ftatute; and that, whether made before or after judgment, or whether or not afterwards amended by the court. 2. Public Funds and Stocks of public Companies. The ftatutes 8 Geo. I. c. 22. and 31 Geo. II. c. 22. prote& from forgery all the public funds then or fince eftablished by the authority of parliament. The flat. 31 Gco. II. c. 22. and 4 Geo. III. c. 25. extend the fame protection to the parliamentary funds or flocks of public companies, and the 8 Geo. I. c. 22. efpecially includes the South-Sea-Company, as the ftat. 9 Geo. I. c. 12. and other acts efpecially include particular orders and public annuities. To these many others are added for the protection of various other chartered companies; as the British Plate-glafs, and Globe Infurance; the objects of forgery are specified with great minutenefs, and the offence is in all cafes declared to be felony without benefit of clergy. on 3. Notes and other Securities of the Bank of England. The laws refpecting thefe are mentioned in this vol. p. 165. 4. Stamps. Stamps denoting the payment of certain duties are required by various acts of parliament to be affixed a multiplicity of written or printed documents. And for the purpose of protecting the revenue from fraud, in counterfeiting, uttering, or vending the fame knowingly, the refpective acts always contain a claufe declaring the forgery of them to be felony, without benefit of clergy. Another general provision in regard to offences against the stamp laws is in the ftat. 12 Geo. III. c. 48. which enacts, that if any perfon fhall write or engrofs either the whole, or any part of any writ, mandate, bond, affidavit, or other writing, matter, or thing whatfoever, in refpect whereof any duty is or fhall be payable on the whole, or any part of any piece of vellum, parchment, or paper, whereon there fhall have been before written any other writ, bond, mandate, affidavit, or other matter or thing, in refpect whereof any duty was or fhall be payable as aforefaid, before fuch vellum, parchment, or paper fhall have been again marked or ftamped according to the faid acts; or fhall fraudulently erafe or fcrape out the name of any perfon, or any fum or date; or fraudulently cut, tear, or get off, any mark or ftamp, from any piece of vellunt, parchment, paper, playing cards, outfide paper of any parcel or pack of playing cards, or any part thereof, with intent to ufe fuch ftamp or mark for any other writing, the of fender, and every perfon abetting or affifting him, fhall be tranfported for a term not exceeding feven years. And if he efcape, break prifon, or return from tranfportation before the Tt4 expi expiration of his time, he fhall fuffer death as a felon, without benefit of clergy, and fhall be tried for such felony in the county where he is apprehended. But any fraudulent ufing of a legal ftamp, which many of the abovementioned offences may be deemed to be, is made capital by fubfequent ftatutes, the 23 Geo. III. c. 58. and 27 Geo. III. c. 13. Forging the flamps on gold or filver plate is by the 31 Geo. II. c. 32. made felony, without benefit of clergy; but the 38 Gec. III. c. 69. by which gold wares were allowed to be manufactured at a lower ftandard than was before allowed, viz. at the ftandard of eighteen, inftead of twenty-two carats in a pound troy, enacts, that if any perfon fhall forge, caft, or counterfeit the mark or ftamp, he shall be tranfported for feven years. 5. Official Papers, Securities, and Documents. Forging teflimonials of foldiers or mariners; memorials of regiftry of deeds and wills, and of bargains and fales, in Yorkshire and Middlefex; documents relating to fuitors in chancery; Mediterranean pafles; marriage registers and licences; feamen's letters of attorney, bills, tickets, certificates, affignments, laft wills, and other powers or authorities; or certificates to obtain letters of adminiftration to feamen, and other documents to receive wages; prefines; exchequer bills, orders, affignments; Irish debentures; lottery tickets or shares, or licences to keep lottery offices; and contracts for the redemption of the land-tax; are by various ftatutes felonies without benefit of clergy. Forging franks of letters, felony punished by tranfportation for feven years. Forging receipts for duties on legacies fubjects the offender to a penalty of 500l.; forging the ftamp is, like other ftamps, a capital offence. Making or subfcribing falfe certificates of naval or military ftores, fo as unduly to authorize perfons to have them in their poffeffion, is a mifdemeanor punishable with a fine of 2001. and whipping and imprisonment. 6. Private Papers, Securities, and Documents. The 5 Eliz. c. 14. enacts, that if any person shall forge or make, or cause or willingly aflent to be forged or made, any falfe deed, charter, or writing fealed, court-roll, or the will of any person in writing, to the intent that the cftate of freehold or inheritance of any perfon in any lands or hereditaments, freehold or copyhold, or their right, title, or intereft in the fame, may be molested, defeated, or charged; or fhall pronounce, publith, or fhew forth in evidence, any fuch falfe and forged writing as true, knowing the fame to be forged, he shall pay to the party party grieved his double cofts and damages, and be fet upon the pillory in fome open market town, or other open place, and there have both his ears cut off, and alfo his noftrils flit and cut, and feared with a hot iron, fo as they may remain as a perpetual mark of his falfehood, and fhall forfeit to the queen the whole iffues and profits of his lands and tenements during his life, and shall fuffer perpetual imprisonment. If the forgery affected only an eftate or intereft for a term of years, the of fender was to forfeit to the party grieved his double cofts and damages, and to be alfo fet on the pillory, and to have one of his ears cut off, and alfo be imprifoned one year. Perfons once convicted committing a fecond offence, were declared guilty of felony without benefit of clergy. The above ftatute of Elizabeth has now nearly fallen into difufe fince the paffing of the 2 Geo. II. c. 25. which extends to all deeds and wills, upon which the profecution is eafier, and the punishment capital in the first inftance. By this ftatute, which is made perpetual by 9 Geo. II. c. 18. if any perfon fhall falfely make, forge, or counterfeit, or caufe or procure to be falfely made, &c. or willingly act or affift in the falfe making, &c. any deed, will, teftament, bond, writing obligatory, bill of exchange, promiffory note for payment of money, indorsement or affignment of any bill of exchange or promiffory note for payment of money, or any acquittance or receipt either for money or goods, with intent to defraud any perfon whatfoever, (and by ftat. 31 Gco. II. c. 22. with intent to defraud any corporation whatsoever :) or shall utter or publish as true, any falfe, forged, or counterfeited deed, &c. with intent to defraud any perfon, (or corporation,) knowing the fame to be falfe, forged, or counterfeited; every fuch perfon fhall be deemed guilty of felony without benefit of clergy. The ftat. 7 Geo. II. c. 22. (made to fupply the defects of the former act which it recites, and further that no punishment is inflicted by the faid act on fuch as commit the offences thereinafter set forth), enacts, that if any perfon fhall falfely make, alter, forge, or counterfeit; or caufe or procure to be falfely made, &c.; or willingly act or aflift in the falfe making, &c. any acceptance of any bill of exchange, or the number or principal fum of any accountable receipt for any note, bill, or other fecurity for payment of money, or delivery of goods, with intent to defraud any perfon whatsoever, (and by ftat. 18 Geo. III. c. 18. with intent to defraud any corporation,) or fhall utter or publifh as true any falfe, altered, forged, or counterfeited acceptance of any bill of exchange, or accountable receipt for any note, bill, or other fecurity for payment of money, or warrant or order for payment of money or delivery of goods, with intention to defraud any perfon, (or corporation,) knowing knowing the fame to be falfe, altered, forged, or counterfeited, every fuch perfon fhall be deemed guilty of felony without benefit of clergy. In the ftat. 7 Geo. II. there is no express faving of corruption of blood, as in the others: and by the 2 Geo. II. c. 25. the act is not to extend to Scotland. It is faid to be no way material whether a forged inftrument is made in fuch a manner as, were it true, it would be of any validity or not but this must be understood, where the falfe inftrument carries on the face of it the femblance of that for which it is counterfeited, and is not illegal in its very frame. Upon this ground it has been adjudged that the forgery of a protection in the name of one as being a member of parliament, who in truth was no member at the time, is as much an offence at common law as if he were fo. In order to constitute forgery, it is not neceffary there fhould be a perfect refemblance between the false instrument and that which is intended to be imitated if they be fo far alike that the deception is calculatted to impofe upon perfons in general, it is fufficient; though it would not impofe on perfons having particular experience in fuch matters. But though a fimilarity to a common intent be fufficient, yet it is neceflary that the forged inftrument fhould in all effential parts have upon the face of it the fimilitude of a true one; fo that it be not radically defective and illegal in the very frame of it. It is clear that the making of any falfe inftrument which is the fubject of forgery with a fraudulent intent, although in the name of a non-exifting perfon, is as much a forgery as if it had been made in the name of one who was known to exift, and to whom credit was due. It makes no difference whether the making of the falfe inftrument or fignature be really neceffary to the advantage fo fraudulently attempted to be obtained by the party, or gain him any additional credit; it is fufficient if it be made with fuch fraudulent intent. ift. In trials for forgery, a confideration which feems to have involved in it the greatest difliculty is, how far perfonating the true man, or affuming a fictitious character at the time, will affect the offence. On this point the diftinctions are extremely nice; but the following general principles are laid down. That if a perfon gives a note or other fecurity as his own, and the credit thereupon be perfonal to himfelf, without any relation to another, his figning it with a fictitious name may indeed be a cheat, but will not amount to forgery; for in that cafe it is really the inftrument of the party, whofe act it purports to be, and the creditor had no other fecurity in view. But, 2dly. That if a note is given in the name of another perfon either really exifting or reprefented fo to be, and in that light it obtains a fuperior credit, or induces a truft which would not have been given to the party himself, it is then a false inftrument, and punishable as forgery. 3dly. That the law would be the fame, though the note or fecurity were thus falfely fubfcribed in the prefence of him who lent his money upon it, if the impoftor and the party whofe name is made ufe of were both ftrangers to him; for then he could not know that fuch impoftor was not really the perfon whofe name he affumed, and therefore the other would be equally deceived. But how far the first propofition above laid down is to be taken in its utmoft latitude, has been the fubject of much difference of opinion. PUBLISHING OR UTTERING. To pronounce or publish, fays lord Coke, is when one, by words or writing, pronounces or publishes the inftrument to any other as true. It extends, no doubt, to every other manner of exhibiting it as a truc inftrument; but in order to conftitute fuch an offence it must be done with knowledge of the forgery; which knowledge may come by the relation of another, as well as by the party's own obfervation. Such relation is not conclufive evidence of the fact of knowledge; it must be left to the jury upon the whole matter; for poffibly there might be circumftances which might invalidate or weaken the credit of the perfon relating it, or of his relation itself, though it afterwards appear to be true. This is an offence diftinct from, though connected with, the act of falfe making, or forgery; and therefore it is the common practice to indict perfons who knowingly utter forged inftruments as principals; and there may be acceffaries before to fuch offence. ACCESSARIES. In forgery, it is laid down generally in the books that all are principals; and that whatever would make a man acceffary before in felony, will make him a principal in forgery; but this, it is faid, muft be understood of forgery at common law, and where it is confidered only as demeanor. a mif INDICTMENT. It is effentially neceffary to an indi&ment for forgery that the inftrument alleged to be forged fhould be fet forth in words and figures; though there is no technical form of words for exprefling that it is to be fet forth. In fetting forth, however, the tenor of an inflrument, a literal variance will not vitiate the indictment. If any part of a true inftrument be altered, the indictment may lay it to be a forgery of the whole inftrument. It is a general rule applicable to this as to other offences, that an indictment on a ftatute muft in general fet forth the charge in the very words of |