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s. 5. G. B.

or customs in England. The 10 Ann. c. 19. 13 Geo. 3. c. 56. 14 Geo. 3. c. 72. 23 Geo. 3. c. 70. 27 Geo. 3. c. 31 & 32. may be referred to for this purpose. And 41 Geo 3.c.91. it is enacted by the 41 Geo. 3. c. 91. s. 5. G. B. that if any person shall counterfeit or forge, or cause or procure Forging certifi to be counterfeited, &c. any certificate authorized or cate required to required to be granted by any officer of excise by virtue be given by any officer of excise, of any act of parliament in force immediately before the a felony.

How punished.

s. 9. 1.

Making, &c.

frame, &c. for

used by the com

passing of this act, and relating to any of the duties of excise, or if any person shall knowingly or willingly give any false or untrue certificate as aforesaid, or shall knowingly or willingly accept or receive any false, &c. certificate as aforesaid; or fraudulently alter or erase any true certificate after the same shall be given by the proper officer; or if any person shall knowingly or willingly publish, or make use of any such certificate so counterfeited, &c. altered or erased, he shall be guilty of felony, and be transported for 7 years, &c. The 48 Geo. 3. c.82. 48 Geo. 3. c. 82. I. enacts (s. 9.) that if any person (not authorized and appointed by the commissioners of inland excise and taxes, and not for the use of the said comthe making of missioners) shall make, or cause or procure to be made, paper with the words, &c. pecu- or shall knowingly aid or assist in the making, &c. or, the paper without being so authorized or appointed, shall knowingly have in his custody or possession, without lawful excuse, (the proof whereof shall be on the person accused) any frame, mould, or instrument, for the making of paper, with the words, marks, or devices peculiar to and appearing in the substance of the paper used by the said commissioners, for such permits, certificates, tickets, and receipts (for the conveyance and protection of certain exciseable goods in Ireland); or if any person (except as before excepted) shall make, &c. any paper in the substance of which the words, marks, or devices peculiar to and appearing in the substance of the paper used by the said commissioners for such permits, &c. shall be visible; or if any person (except as before excepted) shall by any art, mystery, or contrivance, cause or procure, or knowingly aid or assist in causing, &c. the words, &c. peculiar to, &c. the paper used by the said commissioners for such permits, &c. to appear visi

missioners of

excise, &c. for permits, &c.;

Or making such paper; or engraving, &c.

such plates;

ble

ble in the substance of any paper; or if any person (not
authorized as aforesaid,) shall engrave, cast, cut or
make, or cause to be engraven, &c. any plate, type, or
other thing, in imitation of or to resemble any plate or
type made or used by the direction of the said commis-
sioners for the purpose of making or printing of the pa-
per to be used for such permits, &c.; eyery such of-
fender shall be adjudged a felon, and be transported for
life, or for 7 years, as the court who shall
son shall direct.

such try

per

A felony how punished.

memorial or cer

register counties

2&3

s. 8. Eng.

Next with respect to another description of official Persons forging papers: The 2 & 3 Ann. c. 4. Eng. (which provides tificate of regis for the public registering of deeds, conveyances, and try of deeds in wills, within the West Riding of the county of York, of England, and directs a memorial of all such to be registered in a 25 Ann. c. 4. how punished. certain manner at Wakefield, and that the registrar shall s. 19. Eng. indorse a certificate of such registry on every such deed, &c.) enacts s. 19. that if any person shall forge or counterfeit any such memorial or certificate as herein-before mentioned and directed, he shall be liable to such pains and penalties as by the 5 Eliz. c. 14. Eng. are imposed upon persons for forging or publishing of false deeds, &c. whereby the freehold or inheritance of any person in lands, &c. may be molested, &c. And the 5 Ann. c. 18. Eng. (which provides for the inrolling deeds of 5 Ann. c. 1 bargain and sale of lands, &c. within the West Riding of York, and also for the entering of judgments, statutes, or recognizances affecting lands within said West Riding, at the said register office,) also enacts (s. 8.) that if any person shall forge or counterfeit any entry of the acknowledgment of any bargainor in any such bargain and sale, or any such memorial, certificate, or indorsement as herein mentioned and directed, he shall incur such pains and penalties as by the 5 Eliz. c. 14. Eng. are imposed upon persons for forging or publishing of false deeds, &c. ut supra. And the 8 Geo. 2. c. 6. s. 31. 8 Geo. 2. c. 6. Eng. extends said provisions of both statutes to the North s. 31. Eng. Riding of the same county. And the 7 Ann. c. 20. Eng. 7 Ann. c. 20. which is an act for the public registering of deeds, cons. 15. Eng. veyances, and wills, and other incumbrances which shall be made of, or that may affect any lands, &c. within

the

6 Ann. c. 2. s. 17. Ir.

sions in Ireland.

the county of Middlesex,) by s. 15. inflicts the like punishment as the 2 & 3 Ann. c. 4. and 5 Ann. c. 18. supra, upon such persons as shall forge or counterfeit any entry of the acknowledgment of any such memorial, certificate, or indorsement, as therein mentioned or directed. The 6 Ann. c. 2. Ir. (several provisions of which have been already stated vol. 1. p. 544. to 551.) Similar provi- enacts (s. 17.) that if any person shall forge or counterfeit any such memorial or certificate as herein mentioned, he shall incur such pains and penalties as by the 28 Eliz. c. 3. Ir. are imposed upon offenders therein mentioned. And the 8 Anu. c. 10. Ir. which amends the 6 Ann. c. 2. supra, contains the like provision. Geo. 1. c. 15. And the 8 Geo. 1. c. 15, Ir. which amends and explains the 6 Ann. and 8 Ann. also enacts (s. 4.) that if any person shall forge or counterfeit any such certificate as herein mentioned, he shall incur such pains and penalties as by the 28 Eliz. c. 3. Ir. are imposed upon offenders therein mentioned for forging of any false deed or writing sealed, whereby any estate of freehold or inheritance may be molested, &c.

8 Ann. c. 10. s. 4. lr.

s. 4. Ir.

Forging, &c.

The 12 Geo. 1. c. 32. Eng. (which is an act for better name or hand of accountant ge- securing the monies and effects of the suitors of the any certificate, court of chancery, &c.; and the other clauses of which c. in order to have been already mentioned, ante p. 360.) enacts (s. 9.)

neral, &c. to

receive suitors

felony.

12 Gen.1.c.32.

"aid" in

e. 22. Ir.

money, a capital that if any person shall forge or counterfeit, or procure to be forged, &c. or willingly [*act] or assist in the $. 9. Eng. forging, &c. the name or [thand] of the said accountant 23 & 24 Geo.3. general, [‡the said register, the said clerk of the report office,] or any of the cashiers of the said governor and ing," in 25&24 company of the bank of [§England,] to any certificate, Geo.3. c.22. Ir. report, entry, indorsement, declaration of trust, note, 23 & 24 Geo. 3. direction, authority, instrument or writing, for or in c. 22. Ir. order to the receiving or obtaining any the money or 93 & 24Geo. 3. effects of any of the suitors of the said court of chancery;

-A" hand writ

+ "not" in

23

"Ireland" in

e. 22. Ir.

or shall forge, &c. or procure to be forged, &c. or wilfully act or assist in forging, &c. any certificate, &c. made by such accountant general, &c.; or shall utter or publish any such, knowing the same to be forged, &c.

!" Or court of exchequer," here added in 23 & 24 Geo. 3. e. 22. Ir.

&c. with intention to defraud any person whatsoever;

every such offender shall be guilty of felony without benefit of clergy. The 23 & 24 Geo. 3. c. 22. Ir. contains the like clause, but with such variation as is noted in the margin.

Forging name,

c. of the receiver of prefines capital felony.

32Geo 2. c. 14.

The 32 Geo. 2. c. 14. Eng. (which directs the receiver of prefines at the alienation office to receive the post fine at the same time on every writ of covenant a sued out for the passing of fines in the court of C. B. s. and indorse the receipt thereon, with his name and the mark of his office,) enacts (s. 9.) that any person who shall make, forge, or counterfeit, or cause or procure to be made, &c. the mark or hand of such receiver, whereby such receiver, or any other person, may be defrauded, or suffer any loss thereby; shall be guilty of felony without benefit of clergy. To this there is no corresponding statute in Ireland.

9. ing.

ters and cerufi

The clause of the 26 Geo. 2. c. 33. Eng. which relates Mariage registo the offences of forgery, &c. in respect to marriage cates. registers, and licenses, has been already stated, ante 26 Geo.2. c.33. p. 749.

s. 16. Eng.

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cate of cathous qual fication 13 baths being taken, a capital

c. 24. s. 17. iv.

The 21 & 22 Geo. 3. c. 24. Ir. (which is one of the Forging certifi acts for removing the penal disabilities, &c. of such catholics as shall take the oath, &c. prescribed by the & 14 Geo. 3. c. 35. Ir. and which requires that the felony. names of such as shall take said oath, &c. shall be in- 21 & 22 Gro.3. rolled at the Rolls office, and a certificate thereof granted, as already stated, ante vol. 1. p. 502-3.) enacts (s. 17.) that if any person shall forge or counterfeit, or procure to be forged, &c. or willingly assist in the forging, &c. any such certificate, he shall be guilty of felony without benefit of clergy.

diers and ma

The 39 Eliz. c. 17. Eng. which requires certain tes- Testimonials of timonials of justices of peace as licenses for wandering wandering solsoldiers and mariners, makes it a capital felony to forge niners. such testimonials, as already stated, ante p. 753.

39 El-z. c. 17.
s. 2. Eng.
Forging, &c a

The 4 Geo. 2. c. 18. Eng. recites, that certain treaties or conventions have been concluded with the several Mediterranean Pass, a capital states and governments of Barbary, by which it is sti- felony. pulated that all ships belonging to his majesty, or any 4 Geo. 2. c 18.

[blocks in formation]

s. 1. Eng. of

s. 2.

Offences where tried.

27 Geo.3. c.27.

Ir.

Analogous

statute.

of his subjects, may freely pass the seas, and enter into
the ports and harbours of the said states, upon producing
passes of a certain form; and enacts, that if any person
shall, within Great Britain or Ireland, or any of his ma-
jesty's dominions, or without, falsely make, forge, or
counterfeit, or cause or procure to be falsely made, &c.
or wittingly or knowingly act or assist in the false
making, &c. any pass for any ship, commonly called
a Mediterranean Pass, or shall counterfeit the seal of
office, or the hand of the lord high admiral of Great
Britain and Ireland for the time being, or of any com-
missioner for executing the said office; or shall alter or
erase any true and authentic pass issued or made out by
the lord high admiral, &c.; or shall utter or publish as
true any such false, forged, counterfeited, altered or
erased pass, knowing the same to be false, &c.; every
such person, being convicted of any of the offences
aforesaid in any proper court of Great Britain, Ireland,
or any of his majesty's plantations beyond the seas, where
such offence shall be committed, shall be guilty of fe-
lony without benefit of clergy. Provided (s. 2.) that
such crime which shall be committed in any coun-
every
try or place out of Great Britain, either within the do-
minions of the king, or without, shall and may be in-
quired of, &c. in any shire or county of Great Britain,
by virtue of the king's commission of oyer and terminer,
and gaol delivery, or before any court of justiciary in
Scotland, as if there committed. And the 27 Geo. 3.
c. 27. Ir. also enacts (s. 2.) that if any person shall forge
or counterfeit, or cause or procure to be forged, &c. or
shall be aiding and assisting in forging, &c. or causing
to be forged, &c. any pass, commonly called a Medi-
terranean pass, for any ship, with intent that such
forged, &c. pass, shall be made use of to procure any
person any benefit belonging to a Mediterranean pass;
or shall utter, publish, or make use of the same, know-
ing the same to be forged, &c.; or shall counterfeit the
seal of office under which such passes are authorized by
his majesty to be granted, or the hand writing of any
person authorized by his majesty to grant such passes,

and

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