III. c. 30. 8 2. for That one W. H., by the name and description of W. H. of On 33 Geo. York Street, Southwark, gentleman, on, &c. was possesed of and entitled unto a certain interest and share, to wit, fifty pounds in- forging a transfer of terest and share of, and in certain annuities transferable at the stock. (2) bank of England, and established by certain acts of parliament, that is to say, &c. [here the titles of the acts (a) were set out, but this seems unnecessary) And the jurors. &c. do further present, [*1053] that J. H. G. late of, &c. well knowing the premises, but being a person of a wicked mind and disposition, and unlawfully devising and intending to defraud and deceive the governor and company of the bank of England, heretofore, and whilst the said W. H. was as aforesaid so possessed and entitled unto the said interest and share of and in the said annuities, so as aforesaid tranferable at the bank of England, to wit, on the said, &c. with force and arms, at, &c. aforesaid, feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the falsely making, forging and counterfeiting a transfer of the said 50. interest and share of and in the said annuities, so as aforesaid transferable at the bank of England, with the name W. H. thereunto subscribed, purporting to have been signed by the said W. H. and to be a transfer of the said 50% interest, and share of and in the said annuities, so as aforesaid transferable at the bank of England, from the said W. H. unto one. W. W. of the Stock Exchange, gentleman, his executors, administrators or assigns, (b) the tenor of which said false, forged and counterfeited transfer is as followeth, that is to say, [here set forth the transfer verbatim.] with intent to defraud the governor and company of the bank of England, against the form of the statute, &c. and against the peace, &c. [Second count (z) This was the indictment against Gade, on which he was convicted. In this case it was decided that a party may be convicted of forging a transfer of stock, though the transfer was never witnessed nor had the stock ever been accepted, 2 Leach, 732. as to law, see general note, ante 1022*. to 1044*. and form of indictment ante 1039*. (a) Here the following acts were recited: 25 Geo. II. c. 27. 28 Geo. II. c. 15. 29 Geo, II. c. 7. 31 Geo. (b) The purport is better omit- Against a clerk of the south sea com pany for altering a pany for payment of an an for feloniously uttering and fublishing as true the said transfer. Third count like the first laying the intent to defraud W. H. Fourth count like the second laying the intent to defraud W. H. Fifth count like the first with intent to defraud W. W. Sixth count like the second, with intent to defraud W. W. Six other counts the same mutatis mutandis only charging that W. H. was possessed of, and entitled unto, a certain interest and share, to wit, fifty pounds interest and share of and in certain annuities transferable at the bank of England, commonly called consolidated three per centum annuities, &c. And six other counts, charging generally without mentioning to whom the stock belonged, and without reciting the statutes,] "That J. H. G. feloniously did falsely make for and counterfeit a certain transfer, to wit, a transfer of an interest and share, that is to say, fifty pounds interest and share of and in certain annuities transferable at the bank of England, commonly called consolidated three per cent annuities," and that he did utter and publish the same, &c. laying the intent as before. That one D. H. on, &c. and long before was, and still is one of the clerks of the governor and company of merchants of Great Britain, trading to the South Seas and other parts of America, * and for encouraging the fishery; and then and long before was, warrant of and hath ever since been entrusted and employed by the goversuch com. nor and company aforesaid, to make out and sign warrants or orders for the payment of money, payable by the said governor and company, to wit, at London, that is to say, at the parish of Saint Mary Outwich, in the ward of Broad street, in London aforesaid. And the jurors, &c. do further present, that H. P. late of, &c. on, &c. and long before and afterwards, was a clerk of the governor and company aforesaid, commonly called a pay-clerk, and entrusted and employed by the said governor and company to pay money for them, and on their behalf, upon and in discharge of warrants or orders for the payment of money, payable by the said governor and company, to wit, at, &c. aforesaid. And the jurors, &c. do further present, that the said H. P. on the said, &c. having in his custody and possession a certain warrant for the payment of money, nuity, by (c) (c) See a similar precedent, Cro. C. C. 7th Ed. 401. 8th Ed. 218. and see observations on this precedent, 2 Leach, 631*, 2, as to the law see general note, ante 1022 to 1044*. and as to form of indictment, ante 1039*. partly printed and partly written, signed by and under the hand of the said D. H. and directed to R. R. esquire, then and upon the said, &c. and long before being cashier to the governor and company aforesaid, for the payment of the sum of eight pounds to one W. D. therein named, for half a year's annuity on the sum of four hundred pounds interest, or share in the new joint stock of South Sea annuities therein mentioned, and which said warrant was then in the words, figures, cyphers and letters following, that is to say, &c. [here set out the warrant in its original state,] and on the back of which said warrant or order the said W. D. had signed his name as followeth, W. D., he the said H. P. afterwards, that is to say, on the said, &c. with force and arms, at, &c. aforesaid, the said warrant or order feloniously did alter, and cause to be altered, by then and there feloniously and falsely making, forging and adding the letter y to the eight, before written in the said warrant or order, whereby the words eight pounds, before written in the said warrant or order, with the said letter y, so falsely made and forged and added as aforesaid, became eighty pounds, and also by then and there feloniously and falsely making, forging and adding the cypher O to the figure and cyphers 400, before also written in the said warrant, or order, which figures and cyphers, with the letter £ next preceding them, did before such last-mentioned forgery and addition, import and signify four hundred pounds; but by reason and means of such last-mentioned forgery and addition, * did, together with the said cypher so [*1055] falsely made, forged and added as aforesaid, become, import and signify, four thousand pounds; and also by then and there feloniously and falsely making, forging and adding the cypher 0, to the figure 8, before written also in the said warrant or order, and which said last-mentioned figure with the letter £ preceding it, did, before such last-mentioned forgery and addition, import and signify eight pounds, but by reason and means of such last mentioned forgery and addition, did, together with the said last-mentioned cypher, so falsely forged and added, become, import, and signify eighty pounds, and which said warrant or order, so feloniously and falsely altered, and caused to be altered, is as follows, that is to say, [here set out the warrant in its altered state,] with intention to defraud the and governor company aforesaid, of the sum of seventy-two pounds, of lawful money of Great Britain, (d) against the peace, &c, and also (d) These words are omitted in 8th Ed. Cro. C. C. VOL. II. Second count against the form of the statute, &c. And the jurors, &c. do furfor utter ther present, that the said H. P., on the said, &c. having in his ing and custody and possession a certain false, forged, altered and counpublishing with a like terfeited warrant for the payment of money, partly written and intention. partly printed, purporting to be a warrant or order, under the hand of the said D. H. and directed to the said R. R. esquire, for the payment of the sum of eighty-pounds to one W. D. therein named, for half a year's annuity on the sum of four thousand pounds interest or share in the new joint stock of South Sea annuities therein mentioned, which said false, forged, altered, and counterfeit warrant, is in the words, figures, cyphers and letters following, that is to say, [here set forth the warrant in its altered state at length,] and on the back of which said false, forged, altered and counterfeited warrant or order is signed the name W. D., as a discharge under the hand of the said W. D. in the said false, forged, altered and counterfeited warrant, named of the said false, forged, altered and counterfeited warrant or order, he the said H. P. afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, with intention to defraud the governor and company of merchants of Great Britain trading to the South Seas, and other parts of America, and for encouraging the fishery, of another sum of seventy-two pounds, the said false, forged, altered and counterfeited warrant or order, did feloniously utter and publish as a true warrant, under the hand of the said D. H. for payment of the sum of eighty pounds to the said W. D. he the said W. P. at the time he so as aforesaid uttered and published the said false, forged, altered and counterfeited warrant or order, [*1056] well knowing the same to be false, forged, altered, * and counterfeited, against the peace, &c. and against the form of the statute, &c. [See other counts, Cro. C. C. 7th Ed. 405.] Indict ment for forging That J. G. late of, &c. after the first day of May, in the year of our lord one thousand seven hundred and twenty six, to wit, on, the hand &c. at, &c. aforesaid feloniously did forge and counterfeit, and writing of the clerk feloniously did procure to be forged and counterfeited, and feloof the re- niously did wilfully act and assist in the forging and counterfeitport office in chance. ing, a certain writing, in the form of a writing made by R. H. esq. then long before, and still being clerk of the report office, of office copy of the re- the high court of chancery of our said lord the king, situate at port of the the parish of St. Andrew Holborn, aforesaid, in the county aforegeneral of said, purporting to be an office copy of a report of T. A. esq. ry to an accountant the bank one of the on 12 Geo. First Second ed copy. then and long before, and still being the accountant general of certain monies, the said high court of chancery, of the sum of, &c. paid into the &c. paid bank of England, by W. H. gentleman, pursuant to an order of into the the said high court of chancery, and also an office copy of a cer- of Engtificate of B. S. then and before, and yet being one of the cashiers land, and office copy of the governor and company of the bank of England, for the of the cerpayment of the said sum, &c. into the bank of England, which tificate of said forged and counterfeit writing contained and still doth con- cashiers of tain therein as followeth, that is to say [set out a copy of the docu- the bank, ments.] with intention to defraud the said W. H. to the evil ex- II. c. 32. s. ample, &c. and against the peace, &c. and against the form of the 9. (e) statute, &c. And the jurors, &c. do further present, that the count for said J. G. after, &c. on, &c. with force and arms, at, &c. afore- forging. said, a certain other forged and counterfeit writing, in form of a count for writing, made by R. Ranisford, esq. then and long before and uttering and pubstill being clerk of the report office of the high court of chancery lishing of our said lord the king, at, &c. aforesaid, purporting to be an such forgoffice copy of a report of T. A. esq. then and long before, and still being the accountant general of the said high court of chan cery, of the sum of, &c. being paid into the bank of England, by the said W. H. pursuant to an order of the high court of chancery. And also an office copy of a certificate of B. S. then and long before, and yet being one of the cashiers of the governor and company of the bank of England, of the payment of the said sum of 4371. 138. 7d. into the bank of England, feloniously did utter and publish as a true writing, which said last-mentioned, false, forged and counterfeit writing, contained and doth contain therein as followeth, that is to say [here set out the documents again] with intention to defraud the said D. H. he the said J. G. at the time when he so altered and published the said last-mentioned writing, then and there well knowing the said last-mentioned writing to [*1057] have been, and then to be forged and counterfeited, to the evil example, &c. and against the peace, &c. and against the form of the statute, &c. And the jurors, &c. do further present, that the Third said J. G. after, &c. to wit, on, &c. with force and arms, at, &c. forging an aforesaid, feloniously did forge and counterfeit, and feloniously office copy of a certidid procure to be forged and counterfeited, and feloniously did ficate of (e) As to the law in general, see ante 1022 to 1044", and form of in dictment, ante 1039*. From the count for |