being convicted thereof shall be liable to be kept in penal servitude for life. . . . [This section re-enacts 1 W. 4, c. 66, s. 5.]

32 & 33 Vict. c. 102 (Metropolitan Board of Works Loans Act, 1869), s. 20.]-Any person who, with intent to defraud, makes any false entry in, or alters any word or figure in, any of the said books for transfers (of consolidated stock created by the Metropolitan Board of Works, or by the London County Council), or in any manner falsifies any of the said books, or makes any transfer of any consolidated stock, in the name of any person who is not the true owner thereof, shall be guilty of felony, and on conviction shall be liable to penal servitude for any term not exceeding fourteen years. . . [See ante, pp. 723, 742.]

Indictment for wilfully altering words and figures within 24 & 25 Vict. c. 98, s. 5.

Commencement as ante, p. 710]-feloniously did wilfully alter certain words and figures (" any word or figure "), that is to say [here set out the words and figures as they were before the alteration] in a certain book of account kept by the Bank of England, called a book, in which said book the accounts of the owners of certain stock, annuities, and other public funds, to wit, the [state the stock], which were then transferable at the Bank of England, were then kept and entered, by [set out the alteration, and the state of the account or item when so altered], with intent thereby then to defraud; against the form [as ante, p. 465].

Felony. See the precedent, ante, p. 745: 24 & 25 Vict. c. 98, s. 5.

This offence is not triable at quarter sessions. 5 & 6 Vict. c. 98, s. 1 (ante, p. 126).

Evidence.

Prove the alteration, as stated in the indictment, and the intent, as ante, p. 718.

Indictment for making a Transfer of Stock in the name of a Person not the Owner. (24 & 25 Vict. c. 98, s. 5, ante, p. 745.)

Commencement as ante, p. 710]-feloniously did wilfully make a transfer of a certain share and interest of and in certain stock and annuities ("stock, annuity, or other public fund") which were then transferable at the Bank of England, to wit, the share and interest of in the [state the amount and nature of the stock] in the name of one C. D., he the said C. D. not being then the true and lawful owner of the said share and interest of and in the said stock and annuities, or any part thereof, with intent thereby then to defraud; against the form [as ante, p. 465]. Felony. 24 & 25 Vict. c. 98, s. 5. See the precedent, ante, p. 745. This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126).

Evidence.

Prove the transfer as stated in the indictment, of transferable stock; prove that the person in whose name it was made was not the true owner, and prove the intent, as ante, p. 718.

CLERKS TO THE BANK, ETC., MAKING OUT FALSE DIVIDEND WARRANTS.

Statutes.

24 & 25 Vict. c. 98 (Forgery Act, 1861), s. 6.]-Whosoever, being a clerk, officer, or servant of, or other person employed or intrusted by the Bank of England, or the Bank of Ireland, shall knowingly make out or deliver any dividend warrant, or warrant for payment of any annuity, interest or money, payable at the Bank of England or Ireland, for a greater or less amount than the person on whose behalf such warrant shall be made out is entitled to, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for any term not exceeding seven years. [This section is taken from 1 W. 4, c. 66, s. 9, with the additions in italics.]

32 & 33 Vict. c. 102 (Metropolitan Board of Works Loans Act, 1869), s. 21.]-Any person who, being a clerk, officer, or servant of, or employed by the board (i.e., the Metropolitan Board of Works, now the London County Council), or the persons or body corporate, who keep the books for transfer of consolidated stock (created by the Metropolitan Board of Works or London County Council), does, with intent to defraud, make out or deliver any stock certificate, dividend warrant, or document for the payment of money in relation to any consolidated stock (created by the Metropolitan Board of Works or London County Council), for a greater or less amount than the person on whose behalf such certificate, warrant, or document is made out is entitled to, shall be guilty of felony, and shall be liable, on conviction, to be kept in penal servitude for any term not exceeding seven years. [And see ante, pp. 723, 742, 746.]

... •

Indictment. (24 & 25 Vict. c. 98, s. 6.)

Commencement as ante, p. 710]-then being a clerk ("clerk, officer, or servant") of the Bank of England [or being employed and intrusted by the Bank of England], feloniously did knowingly make out and deliver to one J. N. a certain dividend warrant for a greater (" greater or less") amount than the said J. N. was then entitled to, to wit, for the sum of five hundred pounds: whereas, in truth and in fact the said J. N. was then entitled to the sum of one hundred pounds only: with intent thereby then to defraud; against the form [as ante, p. 465].

Felony: Penal servitude for not more than seven nor less than three years, or imprisonment with or without hard labour for not more than two years. 24 & 25 Viet. c. 98, s. 6; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2 (ante, p. 235). As to requiring the offender to enter into recognizances and find sureties for keeping the peace, 24 & 25 Vict. c. 98, s. 51 (ante, p. 709).

This offence is not triable at quarter sessions. 5 & 6 Vict. c. 38, s. 1 (ante, p. 126).

Evidence.

Prove that J. S. was a clerk or servant of the Bank of England (see ante, p. 344); produce the warrant, and prove it to be the prisoner's handwriting; show the amount of stock to which J N. was entitled, and prove the intent, as directed ante, p. 718.

FORGING, ETC., STOCK CERTIFICATES OR COUPons.

Statutes.

26 & 27 Vict. c. 73 (India Stock Certificate Act, 1863), s. 13.]-Whosoever shall forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any India stock certificate or coupon, or any document purporting to be any India stock certificate or coupon, issued in pursuance of this Act, or shall demand or endeavour to obtain or receive any share or interest of or in India stock, or to receive any dividend or money payable in respect thereof by virtue of any such forged or altered certificate or coupon, or document purporting as aforesaid, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life. [And see ante, p. 741.]

...

33 & 34 Vict. c. 58 (Forgery Act, 1870), s. 3-Forgery of stock certificates, etc.]-If any person forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any stock certificate or coupon, or any document purporting to be a stock certificate or coupon, issued in pursuance of Part V. of The National Debt Act, 1870 [33 & 34 Vict. c. 71] or of any former Act, or demands or endeavours to obtain or receive any share or interest of or in any stock as defined in The National Debt Act, 1870, or to receive any dividend or money payable in respect thereof, by virtue of any such forged or altered certificate or coupon, or document purporting as aforesaid, knowing the same to be forged or altered,-with intent in any of the cases aforesaid to defraud, he shall be guilty of felony, and being convicted thereof shall be liable... to be kept in penal servitude for life. . . .

Sect. 6-Forgery of certificates of transfer of stock from England to Ireland, etc.]-If any person forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any certificate or duplicate certificate required by Part VI. of The National Debt Act, 1870 [33 & 34 Vict. c. 71], or by any former like enactment, with intent in any of the cases aforesaid to defraud, he shall be guilty of felony, and being convicted thereof shall be liable. . . to be kept in penal servitude for life. . . .

40 & 41 Vict. c. 59 (Colonial Stock Act, 1877), s. 21.] The Forgery Act, 1870, shall apply to a stock certificate and a coupon issued in pursuance of this Act, and to colonial stock to which this Act applies, in like manner as if the same were a stock certificate, coupon or stock mentioned in that Act. [For the rest of this section, see ante, p. 743.]

54 & 55 Vict. c. 69, s. 1—Minimum term of penal servitude and term of imprisonment.Ante, p. 235.

5 & 6 Vict. c. 38, s. 1-Offence not triable at quarter sessions.]-See ante, p. 126. Indictment, etc.

Indictments under these sections can be framed on the precedents, ante, pp. 743-745.

FORGERY OF DEBENTURES.

Statute.

24 & 25 Vict. c. 98 (Forgery Act, 1861), s. 26.]-Whosoever shall fraudulently forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or fraudulently altered, any debenture issued under any lawful authority whatsoever, either within her Majesty's dominions or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable. . . to be kept in penal servitude for any term not exceeding fourteen years. · [As to origin and form of this section, see Greaves, Crim. Law Cons. Acts (2nd ed.), 287. An indictment can be framed from the precedent, ante, p. 726.]

54 & 55 Vict. c. 69, s. 1—Minimum term of penal servitude and term of imprisonment.]—Ante, p. 235.

FORGERY OF SHARE WARRANTS, ETC.

Statute.

30 & 31 Vict. c. 131 (Companies Act, 1867), s. 34.]-Whosoever forges or alters, or offers, utters, disposes of, or puts off, knowing the same to be forged or altered, any share warrant or coupon, or any document purporting to be a share warrant or coupon, issued in pursuance of this Act, or demands or endeavours to obtain or receive any share or interest of or in any company under the principal Act (Companies Act, 1862, 25 & 26 Vict. c. 89), or to receive any dividend or money payable in respect thereof by virtue of any such forged or altered share warrant, coupon, or document purporting as aforesaid, knowing the same to be forged or altered with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and being convicted thereof shall be liable .. to be kept in penal servitude for life. . . . [An indictment can be framed from the precedent, ante, p. 743.]

Sect. 35-Personation.]-See post, p. 771.

Sect. 36-Engraving or possessing plates for forgery, etc.]--See post,

p. 765.

5 & 6 Vict. c. 38, s. 1—Offence not triable at quarter sessions.]-See ante, p. 126.

54 & 55 Vict. c. 69, s. 1—Minimum term of penal servitude and term of imprisonment.]—Ante, p. 235.

PURCHASING OR RECEIVING, ETC., FORGED BANK-NOTES, ETC.

Statute.

24 & 25 Viet c. 98 (Forgery Act, 1861), s. 13.]-Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party

accused), shall purchase or receive from any other person, or have in his custody or possession any forged bank-note, bank bill of exchange, or bank post-bill, or blank bank-note, blank bank bill of exchange, or blank bank post-bill, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable... to be kept in penal servitude for any term not exceeding fourteen years. [This section re-enacts 1 W. 4, c. 66, s. 12.]

Indictment.

...

Central Criminal Court, to wit:-The jurors for our lord the King upon their oath present, that J. S., on the first day of June, in the year of our Lord (in the parish of in the county of), and within the jurisdiction of the said court, feloniously, and without lawful authority or excuse, had in his custody and possession ("purchase or receive from any person or have in his custody or possession") five forged bank-notes ("any forged bank-note, bank bill of exchange, or bank post-bill, or blank bank-note, blank bank bill of exchange, or blank bank post-bill") for the payment of ten pounds each, the said J. S. then well knowing the said several bank-notes and every of them to be forged; against the form [as ante, p. 465].

Felony: penal servitude for not more than fourteen and not less than three years, or imprisonment, with or without hard labour, not exceeding two years. 24 & 25 Vict. c. 98, s. 13; 54 & 55 Vict. c. 69, s. 1, sub-ss. 1, 2 (ante, p. 235). As to requiring the offender to enter into recognizances and find sureties for keeping the peace, 24 & 25 Vict. c. 98, s. 51 (ante, p. 709).

Evidence.

Prove that the defendant had in his possession the bank-notes set out in the indictment, or one of them; and prove the notes to be forgeries, as directed ante, pp. 712, et seq. The Act says, "in his possession or custody;" which, by a subsequent section (45, ante, p. 706), is interpreted to mean, in his personal custody or possession, or knowingly and wilfully in the actual custody and possession of any other person, or knowingly and wilfully in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether it be had for his own use or for the use or benefit of another. See R. v. Rowley, R. & R. 110: Brooks v. Warwick, 2 Stark. (N. P.) 389; 20 R. R. 697. These several species of custody or possession are by the statute to be deemed and taken to be his custody and possession within the meaning of the Act: and therefore it is unnecessary to describe the custody and possession otherwise than as in the above precedent. As to the defendant's knowledge that the notes found upon him were bad, it can be proved by circumstantial evidence only. (See ante, pp. 303, 308, 340.) After proof that the defendant had in his possession forged notes, the proof of lawful authority or excuse lies upon the defendant. 24 & 25 Vict. c. 98, s. 13. As to the meaning of lawful authority or excuse, see Dickins v. Gill [1896] 2 Q. B. 310; 18 Cox, 384: R. v. Harvey, L. R. 1 C. C. R. 284; 40 L. J. (M. C.) 63; 11 Cox, 662.