The definition. Its innovations. about the kinds of property which are the subjects of larceny, and with those which arise out of the obscure doctrine of possession. The definition is "To steal is unlawfully, and with intent to defraud, by taking, by embezzlement, by obtaining by false pretences, or in any other manner whatever to appropriate to the use of any person any property whatever, real or personal, in possession or in action, so as to deprive any other person of the advantage of any beneficial interest at law, or in equity, which he may have therein." This definition "would include a great variety of fraudulent breaches of trust, many of which are now unpunished, or are punished, if at all, by special enactments, the construction of which is doubtful." The chief points in which it differs from the existing law are two: (a) "It takes, as the test of criminality, an intention to defraud at the time of appropriation of the property, and not at the time of its asportation." It is obvious that the moment of appropriation is the really critical time. (b) "It views, as the subject-matter of larceny, the beneficial interest of the proprietor, and not his specific right of possessing a specific thing." Thus the temporary use of an article would be as much the subject of larceny, if obtained with the intent to defraud, as the absolute permanent deprivation. CHAPTER V. FORGERY. FORGERY may be described, in general terms, as the Forgery The statute law on this subject is chiefly contained in one of the Consolidated Acts of 1861-The Forgery and False Personation Act (o). These laws are not careful to bring themselves within the compass of any definition; and they frequently deal with offences which do not strictly fall under the principal heading. Thus, in the Forgery Act we shall find noticed many offences which, "though not amounting to forgery, facilitate, or are steps towards the commission of that crime, or are of a somewhat similar nature." It may be premised that forgery is very closely allied Forgery and to obtaining by false pretences (p). Indeed, "if there false pretences. were no special provisions on the subject, many cases of forgery would be punishable as cases of obtaining goods or money by false pretences " (q). It is needless to say that forgery is treated as a much more serious crime than false pretences. We shall in the first place notice with what instru (n) v. 2 East, P. C. 991; 4 Bl. 247. (0) 24 & 25 Vict. c. 98. When merely a section is quoted in this chapter it must be understood to be a section of this statute. (p) v. p. 234. (9) Fitz. St. 141. Needless verbosity of the Forgery Act. Instruments the Forgery Act enumerated. ments the statute deals, and what are left to the punishment at common law; and then examine the nature of the crimes which may be committed with regard to these instruments. The statute is a model of excessive and needless intricacy. It consists of fifty six sections of which about half are merely enumerations of particular classes of instruments which it is felony to forge. Inasmuch as in almost every case the punishment is the same "the greater part of the law is perfectly needless, and might be condensed into one section as follows: Whosoever maliciously, and for the purpose of fraud or deceit, shall forge anything written, printed, or otherwise made capable of being read, or utter any such forged thing, knowing the same to be forged, shall, upon conviction, be sentenced to penal servitude for life, or for any term not less than three (r) years, or to imprisonment, with or without hard labour, for any term not exceeding two years (8). But as we are concerned with the law as it is, not as dealt with in it might be, it will be our task to enumerate the classes of instruments, the forging, or altering, or the offering, uttering, disposing, of or putting off (knowing the same to be forged or altered) of which is a felony. In each case, unless otherwise specified, the punishment is that indicated above, viz., penal servitude from five years to life, or imprisonment not exceeding two years. The Great Seal of the United Kingdom; the Queen's Privy Seal; her Royal Sign Manual, &c.; and documents to which any of these are attached (sect. 1). Transfer of stock, power of attorney, &c. (sect. 2). (r) Now five. Attestation to a power of attorney, &c. Maximum of penal servitude, seven years (sect. 4). False entry or alteration in the books of the public funds (sect. 5). False dividend-warrant by employés of Bank of England or Bank of Ireland. Maximum, seven years (sect. 6). East India bonds (t) (sect. 7). Exchequer bills, bonds, or debentures (u) (sect. 8). Bank notes, bills, &c., or indorser's assignment thereof (sect. 12). Deeds, bonds, assignments of bonds, or names of attesting witnesses (sect. 20). Wills, codicils, &c. (sect. 21). Bills of exchange, or any acceptance, indorsement, or assignment thereof; promissory notes, or any indorsement or assignment thereof (x) (sect. 22). Undertakings, warrants, orders, receipts, &c., for payment of money, delivery or transfer of goods, &c. (sect. 23). Obliterating or altering crossings on cheques (sect. 25). Debentures. Maximum, fourteen years (sect. 26). Proceedings of courts of record or equity, &c. Maximum, seven years (sect. 27). False copies or certificates of record by an officer of (t) For statutes dealing with forgery of other East India Securities, v. Arch. 655. (u) See also 29 & 30 Vict. c. 25, s. 15. Also metropolitan bills by 41 & 42 Vict. c. 37, s. 20. (x) v. s. 24 as to making, accepting, &c., any bill, note, &c., by procuration or otherwise, for any other person, without authority; or uttering the same knowing it to have been so made, &c. The punishment is penal servitude to the extent of fourteen years. Forgeries dealt with in other statutes. the court; so also for any other person to use such false process. Maximum, seven years (sect. 28). Instruments made evidence by statute. Maximum, seven years (sect. 29). Court roll, or copy thereof, relating to copyhold estates (sect. 30). Certificates and other writings relating to the registry of deeds. Maximum, fourteen years (sect. 31). Summons, conviction, order or warrant of magistrates. Maximum, five years (sect. 32). Name of Accountant-General of Chancery (y). Maximum, fourteen years (sect. 33). Licence or certificate of marriage. Maximum, seven years (sect. 35). Register of births, baptism, deaths, marriages, burials (z), &c. (sect. 36). Making false entries in copies of registers sent to registrars (sect. 37). In addition to the above-mentioned instruments, &c., the forgery of which is dealt with in the Forgery Consolidation Act, there are other cases provided for by many statutes too numerous to notice. One or two of the more important are the following: Stock certificates or coupons, &c., issued by the Bank of England for the payment of interest of national debt (33 & 34 Vict. c. 58, s. 3, v. also sect. 6). Inland Revenue stamps (33 & 34 Vict. c. 98, s. 18). (y) Now Paymaster-General, 35 & 36 Vict. c. 42, s. 12. (2) Destroying, injuring the above, and other offences connected with the same subject are also dealt with in this section. |