Odger's English Common Law

UTTERING. 391
Every person, who with intent to defraud demands,
receives or obtains any money or other property by
means of any instrument which he knows to be forged, is
guilty of felony and liable to fourteen years' penal servitude. 1
Section 8 makes it felony punishable with varying terms of
penal servitude for any person without lawful authority or
excuse, the proof of which shall lie on him, to have in his
custody or possession, knowing the same to be forged, a
forged bank note, a forged die used for the marking of gold
or silver plate, a forged stamp or die as defined by the Local
Stamp Act, 1869, or the Stamp Duties Management Act,
1891, or a forged wrapper or label provided by the Com-
missioners of Inland Eevenue or of Customs and Excise.
Making or having in possession paper or implements for
forgery without lawful authority or excuse, the proof of
which lies on the accused, is a felony punishable with penal
servitude for seven years. 2
Justices of the peace may on
reasonable grounds issue a warrant directing that a search
be made for such paper or implements with a view to their
destruction. 8 "Possession" is defined by section 15. "Any
person who knowingly and wilfully aids, abets, counsels,
causes, procures or commands the commission of an offence
punishable under this Act shall be liable to be dealt with,
indicted, tried and punished as a principal offender." i
None of the offences under this Act can be tried at Quarter
Sessions. 5
accused with knowingly uttering the forged document, so that, if the prosecution fail
to prove the actual forgery, the accused may be convicted of uttering. See Indictment,
No. 12, in the Appendix.
i S. 7 ; and see K. v. Cade, [1914] 2 K. B/209.
2 Ss. 9 and 10.
8 S 16.
* S. 11.
6 S. 13.