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gold, or silver plate, or other material, with any such forged or counterfeited mark, stamp, die, or plate, as aforesaid, with intent to defraud bis Majesty, his heirs or successors, of any of the duties, or any part of the duties, under the care and mabagement of the said commissioners; or, if any person shall utter or sell, or expose to sale, any vellum, parchment, paper, card, ivory, gold or silver plate, or other material, having thereupon the impression, or any such forged or counterseited mark, stamp, die, or plate, or any such forged or counterfeited impression as aforesaid, knowing the same respectively to be forged or counterfeited ; or, if any person shall privately or secretly use any such mark, stamp, die, or plate, which shall have been so provided, made or used, by or under such direction as aforesaid, with intent to defraud his Majesty, his heirs, or successors, of any of the duties, or any part of the duties, under the care and management of the said commissioners, every person so oflending, and being thereof convicted, shall be adjudged guilty of felony, and shall sufler death as a felon, without benetit of clergy.” As to the present punishment, vide ante, p. 471.

And by 55 Geo. 3, c. 184, s. 7, “if any person shall forge or counterfeit, or cause or procure to be forged or counterfeited, any stamp, or die, [ *497] or any part of any stamp, or die, which shall have *been provided, made, or used, in pursuance of this act, or in pursuance of any former act or acts, relating to any stamp duty or duties, or shall forge, counserfeit, or resemble, or cause or procure to be forged, counterfeited, or resembled, the impression, or any part of the impression, of any such stamp, or die, as aforesaid, upon any vellum, parchment or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper, with any such forged or counterfeited stamp or die, or part of any stamp or die as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the duties hereby granted, or any part thereof; or if any person shall utter, or sell or expose to sale, any vellum, parchment, or paper, having thereon the impression of any such forged or counterfeited stamp or die, or part of any stamp or die, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the same respectively to be forged, counterfei or resembled, or if any person shall privately and secretly use any stamp or die, which shall have been so provided, made or used, as aforesaid, with intent to defraud his Majesty, his heirs or successors, of any of the said duties, or any part thereof; or if any person shall fraudulently cut, tear, or get off, or cause or procure to be cut, torn, or got off, the impression of any stamp or die, which shall have been provided, made or used, in pursuance of that or any former act, for expressing or denoting any duty or duties, under the care or management of the commissioners of stamps, or any part of such duty or duties, from any vellum, parchment, or paper whatsoever, with intent to use the same for or upon any other vellum, parchment or paper, or any instrument or writing charged or chargeable with any of the duties thereby granted ; then, and in every such case every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person or persons in committing any such offence as aforesaid, and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as a felon, without benefit of clergy.” As to the present punishment, see ante, p. 471.

By the 3 & 4 Wm. 4, c. 97, s. 11, “whenever any vellum, parchment,

or paper shall be found in the possession of any person licensed to vend or deal in stamps, or who shall have been so licensed at any time within six calendar months then next preceding, such vellum, parchment, or paper having thereon any false, forged, or counterfeit stamp, mark, or impression, resembling or representing, or intended or liable to pass or be mistaken for any stamp, mark, or impression of any die, plate, or other instrument, which at any time whatever hath been, or shall or may be provided, made, or used, by or under the direction of the commissioners of stamps, for the purpose of expressing or denoting any stamp duty whatever, then, and in every such case, the person in whose possession such vellum, parchment, or paper shall be so found, shall be deemed and taken to have so had the same in his possession, with intent to vend, use, or utter the same, with such false, forged, or counterfeit stamp, mark, or impression thereon, unless *the contrary shall be satisfactorily prov- [ *498 ] ed; and such person shall also be deemed and taken to have such vellum, parchment, or paper so in his possession, knowing the stamp, mark, or impression thereon to be false, forged, and counterfeit, and such person shall be liable to all penalties and punislıments by law imposed or inflicted upon persons vending, using, uttering, or having in possession false, forged, or counterfeit stamps, knowing the same to be false, forged, or counterfeit, unless such person shall, in every such case, satisfactorily prove that such stamp or stamps was or were procured by or for such person, from some distributor of stamps appointed by the said commissioners, or from some person licensed to deal in stamps, under the authority of this act.”

By s. 12, "if any person shall, knowingly and without lawful excuse (the proof whereof shall lie on the person accused,) have in his possession any false, forged, or counterfeit die, plate, or other instrument, or part of any such die, plate, or instrument, resembling or intended to resemble, either wholly or in part, any die, plate, or other instrument, which at any time whatever hath been, or shall or may be provided, made, or used by, or under the direction of the commissioners of stamps, for the purpose of expressing or denoting any stamp duty whatever; or, if any person whatever shall, knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any vellum, parchment, or paper, having thereon the impression of any such false, forged, or counterfeit die, plate, or other instrument, or part of any such die, plate, or other instrument, as aforesaid, or having thereon any false, forged, or counterfeit stamp, mark, or impression, resembling or representa ing, either wholly or in part, or intended or liable to pass or be mistaken for the stamp, mark, or impression of any such die, plate, or other instrument, which bath been, or shall or may be so provided, made, or used as aforesaid, knowing such false, forged, or counterfeit stamp, mark, or impression, to be false, forged, or counterfeit, or if any person shall fraudulently use, join, fix, or place for, with, or upon any vellum, parchment or paper, any stamp, mark, or impression, which shall have been cut, torn, or gotten off, or removed from any other vellum, parchment, or paper; or if any person shall fraudulently erase, cut, scrape, discharge or get out of or from, any stamped vellum, parchinent, or paper, any name, sum, date, or other matter or thing thereon written, printed, or expressed, with intent to use any stamp or mark then impressed or being upon such vellum, parchment, or paper, or that the same may be used for any deed, instrument, matter or thing,

in respect whereof any stamp duty is, or shall or may be, or become payable ; or, if any person shall knowingly use, utter, sell, or expose to sale, or shall knowingly, and without lawful excuse (the proof whereof shall lie on the person accused,) have in his possession, any stainped vellum, parchment, or paper, from or off, or out of which any such name, sum, date, or other matter or thing as aforesaid, shall have been fraudulently erased, cut, scraped, discharged, or gotten as aforesaid, then, and in every such | *499 ) case, every person so offending, and every *person knowingly and wilfully aiding, abetting, or assisting any person in committing any such offence, and being thereof lawfully convicted, shall be adjudged guilty of felony, and shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, nor less than two years.”

Proof of the intent.] It was held, on an indictment under the 13 Geo. 3, c. 52, s. 14, and the 39 Geo. 3, c. 69, s. 7, for unlawfully transposing the mark of the Goldsmiths' Company from one gold ring to another, that it did not require any fraudulent intent to be proved, in order to bring the party within the statutes, there being no words in the statutes to that effect. Ogden's case, 6 C. and P. 631 (a).

Variance.] Upon an indictment for removing, from one silver kneebuckle to another, certain stamps, marks, and impressions ; to wit, the King's head, and the lion rampant, on producing the knee-buckle in evidence, it appeared that the lion was a lion passant, and not a lion rampant; and this was held to be a fatal variance. Lee's case, 1 Leach, 416.

For forging the stamp denoting the duty to have been paid on paper, pasteboard, &c. see the 1 Geo. 4, c. 48, s. 13; forging the stamp on linens, calicoes, stuffs, &c., the 10 Anne, c. 19, s. 97; 13 Geo. 3, c. 56, s. 5; forging the stamp on cambrics, 4 Geo. 3, c. 87.

FORGERY OF OTHER PUBLIC DOCUMENTS.

There are a great variety of statutes containing enactinents against the forging of public documents of various kinds. A reference to the principal of these is all that can be given in the present work.

Forgeries relating to the navy and army.] 11 Geo. 4 and 1 Wm. 4, c. 20, for amending and consolidating the laws relating to the pay of the royal navy. See also 57 Geo. 3, c. 127; 10 Geo. 4, c. 26 ; 23 Geo. 3, c. 50, forging name of paymaster of the forces. 47 Geo. 3, Sess. 2, c. 25, s. 8, forging names of persons entitled to pay, or pensions. 54 Geo. 3, c. 86, s. 8, altering names in prize lists. 7 Geo. 4, c. 16, false certificate or representation as to Chelsea Hospital ; s. 38, false personation of officers and soldiers entitled to pay; forging their names, &c. 46 Geo. 3, c. 45, s. 9, forging name of treasurer of the ordnance. 54 Geo. 3, c. 151, forging name of agent general of volunteers. 2 & 3 Vict. c. 51, forging docu

(a) Eng. Com. L. Rep. xxv. 590.

ments relating to pensions granted for service in the army, navy, royal marines and ordnance.

Forgeries relating to the customs and excise.] Forging the name *of the receiver or comptroller-general of the customs, is punish- [ *500 ] able with transportation for life, by 3 & 4 Wm. 4, c. 51, s. 27. Unauthorized persons making paper in imitation of excise paper, and persons forging or counterfeiting plates or types, are guilty of felony, and subject to transportation, by 2 Wm. 4, c. 16, s. 3; and by section 4, persons counterfeiting permits, or uttering forged permits, are likewise guilty of felony, and punishable in the same manner. By the 7 & 8 Geo. 4, c. 56, the forging the name of the receiver-general, or comptroller of excise, is made a capital felony; but the capital punishment is taken away by 1 Wm. 4, c. 66, s. 10. As to forging debentures and certificates, see 59 Geo. 3, c. 143, s. 10.

Forgeries relating to land tax, &c.] The forgery of contracts for the redemption of the land tax, is provided against by the 52 Geo. 3, c. 143. So the forging the names of the commissioners of woods and forests, by the 50 Geo. 3, c. 65.

Forgeries relating to public officers in courts of justice, &c.] Forging the name of the accountant-general of the Court of Chancery, 12 Geo. 1, c. 32 ; or of the accountant-general of the Court of Exchequer, 1 Geo. 4, c. 35; or of the receiver at the Alienation Office, 52 Geo. 3, c. 143; or of the registrar of the Court of Admiralty, 53 Geo. 3, c. 151, s. 12 ; or of certificate of former conviction, 7 & 8 Geo. 4, c. 38, s. 11; or the seal of the register office, 6 & 7 Wm. 4, c. 86, s. 43, ante, p. 496.

Forgeries relating to matters of trade, &c.] Forging declarations of return of insurance, is punishable with transportation for seven years, under the 54 Geo. 3, 133, s. 10. Forgeries of documents relating to the suppression of the slave trade, are provided against by the 5 Geo. 4, c. 113, s. 10; forgeries of Mediterranean passes, by the 4 Geo. 2, c. 18, s. 1; and forgeries of certificates of quarantine, by the 6 Geo. 4, c. 78, s. 25.

Forging any declaration, warrant, order, or other instrument, or any af. fidavit

or affirmation required by the commissioners for the reduction of the national debt, &c., is provided against by the 2 & 3 Wm. 4, c. 59, s. 19. Forging any certificate of a receipt given to or by the commisioners for relief to the West India Islands, by the 2 & 3 Wm. 4, c. 125, s. 64 ; to or by the commissioners for relief to the Island of Dominica by the 5 & 6 Wm. 4, c. 51, s. 5 ; forging any receipts for compensation money to slave owners, by the 5 & 6 Wm. 4, c. 45, s. 12.

*FURIOUS DRIVING.

By the 1 Geo. 4, c. 4, if any person whatever shall be maimed, or otherwise injured by reason of the wanton and furious driving or racing, or by the wilful misconduct of any coachman, or other person having the charge of any stage-coach, or public carriage, such wanton or furious driving or racing, or wilful misconduct of such coachman or other person, shall be, and the same is thereby declared to be a misdemeanor, and punishable as such, by fine and imprisonment. Provided that nothing in that act contained shall extend or be construed to extend to hackney-coaches being drawn by two horses only, and not plying for hire as stage-coaches.

GAME.

Statute 7 & 8 Geo. 4, c. 29

502
of the land

504 Taking or killing hares, &c., in the night 502 Limitation of time for prosecutions Proof of the taking or killing · 502

under the 9 Geo. 4

504 Proof that the offence was committed Unlawfully entering land for the purpose

in some warren, &c. used for the of taking game, being armed 504
breeding of hares, &c.
502 Proof of the entering, &c.

505 Proof of the offence being committed Proof of the entering or being in the in the night

502
place specified

505 Statute 9 Geo. 4, c. 69

503 Proof of the purpose to take or desTaking or destroying game by night 503

troy game or rabbits .

506 Proof of the former convictions 503 Proof of the being armed, &c. 506 Proof of the third offence

504 Assault upon persons apprehending of Proof of the situation and occupation

fenders

507

All offences with regard to game, which are the subject of indictment, are statutable offences, not known to the common law. Such animals being feræ naturæ, are not, in their live state, the subjects of larceny. Vide post, title, Larceny. [ *502] *The principal provisions with regard to offences relating to game, are contained in the 7 & 8 Geo. 4, c. 29, and 9 Geo. 4, c. 69.

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TAKING OR KILLING HARES, &c., IN THE NIGHT,

BREEDING, &c.

By the 7 & 8 Geo. 4, c. 29, s. 30, if any person shall unlawfully and wilfully, in the night-time take or kill any hare or coney, in any warren or ground lawfully used for the breeding or keeping of hares or conies, whether the same be inclosed or not, every such offender shall be guilty of a misdemeanor, and shall be punished accordingly.

The offence in the day-time is made the subject of summary conviction.

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