the same to be false, forged, and counterfeited). And the said J. S. afterwards, and before the said last mentioned pretended writ purported to be returnable, to wit, on the day and year last aforesaid, at the parish aforesaid, in the county aforesaid, the said last mentioned false, forged, and counterfeited writing, knowingly, falsely, and deceitfully, as a true writ of our lord the King of fieri facias, did cause to be delivered to the then sheriff of Middlesex, for execution to be made thereof; and afterwards, and before the said last mentioned pretended writ purported to be returnable, to wit, on the day and year last aforesaid, at the parish aforesaid, in the county aforesaid, did cause to be seized and taken divers goods and chattels of the said J. N. to a large amount, by pretence of the said pretended writ: to the great damage of the said J. N., to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Misdemeanor at common law. The forging and counterfeiting of any writing, or uttering and publishing it as true, knowing it to be forged and counterfeited, with a fraudulent intent, whereby another may be prejudiced, is a misdemeanor at common law, in all cases where it has not been made felony by statute. See 2 East, P. C. 861. Thus, counterfeiting a letter of credit, 1 Str. 12, a bill of lading, 1 Salk. 342, a debtor's discharge, R. v. Fawcet, 2 East, P. C. 862, and the like (see 2 East, P. C. 862.) are forgeries at common law.

Evidence.

Prove the forgery and uttering, as directed ante, p. 190, &c. Prove also the delivery of the writ to the sheriff, and the levy under it, as stated in the indictment. If the forgery be proved, it should seem to be sufficient, although the prosecutor fail in proof of the delivery of the writ to the sheriff, and of the levy under it: for, notwithstanding some ancient authorities to the contrary, it does not appear to be necessary that the fraud contemplated, should have been actually effected by the forgery, to render it indictable at common law; the mere intent to defraud seems to be sufficient. See 2 East, P. C. 861, 862.

Indictments for forgery in other cases.

With the assistance of the precedents already given (and which are those most generally required in practice), indictments may readily be framed upon any of the other statutes upon the subject of forgery, attention being paid to the operative words in the statute creating the offence.

The following is a concise list of the statutes relating to forgery, which have not already been mentioned under the foregoing precedents.

1. As to records, &c.: Avoiding records, felony. 8 H. 6. c. 12. s. 3. Forging a court roll, imprisonment for life, forfeiture of lands, &c. 5 El. c. 14. s. 3. Forging a memorial or certificate of registry of lands in Yorkshire or Middlesex, imprisonment for life, forfeiture of lands, &c. 2 & 3 A. c. 4. s. 19. 5 & 6 A. c. 18. s. 8. 7 A. c. 20. s. 15. 8 G. 2. c. 6. s. 31. Forging a marriage licence, or an entry of a marriage in the register book, felony, death. 26 G. 2. c. 33. s. 16.

2. As to the revenue: Forging the stamps on paper, &c., playing cards, plate, &c., felony, death. 52 G. 3. c. 143. s. 7, 8. 55 G. 3. c. 184. s. 7. 55 G. 3. c. 185. s. 6, 7. Forging permits, or the stamp thereon, or making paper with the watermark "Excise" therein, felony, death. 23 G. 3. c. 70. s. 9. 52 G. 3. c. 143. s. 9. Forging debentures or certificates for payment or return of money, required by statutes relating to the customs or excise, felony, death. 52 G. 3. c. 143. s. 10. Forging the stamp denoting the duty to have been paid on paper, pasteboard, &c., felony, transportation. 49 G. 3. c. 81. s. 1. Forging the stamp on linens, calicos, silks, or stuffs, felony, death. 10 4. c. 19. s. 97. 13 G. 3. c. 56. s. 5. See 52 G. 3. c. 142. s. 1. Forging the mark of postage on letters, fine and imprisonment. 54 G. 3. c. 169. s. 14. Forging franks, felony, transportation for seven years. 24 G. 3. Sess. 2. c. 37. s. 9. 42 G. 3. c. 63. s. 14. Forging a hawker's licence, 3007. fine. 50 G. 3. c. 41. s. 18. Forging lottery tickets, &c., felony, death. 49 G. 3. c. 94. s. 11.

3. As to the public securities: Forging a transfer of stock, or a power of attorney to transfer it, or transferring it by personating the proprietor, felony, death; 8 G. 1. c. 22. s. 1. 31 G. 2. c. 22. s. 77. 33 G. 3. c. 30. s. 1, 2; and the same with relation to bank stock, or the stock of any other corporate body. 4 G. 3. c. 25. Forging the names of witnesses to such letter of attorney, felony, transportation for seven years. 37 G. 3. c. 122. Forging exchequer bills, felony, death, 48 G. 3. c. 1. s. 9, and see the different statutes for issuing them.

4. As to public officers: Forging the name of the registrar of the high court of admiralty, or the bank receipts for suitors' money, felony. 53 G. 3. c. 151. s. 12. Forging the hand of the accountant general, registrar, &c. of the court of chancery, or of a cashier of the bank, to any instrument relating to suitors' money, felony death. 12 G. 1. c. 32. s. 9. Forging the handwriting of the receiver general of the customs, &c. to any draft, &c. upon the bank, felony, death. 46 G. 3. c. 150. s. 10. Forging the handwriting of the receiver general of excise, &c. to any draft, &c. upon the bank, felony, death. 46 G. 3. c. 75. s. 8. Forging the handwriting of the treasurer, or other signing or vouching officer of the navy, to any paper whereby his majesty's naval treasure may be paid or disposed

of: See 1 G. 1. st. 2. c. 25. s. 6. Forging the handwriting of the treasurer of the ordnance, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 45. s. 9. Forging the handwriting of the receiver general of the post office, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 83. s. 9. 47 G. 3. sess. 2. c. 59. s. 3. Forging the handwriting of the receiver general of the stamp duties, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 76. s. 9. Forging the handwriting of the agent general of volunteers and local militia, &c. to any draft, &c. on the bank, felony, death. 54 G. 3. c. 151. s. 16. Forging the handwriting of the surveyor general of woods and forests, &c. to any draft, &c. on the bank, felony, death. 46 G. 3. c. 142. s. 14. Forging the mark or handwriting of the receiver general of the prefines upon any writ of covenant, felony, death. 52 G. 3. c. 143. s. 5. Forging any contracts, certificates, receipts, &c. relating to the redemption of the land tax, felony, death. 52 G. 3. c. 143. s. 6.

5. As to officers in the navy and army: Forging any letter of attorney, order, assignment, last will, &c., in order to receive pay or prize money due to any officer or seaman, or any marine officer or marine, felony, death. 57 G. 3. c. 127. s. 4. Forging any letter of attorney, order, last will, &c., in order to receive money due on account of any outpension granted by Greenwich hospital, felony, death. 54 G. 3. c. 110. s. 6. Forging bills, &c. drawn by officers of the navy for their half pay, felony, death. 56 G. 3. c. 101. s. 4. Forging the signature of the parish minister, to the certificate to obtain probate of a seaman's will, or administration to him, felony, transportation. 55 G. 3. c. 60. s. 31. Forging the name of any officer of the navy, entitled to allowances on the compassionate list, or of any marine officer entitled to half pay, to any remittance bill, certificate, voucher, or receipt in relation to the same, felony, transportation. 49 G. 3. c. 45. s. 11. Forging the name of any officer's widow to any remittance bill, certificate, voucher, or receipt, respecting her pension, felony, transportation. 45 G. 3. c. 35. s. 10.

6. As to public companies, &c.: Forging a bond of the East India or South Sea Company, felony, death. 12 G. 1. c. 32. s. 9. 9 4. c. 21. s. 57. Forging a receipt or warrant of the South Sea Company for subscriptions, felony, death. 6 G. 1. c. 11. s. 50. As to forging the stock of these and other corporate bodies, See 4 G. 3. c. 24. ante, p. 207.

7. As to public trade: Forging Mediterranean passes, felony, death. 4 G. 2. c. 18. s. 1. Forging a shipping licence, penalty 5001. 47 G. 3. sess. 2. c. 66. s. 26. Forging quarantine certificates, felony, death. 46 G. 3. c. 98. s. 8. Forging certificates, &c. mentioned in the act for the abolition of the slave

trade, felony, death. 47 G. 3. sess. 1. c. 36. s. 12. Forging the assay marks on gold and silver plate, transportation for 14 years. 13 G. 3. c. 59. s. 2. 38 G. 3. c. 69. s. 7. and see 24 G. 3. sess. 2. c. 53. s. 16.

All these statutes, with a very few exceptions, make the uttering these forged instruments, respectively, knowing them to be forged, equally penal with forging them.

210

CHAPTER II.

Offences against the persons of individuals.

SECT. 1. Murder.

2. Manslaughter.

3. Assault, battery, &c.

4. False imprisonment.

5. Child stealing.

6. Rape.

7. Sodomy.

SECT. 1

Murder.

Indictment for murder, by stabbing.

Middlesex to wit: The jurors for our lord the King, upon their oath present, that J. S., late of the parish of B., in the county of M., labourer, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one J. N., in the peace of God and our said lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said J. S., with a certain knife, of the value of sixpence, which he the said J. S. in his right hand then and there had and held, the said J. N., in and upon the left side of the belly, between the short ribs of him the said J. N., then and there feloniously, wilfully, and of his malice aforethought, did strike and thrust, giving to the said J. N. then and there, with the knife aforesaid, in and upon the said left side of the belly, between the short ribs of him the said J. N. one mortal wound, of the breadth of three inches, and of the depth of six inches; of which said mortal wound, the said J. N., from the said third day of May, in the year aforesaid, until the fifteenth day of the same month of