45 All paper upon the face of which there is a mark resembling the stamp required by the 23 Geo. III. c. 49. imposing a duty on receipts, shall be considered as paper liable to the duties, Holland Palmer's case, 352

46 Forgery, with intent to defraud "the Stewards of the feast of the Sons

of the Clergy," is within the statutes which make forgery a capital offence, although this is to the injury of a private society, and those statutes apply only to the defrauding of individuals and corporate bodies, Jones and Palmer's case...366 47 So if a person employed by the executors of a public accountant to settle the accounts of the testator with Government, procure fabricated vouchers, and deliver them to the Navy-Office, in order to exonerate the estates of the testator from an extent, it is a forging and uttering receipts within 2 Geo. II. c. 25, Thomas's case ......... 877 48 A bill of exchange drawn for less than the sum and not in the form required by the statute 17 Geo. III. c. 30. cannot be the subject of a capital forgery, Rex v. Moffatt,

431

49 A person who has been long known by an assumed name, and who afterwards, for the purposes of concealment, takes his real name, and in his real name draws a bill of exchange, is not guilty of forgery, although the bill was drawn and uttered for the purposes of fraud, the

54 It must appear in an indictment for forging an order for the delivery of goods, that the person whose name purports to be forged to it, had an authority to make such an order as the forged order purports to be; and therefore if it appear that he was servant of the owner, it must be alleged that he, as such servant, had authority to make such order, Clinch's case..... .............540 55 An indictment for forging a bill

of exchange, stating that it purported to be directed to John King, by the name and description of John Ring, is bad, Reading's case.... 590 56 In an indictment for forgery, the instrument charged to be forged must be set out, that the Court may see whether it is an instrument within the statutes against this offence, Lyon's case......... 597 57 The name of the holder of a Na

vy-bill, signed on a proper receipt

stamp, and affixed to the Navy-bill, does not of itself purport to be a receipt for money within the statutes 2 Geo. II. c. 25. and 7 Geo. II. c. 22.; but as the money is paid on such signature, and it has always been considered a receipt at the Navy-Office, it may, by proper averments, be brought within the above statutes, as a receipt for money, Hunter's case ........624

58 And on the authority of Hunter's case, an indictment for forging the word "settled", at the bottom of a bill of parcels, importing that the bill had been paid, was held bad, because it did not shew, by proper averments, that the word "settled" purported to be a receipt; though the Stamp-Act, 35 Geo. III. c. 55. s. 7. enacts, that every writing or memorandum denoting that any debt has been paid or settled shall be deemed and taken to be a receipt, Thompson's case......910, 911

62 So an indictment for forging a scrip receipt, signed "C. Olier," stating that it purported to be signed by Christopher Olier, is bad, Reeves's case.. ....808

63 An indictment for forging a transfer of stock is good, although the stock had never been accepted by the person in whose name it stood, and although the transfer was not witnessed according to the rules and directions of the Bank, Gade's case, 732

64 If a person authorize another to sign a note in his name, dated at a particular place, and made payable at a banker's, and the person in whose name it is drawn represent it to be the name of another person, with intent to defraud, and no such person as the note and the representation import, exist, this is forgery, Parkes's case.. ...775

ceived, W. Wilson," the indictment which set forth the bill, and averred the forgery to be a receipt for the said sum, without averring that the writing forged together with the bill purported to be, or was, a receipt, was held good, Taylor's case,

215

61 An indictment for forging a bill of exchange, directed to Ransom, Moreland and Hammersley, stating that it purported to be directed to Kinnaird, Moreland and Hammersley, by the names and description of Ransom, Moreland and Ham

2 Fraud consists in obtaining valuable property from the possession of another, with his consent, by means of false pretences, or some other artful device, against the subtlety of which, common prudence and caution are not sufficient safeguards, Bazeley's case.......835 3 By 33 Hen. VIII. c. 1. to obtain money, goods, chattels, jewels, or other things, by means of any false privy token, or counterfeit letter, in any other person's name, is punishable by imprisonment, pillory, or

other corporal punishment short of death, Mason's case........492, 506 4 A check on a banker, given by a person who knows it will not be paid, is a false token within this statute, Jackson's case...656, notis.

5 By 30 Geo. II. c. 24. to obtain money, goods, wares or merchandises, with intent to cheat and defraud, by any false pretence or pretences, is punishable by fine, imprisonment, whipping, or transportation, Mason's case.........487

6 By 52 Geo. III. c. 64. the 30 Geo. II. c. 24. is extended to any bond, bill of exchange, bank-note, promissory note, or other security for payment of money, or any warrant or order for payment of money, or delivery or transfer of goods or other valuable thing......487, notis.

7 The above statutes are confined to cases where goods are obtained in other men's names, either by false tokens, or by counterfeit letters, or by false pretences, but do not extend to cases where a man gets goods on his own account, with an intention to steal them...499, notis. 8 To constitute fraud, the property obtained, whether by means of a false token or a false pretence, must be parted with absolutely by the owner, for if the possession only be parted with, and that possession be obtained by fraud, &c. it will be felony........ .......1066

9 Therefore, when Atkinson sent Dale with a letter written in the name of Broad, without his authority, to one Dunn, soliciting the loan of £3 for a few days, and Dunn sent the money in a letter to Broad, which Dale delivered to Atkinson; it was held that this was fraud, and not felony, for Dunn believing the request to have been made by his friend Broad, had parted with the property, and not with the posses

sion only, Atkinson's case.....1066,

notis.

Same point, Nicholson's case.....610 10 An indictment for a fraud in obtaining money under false pretences, must set out the false pretences, Rex v. Mason............487 11 But if the false pretences be stated, and the truth of them negatived, it is sufficient, though it is not averred that the offender falsely pretended, Airey's case...493, notis. 12 Qu. Whether on the finding of a jury, that a person unlawfully obtained and converted the goods of a tradesman, under a false pretence of being sent for them by a customer, the offence be fraud or felony, Cockwaine's case............498 13 On 30 Geo. II. c. 24. there must be an obtaining by a false pretence, with an intention to defraud; but the pretence may relate to a future transaction; and if made by one in the presence of and in concert with others, they may all be included jointly in the same indictment, Young's case....... ...........505

14 To utter a forged note, appearing like, but different from a banknote, under a false representation of its being a good bank-note, is a fraud, and not a forgery, Jones's ..204

case...

1 Property affixed to the freehold is not at common law the subject of larceny, if severed and carried away at the same time..................319

2 But to remedy this inconvenience, the 4 Geo. 2. c. 32. makes it felony to steal, rip, cut, or break, with intent to steal, any lead, iron bar, iron grate, iron pallisadoes, or iron rail, fixed to any dwelling-house, coachhouse, stable, or other building used or occupied with such dwellinghouse, or thereto belonging, or to any building whatsoever, or fixed to any garden, orchard, court-yard, or outlet belonging to any dwelling-house or other building......319 3 By 21 Geo. 3. c. 68. to steal, rip, cut, break or remove, with intent to steal, any copper, brass, bell-metal, utensil or fixture, fixed to any dwelling-house, out-house, coach-house, stable, &c. or fixed in any garden, &c. is punishable by transportation,

593

4 Writings concerning the realty (as a commission to settle the boundaries of a manor) are constructively adherent to the freehold, and therefore cannot be the subject of larceny at common law, though perhaps the offender may be indictable under 8 Hen. VI. c. 12. s. 3. and therefore may be a subject of larceny, Westbeer's case...............12 5 The sashes of windows put into

9

318

8 A casement is not a fixture to the freehold within the statutes of the 4 Geo. II. c. 32. or 21 Geo. III. c. 68. John Senior's case............496 Stealing lead from a house of which the offender had fraudulently procured a lease, the more colourably to strip it of its fixtures, is felony within 4 Geo. II. c. 32. as a fixture to the freehold, Munday's case...991

G.

GAOL DELIVERY.

1 Justices of gaol delivery have, by the common law, as well as by the express words of the commission, a jurisdiction in high treason, which is confirmed by 1 Edw. VI. c. 7............ ........158

2 But justices of gaol delivery have no power to bail, or to discharge by proclamation, a prisoner in custody on a warrant by a secretary of state, for " high treason committed at "Savannah in the colony of Georgia in North America," Platt's .......157

case ......

3 For although the commission of gaol delivery is of high antiquity and extensive power, being next in order to the ancient commission of EYRE, and frequently issued during