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The counsel for the prisoner not being prepared with any evidence of these steps withdrew his challenge. The trial then proceeded, and the prisoner was convicted.

The learned Chief Baron respited the prisoner, in order that the opinion of the Judges might be taken, whether the suggestion, on which the challenge to the array was withdrawn, was proper; and whether the challenge ought not to have proceeded, and if it had been proved that the sheriff was in a situation giving him by possibility an interest in the trial, whether the challenge should not have been allowed.

In Michaelmas Term 1824, the Judges met, and considered this case, and were of opinion that proof of the notice and examination according to the statute was essential to sustain the challenge.

REX v. HENRY FAUNTLEROY.

A power of attorney to transfer government stock, signed, sealed, and delivered, is a

deed within the 2 G. 2, c. 25, s. 1, (a) S. C. 2 Bing. 413:

The prisoner was tried before Mr. Justice Park, (Garrow, B. being present), at the Old Bailey sessions, October 1824, on an indictment for forgery.

The indictment contained eleven counts, the first of which charged that the prisoner on the first of June, 55 Geo. 3, with force and arms, at &c. feloniously did falsely

(a) By 2 G. 2, c. 25, s. 1, it is enacted, that if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or wil. lingly act or assist in the false making, forging or counterfeiting any deed, &c. with intention to defraud any person whatsoever, or shall utter or publish as true, any false, forged, or counterfeited deed, &c. with intention to defraud any person, knowing the same to be false, forged, or counterfeited, every such person being thereof convicted, shall be deemed guilty of felony without clergy.

make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting a certain deed, the tenor of which said false, forged and counterfeited deed is as follows:

“ Know all men by the presents, that I, Frances Young, of Chichester, spinster, do make constitute and appoint William Marsh, Sir James Sibbald, Baronet, Josias Henry Stracey, Henry Fauntleroy, and George Edward Graham, all of Berners-street, bankers, my true and lawful attorneys, jointly and each of them separately, for me and in my name and on my behalf, to accept all such transfers as are or may hereafter be made unto me of any interest or share in the capital or joint stock of three per cent. annuities, created by an act of parliament of the twenty-fifth year of the reign of His Majesty King George II., entitled, “ An Act for converting the several Annuities therein mentioned into several Joint Stocks of Annuities, transferable at the Bank of England, to be charged on the Sinking Fund, &c.,' and by several subsequent acts.

“ Also to receive and give receipts for all dividends that are now due, and that shall hereafter become due and payable for the same for the time being.

“ Likewise to sell, assign, and transfer all or any part of five thousand pounds, being part of my

said joint-stock or annuities; to receive the consideration money, and give a receipt or receipts for the same; and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming all that my said attorneys or either of them shall do therein by virtue hereof. And in case of my death, this letter of attorney, as to all matters and things which after my decease shall be done by my said attorneys or either of them, by virtue of, or under colour, or in pursuance hereof, shall, so far as the Gov

ernor and Company of the Bank of England are interested or concerned, be as binding upon my executors and administrators as the same would have been upon me if living, unless notice in writing of my death shall have been previously given to the said Governor and Company by my executors or administrators, or by some person or persons interested in the property to which this letter of attorney refers ; and unless such notice be given, I hereby promise and engage, and bind myself, my executors and administrators, to and with the said Governor and Company of the Bank of England, that they my said executors or administrators shall and do allow, ratify, and confirm as good, valid, and effectual against them and against my estate, whatsoever shall or may be done by my said attorneys, or either of them, after my decease, so far as the said Governor and Company of the Bank of England shall or may be in any way or manner interested therein. In witness whereof I have hereunto set my hand and seal the thirty-first day of May, in the year of our Lord one thousand eight hundred and fifteen.

“ Frances Young. (L.S.) • Signed, sealed and delivered in the

presence

of “ John Watson, • James Tyson, Clerks to Marsh, Sibbald and Co. Bankers,

Berners-street." with intent to defraud the Governor and Company of the Bank of England, against the statute &c., and against the peace,

&c. The second count charged the prisoner on the same day and year aforesaid, at &c. aforesaid, with feloniously uttering and publishing as true, a certain false and counterfeited deed, the tenor of which said deed is as follows : (setting it out as in the first count) with intention to defraud the Governor and

Company of the Bank of England, the said prisoner at the time of his so uttering and publishing as true the said last mentioned false, forged, and counterfeited deed, then and there to wit, on, &c., aforesaid, at, &c., aforesaid, well knowing the same deed to be false, forged, and counterfeited, against the statute, &c., and against the

peace, &c.

The third count charged that the prisoner on, &c., aforesaid, at, &c., aforesaid, feloniously did dispose of and put away a certain false, forged, and counterfeited deed, the tenor of which said deed is as follows (as in the first count), with the like intent; the said prisoner at the said time of his so disposing of and putting away the said last mentioned false, forged, and counterfeited deed, then and there, to wit, on, &c., aforesaid, at, &c., aforesaid, well knowing the same deed to be false, forged, and counterfeited, against the statute, &c., and against the

peace, &c.

The fourth, fifth, and sixth counts were the same as the first, second and third, only stating the intent to be to defraud Frances Young.

The seventh, eighth, and ninth counts were also the same as the first, second, and third, only stating the intent to be to defraud one William Flower.

The tenth count charged, that the prisoner, on, &c., aforesaid, at, &c., aforesaid, feloniously did forge and counterfeit, and procure to be forged and counterfeited, and knowingly and wilfully act and assist in the forging and counterfeiting a certain letter of attorney, to transfer and assign a certain share of one Frances Young, of and in the capital stock of certain annuities called consolidated three pounds per cent. annuities, established by 25 G. 2, and by divers subsequent acts of parliament in that behalf made and provided; the tenor of which said forged and counterfeited letter of attorney was as follows, (setting

out the instrument as in the first count,) against the statute, &c., and against the peace, &c.

The eleventh count charged, that the prisoner, on, &c., aforesaid, at, &c., aforesaid, feloniously did forge and counterfeit, and procure to be forged and counterfeited, and knowingly and wilfully act and assist in the forging and counterfeiting a certain letter of attorney, to transfer and assign a certain share of one Frances Young, of and in the capital stock of certain annuities, called consolidated three pounds per cent. annuities, established by 25 G. 2, and by divers subsequent acts of parliament, (enumerating them, the tenor of which said forged and counterfeited letter of attorney was as follows, (setting out the instrument as in the first couut), against the statute, &c., and against the peace, &c.

The jury found the prisoner guilty upon the second, fifth, and eighth counts of the indictment, and acquitted him upon the other counts.

The question reserved for the opinion of the Judges was, whether this instrument is a deed within 2 G. 2, c. 25.

The prisoner petitioned the Crown, and his case was argued before the twelve Judges, at the Sessions House, Guildhall, Westminster, on the 24th and 25th of November, 1824.

Brodrick for the prisoner.—The question is whether the power of attorn

attorney set out on this record, and described as a deed, comes within the language and meaning of the 2 G. 2, c. 25, s. 1. It is true, that the argument now intended to be urged, was not insisted on in the case of Rex v. Waite (a), and the reason was that it was

(@) 1 Bing. 121. S. C. Russ. & Ry. C. C. R. 505.

• Eng. Com. Law Reps. viii. 267.

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