JB_071_056_003.xml

Title: [3 C Of Falshoods in general]

Description: 3

C

Of Falshoods in general

instrument were at the time at which they purport to

have been under as much signs of his ideas as of he himself had

made them: for instance that the individual A. B. who is now on

the 1st of Jan: 1780 is making the counterfeit writing as was on the 1st

Jan. 1770 the individual Y. Z. and that being so he did on the said

1st Jan. 1770 make those characters which in truth he is now making on the

1st of Jan. 1780. The averment respecting the act thus asserted to

have been done,

this averment, I say when coupled with the averment respecting

the personality, is that which narrows if to a short

and particular period period of time: viz the the

period of time falsely affected to have been occupied

in the making of the characters which are falsely asserted to

have been making at that time.

There is one circumstance that may make the propriety of the

account given of this analogy between forgery and personation appear

suspicious. This is that in the case of personation one is apt to

suppose there must be some little resemblence between the person

counterfeiting and the person he counterfeits in order to give the offence

a possibility of success. Whereas it is evident that forgery

may be committed and commonly is committed without any the

least constancy between those two persons. In

personation therefore

JB_071_056_004.xml

Title: [4 C Diff Of Falshoods]

Description: 4

C

Diff

Of Falshoods in general

therefore A.B.may affect himself to be Y.Z. without any absolute

certainty of being detected improbability of succeeding. But in

forgery it may be said this cannot be. The Forger A.B. has not the most

distant resemblance to Y.Z. How then can he with any possibility of success

represent himself as being the same person with Y.Z. More than that, the

act of forgery is

day on which the

characters are actually is the 1st of Jan y 1780. In avers the day on

which they are making whereas the day on which he avers

them to have been making is the 1st

of Jan y1770. How thencan he

with any possibility of not being detected assert that

he is the same person with another man whom he has not the least

resemblence to, and whose for person may be as well known

to them to whom he is making the declaration as any mans person can be:

and how can he with any possibility of not being detected assert that the

1st day of Jan y 1770 is the same day with the

1st day of Jan y 1780

The case is that at the time the forger A.B. is averring himself to be the

person Y.Z. neither he not Y.Z. are seen. No person

at all is seen doing the act, it is not seen who the act belonged to:

the act itself is not seen. The person by whom

really the act

is really doing, can not at the

juncture of time at which he is doing it be

made to undergo that comparison with the person by whom

it is falsely asserted to have been done, by

which it would appear that they are two different

persons. All that is seen is the characters

which

JB_128_179.xml

Title: [1818 May 12 ┴ Parl. Reform Bill]

Description: 1818 May 12 ┴

Parl. Reform Bill

Text ult o

VIII Penal Securities

VIII Abridged form

1

Penal Securities {provided} against evils incident to Election /Election Offences/

Art. For every offence which in any manner following has {produced or has tended to

produce} /been productive of, or has been, or has tended to be, contributory to,/

Miselection, Non-Election or {Null and} {Void} /Null/ Election {or has been or has

tended to be contributory thereto} {the offender shall be punishable as follows viz.}

In a book to be kept, under the name of the Black-book in the Election Office of

every Election District, {under the care of the Election Clerk}, {on conviction}

entry shall by the Election Clerk be made containing the sentence passed upon the

offender, in which sentence shall be contained a compleat designation of the person

of the offender, together with the specific denomination, and individual /of the

offence as above, and moreover together with the/ description of the /individual/

offence: and moreover a declaration that the offence was accompanied with criminal

consciousness and intention, or was produced by culpable {heedlessness} /rashness/,

as the case may be. If in the commission of the offence, forgery or fraudulent

personation have /has/ been employed, mention thereof shall be made in such sentence.

If {{in the sentence it be declared that /the declaration be that/ in the opinion of

the court} (a) the offence was accompanied} with criminal

consciousness and intention, the sentence shall moreover in the London or other

official Gazette: and so in the case of forgery or fraudulent personation: and for

that purpose, under the direction of the Court (b), two copies of

the sentence {on the same day on which it is pronounced or on the next day}

/forthwith/ be, {by the competent authority} transmitted {by the post after being

duly signed authenticated by the proper signature, the one to the proper Election

office, the other to the Printer of the said Gazette}.