Sc. whereby the built or repaired by presentment; shall forfeit for every such offence, upon conviction by the oath of a witness, before a justice of peace within bis jurisdiction, or upon the view of such justice, such sum not exceeding £5. as such justice, chief magistrate, or his acting deputy shall think fit. IV. Lastly with respect to the crime of forgery: The 4. Punishment for 5 Eliz. c. 14. Eng. enacts (s. 2.) that if any person upon forging derds, his own head and imagination, or by false conspiracy freehold, &c. of and fraud with others, shall wittingly, subtilly, and another may be falsely forge or make, or subtilly cause, or wittingly as5 Eliz. c. 14. sent to be forged or made, any false deed, charter or troubled. 8. 2. Eng. writing sealed, court roll, or the will of any person in writing, to the intent that the state of freehold or inheritance of any person of, in, or to any lands, &c. freehold or copyhold, or the right, title, or interest, of any person of, in, or to the same, or any of them, may be molested, troubled, defeated, recovered or charged; or shall pronounce, publish, or shew forth in evidence any such false and forged deed, &c. as true, knowing the same to be false and forged, and to such intent as aforesaid; and shall be thereof convicted, either upon action of forger of false deeds, to be founded upon this statute, at the suit of the party grieved, or otherwise according to law; he shall pay his double costs and damages, to be assessed in that court where such conviction shall be, and also shall be set upon the pillory in some open market-town, or other open place, and there to have both his ears cut off, and also his nostrils to be slit and cut, and seared with a hot iron, so as they may remain for a perpetual mark of his falsehood, and shall forfeit to the crown the whole issues and profits of his lands and tenements during his life, and also shall suffer perpetual imprisonment during his life: The said damages and costs to be recovered at the suit of the party grieved, to be first levied of the goods of the offender, and of the issues and profits of the lands, &c. of the party convicted. And by s. 3. if any person upon his Punishment for own head, &c. shall wittingly, subtilly and falsely, forge forging a deed whereby a lease or make, or wittingly, &c. cause or assent to be made or annuity may and forged, any false charter, deed or writing, to the s. 3. be claimed. 8. 4. Remedies for intent that any person may claim an estate or interest for years, in any lands, &c. not being copyhold, or any annuity in fee simple, fee tail, or for term of life, lives, or years; or shall as aforesaid forge, make, or cause or assent to be made or forged, any obligation or bill obligatory, or any acquittance, release or discharge of any debt, &c. or other thing personal; or shall pronounce, publish, or give in evidence any such false and forged charter, &c. or obligation, &c. as true, knowing the same to be false and forged, and shall be thereof convicted as aforesaid, he shall pay unto the party grieved his double costs and damages, to be assessed in such court where such conviction shall be had, and shall be also set on the pillory in some market-town, or other open place, and there to have one of his ears cut off, and shall also be imprisoned for one year. By s. 4. the party grieved may have his action of forger of false deeds upon this statute, against any such offender, by party grieved. original writ out of chancery, and have like process upon the same, as in trespass at common law; or may, at his pleasure, take his suit by bill in the king's bench or exchequer, wherein, &c. By s. 5. if the defendant shall be convicted for any of the offences aforesaid, and shall have received corporal punishment accordingly, he shall not eftsoons be impeached for the same offence. By s. 6. although the plaintiff in any such action shall, after verdict against the defendant, release the judgment or execution, or suffer the same to be discontinued, yet release shall dis such release, discharge or discontinuance, shall only charge only his discharge such costs and damages as the plaintiff should damages, have had; and the judges before whom the action shall be, may proceed to judgment of and upon the residue of the penalties, and command execution upon the same. By s. 7. if any person convicted of any the offences aforesaid, shall eftsoons commit any of said offences, every such 2nd offence shall be felony without felony without benefit of clergy; saving to every person, &c. other clergy. than the offender, their rights, &c. in or to any lands, &c. of any person so convicted. Provided (s. 8.) that. such conviction or attainder of felony shall not extend No corruption of to take away dower, nor to the corruption of blood, or blood, c. disherison 9. 5. Propise. S. 6. The plaintifs own costs and Second offence s. 8. s. 10. Justices of as termine offences. S. 9. disherison of the heir. By s. 10. justices of oyer and terminer, and justices of assize, shall have power to size, &c. to de- inquire, &c. of the offences aforesaid, and to make process for execution as against any person indicted of trespass. By s. 9. this act shall not charge any ordinary, or Propio as to or- their officers, with any offence aforesaid, for putting dinuries and their seal of office to any will exhibited unto them, not knowing the same to be false or forged, or for writing of the said will or probate of the same. their officers. s. 12. Not to extend to proctors, &c cuurt. 8. 15. Proviso as to attornies and And by s. 12. this act shall not extend to any proctor, advocate, or register of any ecclesiastical court, for the writing, setting of ecclesiastical forth or pleading of any proxy according to the customs allowed by the ecclesiastical courts, for the appearance of any person cited to appear in the said courts, nor to any archdeacon or official, for putting their authentic seal to the said proxies, nor to any judge ecclesiastical for admitting of the same. And by s. 15. this act shall not extend to any attorney, or counsellor, that shall for his client plead or give in evidence any false and forged deed, &c. being not party or privy to the forging of the same: Nor (by s. 16.) to any person that shall plead or shew forth any deed or writing exemplified under the great seal, or under seal of any authentic court, nor shall extend to any judge or other person, that shall cause any seal of any court to be set to such deed, charter, or writing inrolled, not knowing the same to be false or forged. And by s. 11. all other statutes against forgery, are declared void. But this statute seems to be superseded by the 2 Geo. 2. c. 25. s. 1. Eng. which (as amended by the 31 Geo. 2. c. 22. s. 78. Eng) enacts, lawyers. s. 16. Proviso as to writings exem plified. s. 11. Former laws repealed. 2 Geo. 2. c 25. s. 16. Eng. person or cp po Jelony. that if any person shall falsely make, forge or counterForgery with intent to def and feit, or cause or procure to be falsely made, &c. or wilration, a capital lingly act or assist in the false making, &c. any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange, or promissory note for payment of money, or any acquittance or receipt either for money or goods, with intention to deBy 31 Geo. 2, fraud any person [*or corporation]; or shall utter or pub<.22. s. 78. English as true any false, forged, or counterfeited deed, &c. Eng. any person or c. 18. Eng. with intention to defraud any person, &c. knowing the same to be false, &c.; he shall be guilty of felony without benefit of clergy. The clauses s. 4 & 5. of this act, have been already stated, ante p. 608. and are to be here referred to. And by the 7 Geo. 2. c. 22. Eng. as 7 Geo. 2. c. 22. amended by the 18 Geo. 3. c. 18. Eng. if any person shall falsely make, alter, forge or counterfeit, or cause Forging certain writings or parts or procure to be falsely made, &c. or willingly act or asof writings, with sist in the false making, &c. any acceptance of any bill intent to defraud of exchange, or the number or principal sum of any ac- corporation, a countable receipt for any note, bill, or other security capital felony. for payment of money, or any warrant or order for payment of money, or delivery of goods, with intention to defraud any person, [*or corporation]; or shall utter or *By 18 Geo. 3, publish as true any false, altered, forged or counterfeited acceptance of any bill of exchange, or account- So knowingly able receipt for any note, bill, or other security for pay- uttering such forged writings, ment of money, or warrant or order for payment of money or delivery of goods, with intention to defraud any person, &c. knowing the same to be false, &c. he shall be guilty of felony without benefit of clergy The 45 Geo. 3. c. 89. G. B. recites the 2 Geo. 2. c. 25. and 45 Geo.3. c.89. 7 Geo. 2. c. 22. supra, amongst other statutes, and that it is expedient that their provisions for preventing and pun- Forging &c. ishing forgery should be in force in every part of Great certa wotings Britain, with such alterations, &c. as are hereby made; Great Britain, a capital felony, and enacts, that if any person shall falsely make, forge, counterfeit or alter, or cause or procure to be falsely made, &c. or willingly act or assist in the false making, &c. any deed,' will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange or promissory note for payment of money, acceptance of any bill of exchange, or any acquittance or receipt for money or goods, or any accountable receipt for any note, bill, or other security for payment of money, or any warrant or order for payment of money or delivery of goods, with intention to defraud any person or body corporate; or shall offer, dispose of, or put away any false, forged, S knowingly to offer, dispose of, counterfeited or altered deed, &c, with intention to de- or put away such fraud any person, &c. knowing the same to be false, ments, VOL. II. 3 Y forged G. B. in any hart of forged instru Ir. 3 Geo. 2. c. 4. Ir. Forging, &c. certain instru ments to the value of £5. a felony. forged, counterfeited or altered; every such offender shall be guilty of felony without benefit of clergy. In 28 Eliz. c. 3. Ireland the 28 Eliz. c. 3. Ir. is a corresponding statute to the 5 Eliz. c. 14. supra. And the 3 Geo. 2. c. 4. Ir. as amended by the 17 Geo. 2. c. 11. Ir. (in analogy to the 2 Geo. 2. c. 25. Eng. supra) enacts, that if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, &c. or willingly act or assist in the false making, &c. any deed, last will or testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, to the value of £5. indorsement or assignment of any bill of exchange or such promissory note for payment of money, or any acquittance or receipt, either for money or goods, to the value of £5 with intention to defraud any person; or So knowingly shall utter or publish as true any false, forged, or coun attering such forged instru 1 Geo.2. c.11. 8. 1. Ir. (except utterers) 13& 14 Geo. 3. c. 14. Ir. Persons forging notes, bills, &c. or knowingly uttering them, guilty capitally. terfeited deed, &c. with intention to defraud any person, knowing the same to be false, &c.; such offender shall be guilty of felony, and be burned in the hand, or transported at the discretion of the court before which such offender shall be convicted: But the 17 Geo. 2. c. 11. s. 1. Ir. recites the several offences in the 3 Geo. 2. c. 4. Such offenders s. 1. supra, (except that of knowingly uttering, &c. such busted of clergy. forged deeds, &c.) and enacts, that if any person shall be indicted on the 3 Geo. 2. c. 4. for any of said offences, and convicted, he shall be excluded from the benefit of clergy. The 13 & 14 Geo. 3. c. 14. Ir. as 25 Geo.5. c.57. amended by the 25. Geo. 3. c. 37. Ir. also enacts, that if any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, &c. or willingly act or assist in the false making, &c. any promissory note, or indorsement of any promissory note, or any bill of exchange, or acceptance or indorsement of any bill of exchange, or in altering the number or principal sum of any promissory note, bill of exchange, or accountable receipt, or any receipt, acquittance, or discharge for rent, or other consideration, or any note, bill, or other security for payment of money, or any warrant or order for payment of money, or any order for the delivery of goods, or procuring or giving credit, to the value of £5. |