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ARGUED AND DETERMINED
Courts of Common Pleas
IN HILARY TERM,
IN THE FIFTH AND SIXTH YEARS OF THE REIGN OF GEORGE IV.
BEFORE THE TWELVE JUDGES.
1824. The King v. Henry Fauntleroy.
Nov. 25th. THE prisoner (a partner in the banking house of Messrs.
A power of atMarsh, Sibbald, f. Co.) was tried and convicted before Mr. torney under
seal for transJustice Park and Mr. Baron Garrow, at the last Old Bai- ferring govern
ment stock, is a ley Sessions, for forging and uttering a deed to transfer
deed; and the stock. The indictment contained eleven counts, each uttering of such
an instrument, count setting out the instrument forged (a). The first count knowing it to
be forged, is a capital offence, under the statute 2 Geo. 2, c. 25, s. 1.
(a) of which the following is a copy:-“ Know all men by these presents, that I, Frances Young, of Chichester, spinster, do inake, constitute and appoint William Marsh, Sir James Sibbald, Baro. net, Josias Henry Stracey, Henry Fauntleroy, and George Edward Graham, all of Berners-street, VOL. X.
bankers, my true and lawful at-
was founded on the statutes 2 Geo. 2, c. 25, s. 1 (a), and
of the 25th year of the reign of his majesty King George 2, entitled, “An act for converting the several Annuities therein mentioned, into several Joint Stocks of Annuities, transferable at the Bank of England, to be charged on the Sinking Fund,” &c. and by several subsequent acts: also, to receive and give receipts for all dividends due and payable for the same for the time being; likewise, to sell, assign, and transfer, all or any part of 50001. being part of my said stock or annuities; to receive the consideration mo ney, and give a receipt or receipts for the same, and to do all lawful acts requisite for effecting the premises; hereby ratifying and confirming all that my said attornies, or either of them, shall do there. in, by virtue hereof:--And, in case of my death, this letter of attorney, as to all matters and things which after my decease shall be done by my said attornies, or either of them, by virtue of, or under colour, or in pursuance there of, shall, so far as the Governor and Company of the Bank of England are interested or concerned, be as binding on my executors and administrators, as the same would have been upon me if living, unless notice in writing of my death shall have been previously given to the said Governor and Company by, my executors or administrators, or by some person or persons interested in the pro. perty to which this letter of attor
ney refers : And unless such notice be given, I hereby promise and engage, and bind myself, my executors, or administrators, to and with the said Governor and Company of the Bank of England, that they, my said executors, or administrators shall and do allow, ratify and confirm, as good, valid and effectual, against them, and against my estate, whatsoever shall or may be done by my said attornies, or either of them, after my decease, so far as the said Governor and Company of the Bank of England shall or may be, in any way or manner, interested therein. In witness whereof, I have bereunto set my hand and seal, the 31st May, 1815.
Frances Young. (L. S.) Signed, sealed, and deli-, Clerks to Marsh,
John Watson, 1 bankers, Berners
James Tyson, street. (a) By which it is enacted, “ that if any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly act or assist in the false making, forging, or counterfeiting, any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange, or promissory note for payment of money, or any acquittance or receipt, either for money or goods, with intention to defraud any person whatsoever, or shall utter or publish as true, any false, forged,
vered in the presence of
31 Geo. 2, c. 22, s. 78 (a), and charged the prisoner with 1824 forging a certain deed. The second count upon the same The King statutes charged him with uttering and publishing as true PAUNTLEROY. a certain false, forged and counterfeited deed, knowing it to be false, forged and counterfeited. The third count was framed on the statute 45 Geo. 3, c. 89, s. 2 (b), and charged the prisoner with disposing of and putting away a certain false, forged and counterfeited deed, knowing the same to be forged. These three counts charged the offence to have been committed with intent to defraud the
or counterfeited deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement or assignment of any bill of exchange or promissory note for payment of money, acquittance or receipt, either for money or goods, with intention to defraud any person, knowing the same to be false, forged, or counterfeited, then every such person, being thereof lawfully convicted, according to the due course of law, shall be deemed guilty of felony, and suffer death as a felon, without benefit of clergy."
(a) Which, after reciting that doubts might arise whether the punishment inflicted by the 2 Geo. 2, c. 25, extended to the commission of the like forgeries with an intention to defraud a corporation, enacted, “that a person forging or publishing any deed, will, obligation, acquittance, &c. &c., with intent to defraud any corporation, should be deemed guilty of felony, without benefit of clergy."
(6) By which it is enacted, “ that if any person shall, after the pass
ing of that act, forge, counterfeit,
Governor and Company of the Bank of England. The fourth, fifth and sixth counts were similar to the first, second and third, with the exception of charging the prisoner with intent to defraud one Frances Young, (the person whose name had been forged). The seventh, eighth and ninth counts were also similar to the first, second and third, the offence being laid with intent to defraud one Charles Flower, (the person to whom the stock had been sold by the prisoner under colour of the forged power of attorney). The tenth and eleventh counts, which were nearly similar, were framed on the statutes 8 Geo. 1, c. 22, s. 1, and 31 Geo. 2, c. 22, s. 77 (a), for forging and counterfeiting a certain letter of
(a) The latter of which, after reciting that doubts might arise, whether the punishment inflicted by the 8 Geo. 1, c. 22, extended to the commission of forgery and offences in relation to such capital stocks and funds as had been established by the authority of Parliament since the passing of that act, enacted," that if any person should forge or counterfeit, or procure to be forged or counterfeited, or knowingly and wilfully act or assist in the forging or counterfeiting any letter of attorney, or other authority or instrument, to transfer, assign, sell, or convey any share or shares, or any part of any share or shares, of or in any capital stock or funds of any body or bodies politick or corporate established, or which shall be established, by any act or acts of Parliament; or to receive any dividend or dividends attending any share or shares, or any part of any share or shares, of, or in, any such capital stock or funds as aforesaid; or to receive any annuity or annuities, in respect
whereof any proprietor or proprietors have or shall have any transferable share or shares of or in any capital stock or stocks which now are, or hereafter shall be established by any act or acts of Parliament, in proportion to their respective annuities; or shall forge or counterfeit, or procure to be forged or counterfeited, or knowingly and wilfully act or assist in the forging or counterfeiting any the name or names of any of the proprietors of any such share or shares in stock, or of any the persons entitled to any such annuity or annuities, dividend or dividends, as aforesaid, in or to any such pretended letter of attorney, instrument, or authority; or shall knowingly or fraudulently demand, or endeavour to have, any such share or shares in stock, or any part thereof, transferred, assigned, sold, or conveyed, or such annuity or annuities, divi. dend or dividends, or any part thereof, to be received by virtue of any such counterfeit or forged letter of attorney, authority, or
attorney. The Jury found the prisoner guilty on the second,
1824. fifth and eighth counts, for uttering a forged deed, The King knowing it to be forged, with intent to defraud the Bank FAUNTLEROY. of England, Frances Young, and Charles Flower respectively; and a verdict was entered accordingly.
Mr. Alley, Mr. Brodrick, and Mr. C. Phillips, in arrest of judgment, contended, that the Court could not, on this conviction, give a judgment affecting the life of the prisoner; as the uttering of such a forged instrument as was stated on the record, was not a capital offence :-a power of attorncy for the transfer of government stock not being a deed within the meaning of the statute 2 Geo. 2, c. 25, s. 1.-The objection, however, was over-ruled, and the prisoner received sentence of death. He afterwards petitioned the Crown; and his case was argued in the long room at the Sessions House, Westminster, on the 24th and 25th November, 1824, before the twelve Judges: the point reserved being, whether the instrument in question were a deed within the meaning of the statute, 2 Geo. 2, c. 25, s. 1.
Mr. Brodrick for the prisoner.—The question is, whether the power of attorney as set out on the face of this indictment, and described as a deed, fall within the language and meaning of the statute 2 Geo. 2, c. 25? First, a power of attorney is not, in the legal acceptation of the
instrument, or shall falsely and deceitfully personate any true and real proprietors of the said shares in stock, annuities and dividends, or any of them, or any part there. of, and thereby transferring or endeavouring to transfer the stock, or receiving or endeavouring to receive the money, of such trúe and lawful proprietor, as if such
offender were the true and lawful owner thereof, then, and in every or any such case, all and every such person and persons, being thereof lawfully convicted in due form of law, shall be deemed guilty of felony, and shall suffer death as a felon, without benefit of clergy."