66 66 66 "assayers, or by any maker or worker of gold or silver plate, or any or either of them; or shall sell, exchange, or expose to "sale, or export out of this kingdom, any wrought plate of gold or silver, or any vessel of such base metal as aforesaid, with any such forged or counterfeit mark, stamp, or impression "thereon, or any mark, stamp, or impression which hath been or shall be transposed or removed from any other piece of plate at any time either before, on, or after the said 5th of July; knowing such mark, stamp, or impression to be forged, "counterfeited, or transposed or removed as aforesaid, or shall wilfully and knowingly have or be possessed of any mark or stamp which hath been or shall be forged or counterfeited at "any time, either before, on, or after the said 5th July, in imita"tion of or to resemble any mark or stamp used or to be used "as aforesaid by the said company of goldsmiths in London, or by the said wardens or assayer or assayers, or by any maker or "worker of gold or silver plate, or any or either of them; every "such person offending in any, each, or either of the cases "aforesaid, being thereof lawfully convicted, shall be adjudged "guilty of felony, &c. without benefit of clergy." 66 66 66 The same provisions are re-enacted with respect to the duty mark of the king's head, imposed by the st. 24 Geo. 3. st. 2. c. 53. s. 16. including such mark imposed by the company of goldsmiths in Edinburgh, as well as London; and by the Birmingham or Sheffield company, as well as by the wardens and assayers at York, &c.; and referring to the 1st July, 1784, instead of the 5th July, 1758. Then the st. of 38 Geo. 3. c. 69. by which gold wares were allowed to be manufactured of a lower standard than was before allowed, viz. at the standard of 18 instead of 22 carats in a pound troy, enacts, s. 7. "That from and "after the 1st day of October, if any person shall forge, cast, or "counterfeit, or cause or procure to be forged, &c. the mark or stamp used or directed to be used in pursuance of this act "(viz. 38 Geo. 3.) for the marking or stamping of gold plate by "the company of goldsmiths in London or Edinburgh, or the "Birmingham or Sheffield company, or by the wardens, or as"sayer or assayers at York, Exeter, Bristol, Chester, Norwich, "or Newcastle upon Tyne, or any or either of them, &c." and then follows, verbatim, the provisions of the former acts, except that it does not, as they do in general terms, extend to the makers and workers of gold plate, as well as to the companies and assayers before mentioned. And also that it varies the description of the wares therein named to "any wrought plate of 66 gold, or any wares of silver, brass, or other metal gilt over and resembling plate of gold." And then, instead of making the offence capital, it concludes," that every such person offending " in any such or either of the cases aforesaid, being thereof law"fully convicted, shall be adjudged guilty of felony, and shall be transported for seven years.' It is singular (Mr. East observes) that when this subject was under the review of the legislature, and the punishment of the offences under this act limited to transportation, offenders, ejusdem ejusdem generis, under the former act, should be left subjected to capital punishments. (2 East, P. C. 8292.) By st. 10 Anne, c. 19. s. 17. which directs the commissioners of customs to provide certain seals or stamps for imported linens, Linens and caand the commissioners for managing the duties on silks, calicoes, licoes. linens, and stuffs, to be printed or dyed in Great Britain, to provide other seals or stamps for marking the same, enacts," That “if any person shall forge or counterfeit any stamp or seal to "resemble any stamp or seal which shall be provided or made. "in pursuance of this act, or shall counterfeit or resemble the "impression of the same upon any of the commodities charge"able by this act, thereby to defraud her majesty, &c. of any of "the said duties hereby granted, every person so offending, "being thereof convicted in due form of law, shall be adjudged "a felon without benefit of clergy." And a penalty of 100l. and the pillory is inflicted on any person selling any of the articles knowingly, with a forged seal or stamp. By various other statutes, duties are imposed upon printed calicoes, stained paper, leather, imported lace, &c. which are directed by the respective acts to be sealed or stamped, to denote the payment of the duties, by seals, &c. to be provided by the respective commissioners under whose direction the management is placed. For the offence of transposing stamps from one piece of plate to another, see, post, Offences against the Revenue. It has been held, that if the indictment charge the stamp to be a lion rampant, and the stamp produced in evidence be a lion. passant, it is a variance and does not support the indictment.. (Lee's case, C. C. L. 323.) 5. Official Papers, Securities, and Documents. Testimonial of a Justice of the Peace. testimonials. + Sect. 1. By 39 Eliz. c. 17. s. 3. it is enacted, "That every Wandering sol"idle and wandering soldier or mariner which coming from his diers and ma"captain from the seas, or from beyond the seas, shall not have riners shall have "a testimonial under the hand of some one justice of the peace, "of or near the place where he landed, setting down therein the "place and time when and where he landed, and the place of his "dwelling or birth, unto which he is to pass, and a convenient "time therein limited for his passage, or having such testimonial 66 feit a testimo nial. "shall wilfully exceed the time therein limited, above fourteen It shall be felodays: and also as well every such idle and wandering soldier ny to counter"or mariner as every other idle person wandering as soldier or fe “mariner, which shall at any time hereafter forge or counterfeit "any such testimonial, or have with him or them any such testi"monial forged or counterfeited as aforesaid, knowing the same " to be counterfeited or forged; in all these cases every such act " or acts to be felony, and the offenders to suffer as aforesaid, "without any benefit of clergy." 66 + Sect. 2. By 39 Eliz. c. 17. s. 4, it is further enacted, "That Justices of assize may hear and offences. 66 66 and gaol-delive-❝ it shall be lawful for the justices of assizes, justices of gaolry and peace delivery, and the justices of peace of every county, and for all determine these "justices of peace in towns corporate, having authority to hear "and determine felonies, to hear and determine all such offences "in their general sessions, and to execute the offenders which "shall be convicted before them, as in cases of felony is accus"tomed; except some honest person valued at the last subsidy "next before the time to ten pounds in goods, or forty shillings in lands, or else some honest freeholder, as by the said justices "shall be allowed, will be contented before such justices as such person shall be arraigned of felony, to take him or them into "his service for one whole year, then next following, and then "before the said justices will be bound by recognizance of ten pounds, to be levied of his lands, goods, tenements, and chat"tels, to the use of our sovereign lady the queen, if he keep not "the said person or persons for one whole year, and bring him to "the next sessions for the peace and gaol-delivery next ensuing "after the said year; and if any such person retained depart "within the year, without the licence of him that so retained "him, then to be indicted, tried and adjudged as a felon, and "not to have the benefit of his clergy." Taking the of fender into ser vice for a year. 66 This severe law, though it remains unrepealed upon the statute book, has long been obsolete. And by st. 43 Geo. 1. c. 61. it is enacted, "That every soldier or marine duly discharged out of "his majesty's service, or out of any ship of the royal navy, carrying his discharge within three days to the chief magistrate of "the nearest town to the place where he was discharged, shall "receive from such magistrate a certificate stating the place to "which he is desirous of going, being his home, or place of legal settlement, limiting the time according to distance; upon "the production of which certificate he shall not be deemed a va"gabond for asking alms or relief on the road." 6. Official Documents. Memorial of Deeds or Wills of Land. By 2 and 3 Anne, c. 4. entitled, "An act for the public registering of all deeds, conveyances, and wills, of any honors, manors, lands, tenements, hereditaments, within the west riding of the county of York, after the 29th September, 1704," it is directed that a memorial of all such shall be registered in a certain manner at Wakefield, and that the registrar shall indorse a certificate of such registry on every such deed, &c.; and by s. 19. it is enacted, "That if any person or persons shall at any time forge or counterfeit any such meino"rial or certificate, and be thereof lawfully convicted, such person or persons shall incur and be liable to such pains and penalties as by 5 Eliz. c. 14. are imposed upon persons for forging or publishing of false deeds, charters, or writings sealed, "court rolls, or wills, whereby the freehold or inheritance of any person or persons of, in, or to any lands, tenements, or "hereditaments, shall or may be molested, troubled, or charged." The st. 5 Anne, c. 18. directs that all bargains and sales of 66 66 any any manors, lands, tenements, and hereditaments, within the west riding of the county of York, shall be registered at Wakefield, and indorsed by the registrar; that the inrolment of every such deed shall be deemed a memorial pursuant to 2 and 3 Anne, c. 4.; and by s. 4. no judgment, statute, or recognizance shall bind any manors, lands, &c. but only from the time a memorial thereof shall be registered in the office; then s. 8 subjects to the same punishment as the statutes 2 and 3 Anne, c. 4. any person or persons who shall forge or counterfeit any entry of the acknowledgment of any bargainer in any such bargain and sale as aforesaid, or any such memorial, certificate, or indorsement, as are therein mentioned or directed, being thereof lawfully convicted. The st. 8 Geo. 2. c. 6. s. 31. extends the provisions of both statutes to the north riding of the same county. 66 The st. 7 Anne, c. 20. directs the like registry of deeds, conveyances, wills, and other incumbrances, affecting honors, manors, lands, tenements, or hereditaments, in Middlesex, as in 2 and 3 Anne, c. 4.; and directs certificates to be indorsed on such memorials, and on the deeds, &c. registered; and then by s. 15. enacts," That if any person or persons shall at any time forge or counterfeit any entry of the acknowledgment of any "such memorial, certificate, or indorsement, and be thereof law"fully convicted, such person or persons shall incur and be liable "to such pains and penalties as by 5 Eliz. c. 14. are imposed on persons forging and publishing false deeds, &c. whereby the "freehold or inheritance of any person of, in, or to any lands, "tenements, or hereditaments shall or may be molested, troubled, " or charged." 66 " Documents relating to Suitors in the Court of Chancery. effects in the out benefit of + Sect. 18. By 12 Geo. 1. c. 32. s. 9. it is enacted, "That Forging the if hand of the aeany person or persons shall forge or counterfeit, or procure countant to a "to be forged or counterfeited, or willingly act or assist in the certificate to forging or counterfeiting the name or hand of the said ac- receive suitors' "countant-general, the said register, the said clerk of the report bank, or any "office, or any of the cashiers of the said governor and company East India or "of the bank of England, to any certificate, report, entry, in- South Sea bond, "dorsement, declaration of trust, note, direction, authority, is felony with"instrument or writing whatsoever, for or in order to the clergy. receiving or obtaining any the money or effects of any of the "suitors of the said court of chancery, or shall forge or counterfeit, or procure to be forged or counterfeited, or wilfully act or "assist in forging or counterfeiting any certificate, report, entry, "indorsement, declaration of trust, note, direction, authority, "instrument or writing in form of a certificate, report, entry, "indorsement, declaration of trust, note, direction, authority, "instrument or writing, made by such accountant-general, "register, clerk of the report-office, or any of the cashiers of the "said governor and company of the bank of England, or any "bond or obligation under the common seal of the united "company of merchants of England trading to the East Indies, " or any indorsement or assignment thereon, or on any bond or obligation under the common seal of the governor and com"pany 46 VOL. I. U 290 Gibson's case, "6 pany of + Sect. 19. It hath been decided, that forging an office copy Cases C. L. 58. the accountant-general's certificate, is within the penalty of the above statute. Receiver of Prefines. By 32 Geo. 2. c. 14. which directs the receiver of the prefines at the alienation-office to receive the post-fine at the same time on every writ of covenant sued out for the passing of fines in C. B., and to indorse the receipt of the same thereon with his "If any person or name and mark of office, it is enacted (s. 9.), persons, after the first day of Trinity Term, 1759, shall make, forge, or counterfeit, or cause or procure to be made, forged, or counterfeited, the mark or hand of such receiver as afore"said, whereby such receiver, or any other person or persons, "shall or may be defrauded or suffer any loss thereby, every person or persons convicted of such offence shall be deemed guilty of felony, without benefit of clergy." This is again reenacted by 52 Geo. 3. c. 143. s. 5. Certificates of Births, Marriages, &c. By sect. 52 Geo. 3. c. 146. for better regulating and preserving parish and other registers of births, baptisms, marriages, and burials in England, it is enacted, s. 14. "That if any person "shall knowingly or artfully insert, or cause or permit to be "inserted, in any such register book of such baptisms, burials, "or marriages as aforesaid, or in any such copy of any such "register so directed to be transmitted to the registrars as afore"said, or in any such lists or declarations also directed to be "transmitted to such registrars as aforesaid, any false entry of "any matter or thing relating to any baptism, burial, or marriage, "or shall falsely make, alter, forge, or counterfeit, or cause or procure, or artfully permit to be falsely made, &c. any part of "any such register, list, or declaration, or of any such copy of "any such register; or shall wilfully destroy, deface, or injure, " or cause, or procure, or permit, to be destroyed, &c. any such "register book, or any part thereof; or shall knowingly and wilfully sign or certify any copy of any such register hereby "required to be transmitted as aforesaid, which shall be false in "any part thereof, knowing the same to be false; every person "so offending, and being thereof lawfully convicted, shall be "deemed and adjudged to be guilty of felony, and shall be " transported for the term of fourteen years." 66 66 Mediterranean Passes. By existing treaties between this country and the Barbary States, British vessels producing a pass in a certain form are to pass |