the

sessed of

Persons poshouses under lease, &c.,

who shall demolish or

waste them, declared guilty of misdemeanor.

24. That every person who, being possessed in any manner 9 G. 4, c. 56. or right whatever of any dwelling-house or other building held under or by virtue of any lease or agreement, or for any term of years, or other less term, certain or at will, (whether the possession of such dwelling-house or other building, or part of such dwelling-house or other building, shall have been obtained for the fraudulent and malicious purpose of pulling down or demolishing the same, or for any other purpose whatever,) shall wilfully, fraudulently, or maliciously, and not for the purpose of any intended improvement or beneficial alteration therein, pull down or demolish, or begin to pull down or demolish the same, or commit any other unlawful waste or destruction thereof or thereto; or shall pull down or sever from the freehold any fixture or utensil, being within or appurtenant to such dwelling-house or other building, or used or occupied therewith, or which in a due course of occupancy, ought not to be so pulled down or severed from the freehold; or who shall wilfully and knowingly aid, abet, or assist in the same; or who shall wilfully and knowingly purchase, or contract to purchase the materials or any part of the materials of which such dwelling-house or other building was constructed, or any fixture or utensil being within or appurtenant to any such dwelling-house or other building, or part of such dwelling-house or other building, or used and occupied therewith, and which in due course of occupancy ought not to be pulled down and severed from the freehold ; shall be deemed and is hereby declared to be guilty of a misdemeanor, and shall be subject and liable, on conviction thereof, to the like pains and penalties as in cases of misdemeanor.

25. That in all cases where any dwelling-house or other building, or any part of any dwelling-house or other building, shall be held by virtue of any lease or agreement, or for any term of years, or other less term, certain or at will, (whether the possession of such dwelling-house or other building, or any part of such dwelling-house or other building, shall have been obtained by fraud or not,) whenever it shall be suspected that any person or persons is or are about to pull down or demolish, or to commit any unlawful waste or destruction upon such dwelling. house or other building, or part of such dwelling-house or other building, it shall and may be lawful to and for any owner, lessor, or landlord thereof, or any other person or persons entitled to the same, or interested in the preservation thereof, or for any trustee or agent acting upon the part or behalf of any owner, lessor, landlord, or person so interested, to make and take an oath or affidavit in writing, (or affirmation in writing, if a Quaker,) before any justice of the peace or magistrate for the county, city, town, or other place within which such dwellinghouse or building shall be situate, stating the belief and suspicion of the person or persons making such affidavit or affirmation, that some person or persons in the possession or occupation of such dwelling-house or other building, or of some part thereof,

When suspicion is entertent to demolish or inowners, &c. jure houses; may make before a magistrate.

tained of in.

oath thereof

Magistrate shall thereupon give notice to the parties not to proceed with

out the li

cense of such

magistrate.

9 G. 4, c. 56. or by the permission or collusion of some person in the occupation of such dwelling-house or other building, or of some part of such dwelling-house or other building, hath or have an intention to commit, or do propose to commit, some such wilful or fraudulent waste and destruction as is hereinbefore described, or if any such waste or destruction shall have been commenced there, that the same was fraudulent or malicious, and not for the purpose of any improvement or beneficial alteration in such dwelling-house or other building, or part of such dwelling-house or other building, and which oath and affirmation such justice or magistrate is hereby empowered and required to administer; and upon such affidavit or affirmation being made by such person or persons as aforesaid, it shall and may be lawful for such justice or magistrate to issue a notice in writing, signed by him, stating that information on oath or affirmation has been received that some person or persons occupying such dwellinghouse or other building, or acting under or by the authority or permission of, and in collusion with such occupier or occupiers of such dwelling-house or other building, intends or intend, or is or are about to commit wilful and fraudulent waste, by pulling down and destroying such dwelling-house or other building, or any part of such dwelling-house or other building, and cautioning and admonishing all such persons, and all persons whomsoever, not to proceed to pull down or destroy, or otherwise injure such dwelling-house or other building, or any part of such dwelling-house or other building, until special leave, license, and authority in writing for that purpose shall be first procured from and given by the justice or magistrate by whom such notice shall be signed and such notice shall be served on any and every person by whom it shall be suspected that such waste and destruction shall be intended to be committed, or by whom any such waste and destruction shall have been commenced, if such person can be found, and if not, then such notice shall be affixed on the principal door or entrance of such dwelling-house or other building: and every and any person who, after being ceeding in de- duly served with such notice, or after such notice shall be posted on the principal door or entrance of such dwelling-house or other building, shall, without such leave, license, or authority as aforesaid, pull down or demolish, or shall begin to pull down or demolish, or shall proceed in pulling down or demolishing, any such dwelling-house or other building, or any part of such dwelling-house or other building, or who shall wilfully and unlawfully aid, abet, or assist in the pulling down or demolishing, or beginning to pull down or demolish, or proceeding in pulling down or demolishing of any such dwelling-house or other building, or any part of such dwelling-house or other building, or in committing any unlawful waste or destruction thereof or therein, shall be deemed, and is hereby declared to be guilty of a misdemeanor.

Service of such notice.

Persons pro

molishing houses after such notice,

guilty of misdemeanor.

Persons pulling down houses after

26. That if any person shall, after the service or posting of such notice, begin to pull down and destroy, or shall proceed in

pulling down or destroying, or shall otherwise wilfully and maliciously injure and commit unlawful waste in, on, or to any such dwelling-house or other building, or any part of such dwelling-house or other building; or if any person or persons, having commenced any such waste, pulling down, or destruction, shall not immediately desist from continuing and committing such of fence; it shall and may be lawful for any justice of the peace or magistrate, and he is hereby authorized and required, to issue his warrant, under his hand and seal, directed to any constable or constables, authorizing such constable or constables to prevent such pulling down or destruction of such dwelling-house or other building, or any part of such dwelling-house or other building, and to take into custody and apprehend every person present, aiding and assisting in such pulling down and destruction, and to bring all such persons before such justice or magisand it shall be lawful for such justice or magistrate to commit any such offender so taken and apprehended, to any neighbouring gaol or prison, there to remain without bail or mainprize, until such offender shall give good and sufficient security, by recognizance conditioned not to commit or proceed in committing such wilful waste and destruction; and in case any such waste and destruction shall have been in part committed, then also conditioned to rebuild and repair such dwelling-house or other building, so as to leave the same in as good tenantable order and condition as such dwelling-house or other building was in, previous to the commission of such waste and destruction as aforesaid; and which recognizance every such justice or magistrate is hereby authorized and required to take.

trate ;

27. Provided always, and be it further enacted, that in case any tenant or occupier of any dwelling-house or other building shall, on being required so to do by any such justice or magistrate as aforesaid, enter into a good and sufficient security by recognizance, with two sufficient sureties, in such sum as such justice or magistrate shall require, conditioned to rebuild and repair any such dwelling-house or other building, within six calendar months from the date of such recognizance, and to put such dwelling-house or other building in as tenantable state of repair, or in such the like state of repair, as the same was in previous to the commencement of any wilful waste and destruction thereof or therein; then and in every such case, it shall and may be lawful for such persons so entering into such recognizance, and their workmen and assistants, to proceed in making any repair or alterations and improvements of or in such dwelling-house or other building, as if this act had not been made; anything herein contained to the contrary notwithstanding.

28. That if any such notice as aforesaid shall be personally served on any person as aforesaid, or in case personal service cannot be effected, if such notice shall be regularly posted, according to the directions in this act contained, on the door or principal entrance of any such dwelling-house or other building,

9 G. 4, c. 56.

such notice hended and imprisoned until they, give security not to proceed in such and to repair damages.

may be appre

destruction,

Persons may repairing houses, on

proceed in

giving security to ma.

gistrates.

Notice good, though not any person.

addressed to

9 G. 4, c. 56.

If a person summarily convicted

shall not pay, &c., the justice may com. mit him.

Scale of imprisonment.

44. That in every case of a summary conviction under this act, where the sum which shall be forfeited for the amount of the injury done, or which shall be imposed as a penalty by the justice or justices, together with costs, if awarded, (which costs such justice or justices is and are hereby authorized to award,) shall not be paid, either immediately after the conviction, or within such period as the justice or justices shall at the time of the conviction appoint; it shall be lawful for the convicting justice or justices (unless where otherwise specially directed) to commit the offender to the common gaol or house of correction, there to be imprisoned ouly, or to be imprisoned and kept to hard labour, according to the discretion of the justice or justices, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both, (as the case may be,) together with costs, shall not exceed five pounds; or for any term not exceeding four calendar months, where the amount of such forfeiture or penalty, or of both (as the case may be,) together with costs, shall exceed five pounds, and shall not exceed ten pounds; and for any term not exceeding six calendar months in any other case; the commitment to be determinable in each of the cases aforesaid, upon payment of the amount and costs.

[Accessaries, p. 37. Admiralty offences, p. 14. Malicious intent, p. 36. Pardon, p. 12. Summary proceedings, p. 10.

Forging a deed, will, bond, bill,

SECTION 11.

Forgery and Personation.

3 Geo. 2, c. 4,(a) s. 1.—Whereas it has been found by expe rience, that the laws now in being are not sufficient to prevent the note, receipt, pernicious and abominable crimes of forgery, perjury, and subor. &c., or utter- nation of perjury, be it &c., that if any person, from and after ing the same; the first day of May, in the year of our Lord (1730); shall falsely felony.

make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly act or assist in the false making, forging, or counterfeiting any deed, last will or testament, bond, writing obligatory, bill of exchange, promis. sory note for payment of money to the value of five pounds, endorsement or assignment of any bill of exchange or such promissory note for payment of money, or any acquittance, or

(a) Entitled "An act for the more effectual preventing and further punishment of forgery, perjury, and subornation of perjury; and to make it felony to steal bonds, notes, or other securities for payment of money; and for the more effectual transporting felons, vagabonds, and others."

ངལ

receipt, either for money or goods to the value of five pounds, 3 G. 2, c. 4. with intention to defraud any person whatsoever; or shall utter or publish as true, any false, forged, or counterfeited deed, last will or testament, bond, writing obligatory, bill of exchange, such promissory note for payment of money, endorsement or assignment of any bill of exchange, or such promissory note for payment of money, such acquittance or receipt either for money or goods, with intention to defraud any person, knowing the same to be false, forged, or counterfeited; then every such person, being thereof lawfully convicted according to the due ཟ course of law, shall be deemed guilty of felony, and shall either be admitted to the benefit of clergy or of the statute, and be burned in the hand, or shall be transported, in such manner as other felons are, or shall be transported at the discretion of the court, before which such offender shall be convicted.

not

17 Geo. 2, c. 11, s. 1.-Whereas the crime of forgery is, withstanding the laws now in force against such crime, frequently practised, to the great prejudice of his majesty's subjects: for the more effectual prevention thereof, be it enacted &c. thar if any person or persons shall, upon an act of parliament made in this kingdom in the third year of the reign of his present majesty, intituled, &c. [3 Geo. 2, c. 4,] be indicted for felony, for falsely making, forging, or counterfeiting, or causing or procuring to be falsely made, forged, or counterfeited, or willingly acting or assisting in the false making, forging, or counterfeiting any deed, last will or testament, bond, writing obligatory, bill of exchange, promissory note for the payment of money to the value of five pounds, indorsement or assignment of any bill of exchange, or of such note, or any acquittance or receipt, either for money or goods to the value of five pounds, with intention to defraud any person, and thereof be lawfully convicted or attainted, shall be excluded from the benefit of clergy, or of the statute; anything contained in the said statute made in the third year of the reign of his present majesty, to the contrary thereof in anywise notwithstanding: and that this clause of this present act relating to forgery, shall continue in force to the 25th day of March, (1757,) and from thence to the end of the then next session of parliament.(a)

39 Geo. 3, c. 63, s. 1.-Whereas the crime of forgery hath lately very much increased in this kingdom, to the great injury of the trade and commercial credit thereof; and the laws now in force do not inflict an adequate punishment upon the offenders concerned in such criminal practices; for remedy whereof, be it enacted &c. that if any person, from and after the passing of this act, shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited,

(a) This act was made perpetual by the 34 Geo. 3, c. 22, s. 5.

F

Forging wills, &c.; felony, death.

Forging bills

of exchange, notes, drafts, promissory receipts,

orders, &c.,

or uttering such ; felony.