seunty of

at

——, that on the twentieth day of ·

in the

present year of our Lord about the hour of one in the night of the same day, the dwelling-house of him the said PR, aforesaid in the county aforesaid was feloniously and burglariously broken and entered, and one pair of silver candlesticks, of the value of 101. of the goods and chattels of him the said PR, in the said dwelling-house, then and there being found, were feloniously and burglariously stolen, taken, and carried away, and that he the said PR hath reasonable cause to suspect, and doth suspect, that O O late of

in the county of labourer, the said felony and burglary did commit; THESE ARE THEREFORE in his majesty's name to charge and command you, that immediately upon the sight hereof you do apprehend the said O O, and bring him before me to make answer unto the premises, and be further dealt with according to law. Herein fail not. Given under my hand and seal, &c.

CATTLE.] By 22 & 23 Car. 2. c. 7, If any person shall in the night time maliciously, unlawfully, and willingly, kill or destroy, any horses, sheep *, or other cattle, every such offence shall be felony, and the offender may elect to be transported for seven years. And if any person shall in the night-time, maliciously, unlawfully, and willingly, maim, wound, or other. wise hurt any horses, sheep, or other cattle, whereby the same shall not be utterly destroyed, he shall forfeit treble damages to the party, grieved to be recovered by action of trespass, or upon the case at common law. s. 5.

And by the Black Act, 9 Geo. 1, c. 22, if any person shall unlawfully and maliciously kill, maim, or wound any cattle, or shall forcibly rescue any person in custody for the same; or shall by gift or promise of money, or other reward, procure any other to join him in any such unlawful act, such person so offending shall be guilty of felony, and shall suffer death ithout benefit of clergy. s. 1.

On an indictment upon this last statute for killing a mare and a stone colt, it was objected in arrest of judgment; first, that the word cattle did not necessarily include horses, mares, and colts; secondly, that the mare and colt were not averred to be cattle within the statute: but the judges unanimously agreed, that as the 22 & 23 Car. 2, c. 7, had made the offence of kil ling horses by night a single felony, the 9 Geo. 1. c. 22, was to be considered as an extension of that act, and the offender had judgment of death, but was afterwards pardoned. 2 Black. Rep. 722.-See also (Larcenies excluded clergy, 8).

*But killing sheep is now excluded clergy by 14 Geo. 2. c. G. s. 1. (See Larcenies excluded clergy, 8), infra. Cc 2

ངས་

COINING.] See general Title COIN.

COVENTRY ACT. See [Maiming.]

CUSTOMS]-for offences relating to the customs made felo nies, see the general title SMUGGLING.

DEER. Persons being armed with swords, fire-arms, or other offensive weapons, and having their faces blacked, or being otherwise disguised appearing in any forest, chase, park, paddock, or grounds inclosed, wherein deer have been or shall be usually kept. 9 Geo. 1. c. 22. s. 1.-(See Black Act.)

DISGUISE.] By the Black Act, 9 Geo. 1. c. 22, If any per sou or persons, being armed with swords, firc-arms, or other of. fensive weapons, and having his or their faces blacked, or be ing otherwise disguised, shall appear in any forest, chase, park, paddock, or grounds inclosed with any wall, pale, or other fence, wherein any deer have been or shall be usually kept:

Or in any warren, or place where hares, or conics have been or shall be usually kept:

Or in any high road, open heath, common or down: such offenders shall be guilty of felony without benefit of clergy.See (Black Act) supra.

The King v. Baylis and Reynolds. The indictment was, that the defendants, at Ledford in the county of Hereford,being armed with offensive weapons, and having their faces blacked, and being disguised,did feloniously appear in the high road there against the form of the statute; the evidence was, that there was a great number of rioters assembled with intent to cut down some turnpikes, set up in that county, and the prisoners were at the head of them, with their faces blacked, so as it could not be known who they were, having on womens gowns, caps, and straw hats, and each an axe in his hand, and they advancing foremost were taken by the constables then assembled by the justices; and after they were taken and confined, the rest of the rioters did cut down the turnpikes. Lord Hardwicke directed the jury thus: the several facts mentioned in the act are not to be taken as being parts of the same offence, but are every of them several offences; and this is a direct separate crime from the rest; it is a single crime, and is for appearing in the high road with faces blacked, and being otherwise disguised. All the other matters proved are but as circumstances, but were properly enough given in evidence, in order to show the nature of the fact. Therefore, if upon the evidence you believe that the prisoners did appear in the high road with their faces blacked, that is sufficient within the act, or that they were otherwise disguised you are to find them guilty. The jury immediately, without going out of court, found them guilty, and they were ordered for execution. Cases B. R. Temp. Hard. 291.

Fess.] By 11 Geo. 2. c. 34 ; 14 Geo. 2. c. 14; and 21 Geo 2. c. 18, the second offence in setting fire to engines for drain ing the several fens in the isle of Ely in Cambridgeshire, which those acts relates, is made felony without clergy.

FINES.-See Bail.

for foreign ser

FOREIGN SERVICE.] By 9 Geo. 2. c. 30, If any subject of Enlisting men Great Britain shall enlist himself; or if any person shall pro- vice. cure any subject of his majesty to enlist, or retain any subject. of his majesty, with an inteut to cause such person to enlist; or procure any subject of his majesty to embark, in order to be enlisted, to serve any foreign state as a soldier, without licence of his majesty first had under the sign manual. * (Although no enlisting money shall be actually paid to or received by him. 29 Geo. 2. c. 17. s. 4), every person so offending, shall be guilty of felony without benefit of clergy.

French service.

And by 29 Geo. 2. c. 17, If any subject of the crown of Accepting comGreat Britain accept any military commission, or otherwise en missions in the ter into the military service of the French king as a commissioned or non-commissioned officer, without leave of his majes ty under the sign manual, every person so offending being con. victed shall be adjudged guilty of felony, and shall suffer death as in cases of felony without benefit of clergy, but without corruption of blood, loss of dower, or disherison of heirs. s. 1, 7. And where any such offence shall be committed out of this realm, the same may be laid and tried in any county in England 29 Geo. 2. c. 30. s. 2. 29 Geo. 2. c. 17, s. 6.

But if the person enlisted or enticed, shall within fourteen days voluntarily discover upon oath, before any civil magistrate, the person by whom he was so enlisted or enticed, so as he may be apprehended and convicted, he shall be indemnified, 9 Geo. 2. c. 30. s. 1, 5,

FORGERIES.] The law concerning forgery in general is treated of at large under the title FORGERY: in this place it is only intended to enumerate such offences which have been declared by statute to be forgery, and from which the benefit of clergy is taken in the first instance.

The first statute on this subject is the 5 Eliz. c. 14, by which it is enacted, That whoever shall falsely forge any deed, charter,

And by 29 Geo. 2, c. 17, If any one of his majesty's British subjects accept of commissions in the corps in the service of the States General of the United Provinces, distinguished by the name of the Scotch Brigade, he shall, within six months after the date of his commission take and subscribe the oaths of allegiance and abjuration in one of the courts at Westminster, at the general assizes or general quarter sessions, or in the dominions of the States General, before his majesty's ministertiere; and within six months after transmit a certificate thereof to the secretary at war, or on default thereof shail forfeit 5001. to be recovered by action within one year after the offen ders come into Great Britain, one moiety to the person who shall sue, and the other to his majesty. 3.5.

or writing sealed, court roll, or the will of any person in writing, to the intent that the estate or freehold, or inheritance to any lands, tenements, or hereditaments, freehold, or copyhold, or the right, title, or interest of any person therein, shall be molested, or shall knowingly utter the same with the like intent, or who shall forge or counterfeit any entry of the acknowledgment of any bargain or in any bargain and sale, or any memorial, certificate or indorsement, entered either at the register-office for the West, the East or the North riding of York, or the register office for the county of Mid. dlesex, whereby the freehold or inheritance of any person may be molested, 2 & 3 Ann. c. 4. s. 19. 5 Ann. c. 18. s. 8. 6 Ann. c. 35. s. 26. 8 Geo. 2. c. 6. s. 31.) shall on conviction by action of damages to the party grieved, pay double costs and damages, be set in the pillory, have his ears cut off, his nostrils slit and scared, forfeit all the profits of his lands, and suf fer perpetual imprisonment. s. 2.

And if such forgery be of any charter, deed, or writing, with intent to claim any estate or interest for a term of years in any premises not being copyhold-or any annuity in fee-simple, fee-tail, or for term of life or years-or if such forgery be of any obligation, bill obligatory, acquittance, release, or discharge of any debt, accounts, or the like, of any thing personal, the offender shall pay double costs and damages, and be set in the pillory as aforesaid, have one of his ears cut off, and suffer imprisonment for one year. s. 3.

And if any person convicted of any of the offences aforesaid, shall after such conviction, eftsoons commit any of the said of fences, such second offence shall be felony without benefit of clergy; saving nevertheless the rights of others, the wife's dower, and the right of heirs. s. 7. 8.- -See this act, and a full exposition thereof, under the general title FORGERY.

But since this statute it has been found expedient, to make more sanguinary laws, for the restraint of these offences par. ticularly in the following instances:

FIRST, in respect to the forgery of DEEDS, WILLS, BONDS, BILLS OF EXCHANGE, PROMISSORY NOTES, ACQUITTANCES, AND RECEIPTS in general,] It is provided by 2 Geo. 2. c. 25. s. 1, revived and made perpetual by 9 Geo. 2. c. 28, likewise by 7 Geo. 2. c. 22. and also by 45 Geo. 3. c. 89, 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 mouey, indorsement or assignment of any bill of exchange or promissory note for the 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 for 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

6

whatsoever (the words in italics are the amendments of 45Geo.3.) or any body or bodies politic or corporate whatsoever. 31 Geo. 2. 22.8.78, 18 Geo. 3. c. 18. 45 Geo. 3. c. 89. s. 1.),or shall utter or publish as true any such false, forged,or counterfeited deed, will, &c. with intention to defraud, knowing the same to be false, &c. every such person being convicted shall be deemed guilty of felony without benefit of clergy, but not to work corrup tion of blood or disherison of heirs. s. 5.

Any deed.] A deed forged in the name of a person who ne ver had existence, is within the statute; for the statute does not use the words deed of any person, or the deed of another, or any words of the like import, but any deed. Foster's Cr. L. 116. Indorsement or assignment of any bill of exchange.] If a bill of exchange payable to A or order get into the hands of an other person of the same name as the payee, and such person, knowing that he is not the real person in whose favour it was drawn, indorse it he is guilty of forgery. Mead v. Young, Mic. 31 Geo. 3. 14 Term Rep. 28.

Any acceptance of any bill of exchange.] And on an indict. ment for forging a bill of exchange, upon an objection being taken that it could not be received in evidence, by rea son of its not being stamped, all the judges held that it was not essential in a prosecution for forgery that the instrument should be stamped, although the act which imposes the duty, expressly says, that no bill of exchange shall be received in evidence, unless it be first duly stamped. The K. v. Hawkeswood, E. 23 Geo. 3. 2 Term Rep. 606.

SECONDLY, in respect of the counterfeiting of THE COMMON BEAL, NOTES, AND OTHER INSTRUMENTS OF THE BANK OF ENGLAND,] it is provided by 8 & 9 Will. 3. c. 20. s. 36, that the forging or counterfeiting the common seal of the governor and company of the Bank of England, or of any sealed bank. bill, made or given out in the name of the said governor and company for the payment of any sum of money, or of any bank. note of any sort whatsoever, signed for the said governor and company, or the altering or rasing any indorsement on any bank-bill, or note of any sort, shall be adjudged to be felony without benefit of clergy.

Upon this act it hath been holden, first, that to erase the usual mark made with red ink across the face of a bank-note, to denote that it has been paid, is an erasing an indorsement,

And this determination seems to be strictly right; for although the act says that no unstamped bill of exchange shall be received in evidence, yet this must only be understood in regard to the recovery of its value in a civil action; for the purposes of fraud may be effected by an unstamped instrument as well as one which possesses the legal stamp; and a mere revenue regulation cannot alter the general law respecting forgery, which is a distinct matter.