the prisoner was convicted. R. v. White, 9 Car. & P. 282. And see R. v. Thomas, 7 Car. & P. 851. And an order or request note may be the subject of an indictment for uttering, although it be not addressed to any person; where in such a case, after conviction, this point was reserved for the opinion of the judges, they held the conviction to be right. R. v. Ross Carney, Ry. & M. 351. So, where a request note was thus:-"Aug. 3, -39.-One sixteen-inch helmet scoop, one four-quart kettle, James Haywood," this was holden by all the judges to be a request for the delivery of goods within the statute, although it was not addressed to any person. R. v. Pulbrook, 9 Car. & P. 37. So, where a request note set out a list of names, with a certain sum opposite to each, and was signed by the prosecutor; this, by a course of dealing between the prosecutor and a grocer in the town, was treated by the grocer as an order to give the persons therein named goods in the way of his trade to the amount of the sums opposite their respective names; and the defendant was charged with forgery of it, by altering the sum opposite to his own name from 5s. to 158. it was holden that although this was not a request for the delivery of goods upon the face of it, yet that evidence of the course of dealing was admissible to show that it was so; and the prisoner was convicted. R. v. Walters, Car. & M. 588. So, where a silversmith's order to the wardens and company of goldsmiths, for plate which had been sent to be assayed and marked, was in form thus: "Sept. 23rd, 1764. Sir, please to deliver my work to the bearer. Lydia Bell, Flect-street, London," and this was proved to be the asual form the case, after a motion in arrest of judgment, on the form of the order, was reserved for the opinion of the judges, who held the conviction to be right. Jones's case, 2 East, P. C. 941.

Order for payment of money; I W. 4, c. 66, e. 3. 1 Vict. c. 84, 8. 2; if on a banker, it may be described in the indictment as "a certain cheque and order for the payment of money;" if on any other person, as "a certain order for the payment of money." It is to be remarked, that the statute makes no mention of a request for the payment of money, as it does with respect to the delivery of goods, as above mentioned; the words are merely " warrant or order for the payment of money." And therefore where the instrument appears upon the face of it to be a request merely, and not an order, it is not the subject of an indictment for forgery; R. v. Roberts, Car. & M. 652. R. v. Thorn. Id. 206. See R. v. Baker, Ry. & M. 231; in such case, if the money be paid upon it, the indictment should be for obtaining money by false pretences; see ante, p. 463; or if it have been tendered for payment, but the money not paid, the indictment may be for an attempt to obtain the money by false pretences. See ante,

p. 472. A warrant is an instrument which the drawer has a right to make, and which the drawee will be warranted in paying as where goods were sold, and a forged bill of parcels of them was sent, with a written request to the buyer to pay the amount, as the seller was pressed for money,--this was holden to be a warrant for payment of money within the statute. R. v. Dawson, 20 Law J. 102 m. So, where an order on a banker was in this form,-"Messrs. Wilkins & Co., bankers, Merthyr, please to advance the bearer, Samuel Richards, the sum of 2501., and place the same to my account; Morgan Thomas ;" and it appeared that Morgan Thomas had a deposit account with the bankers, but not a drawing account; the instrument being described in the indictment as a warrant and order" for the payment of money, Wightman, J., held that it was a warrant, but not an order; and as it was not both, he ordered the defendant to be acquitted. R. v. Mary Williams, 2 Car. § K. 51. But a cheque upon a banker may be described as a warrant and order, for it is both. R. v. Crowther, 5 Car. & P. 316. A cheque upon a banker, is a warrant or order for the payment of money within the meaning of the statute, even although it be post-dated, R. v. Taylor, 1 Car. & K. 213, or although the name of the pretended drawer be written across the instrument, instead of at the end of it. R. v. Smith, 1 Car. § K. 700. Where it was in this form," Mr. Johnson, Sir,-Please to pay to James Jackson the sum of 131. by order of Christopher Sadler, Thornton-le-Moor, brewer, I shall see you on Monday;-. your obliged, Chr. Sadler;" and at the foot were the words "The District Bank;" it appeared that Sadler was a customer of the bank, but there was no proof that he had any funds in the bank at the time, and it was therefore objected that this. could not be deemed an order for the payment of money: the prisoner was convicted, the point was reserved for the opinion of the criminal appeal court, which held that the conviction was correct; and Parke, J., said that it was immaterial whether the alleged drawer had any funds in the bank or not, for if the cheque had been drawn in the name of a fictitious person, it would be a forgery, and the pretended drawer would of course have no funds in the bank; and as to the words "please to pay," &c., it was only a civil way of addressing your banker, and did not prevent the instrument from being deemed an order. R. v. Carter, 2 Car. & K. 741. And a blank cheque, with a genuine signature, given to a clerk to fill up for a certain amount, who fills it up fraudulently for a larger sum, is we have seen a forgery. R. v. Wilson, 2 Car. & K. 527, ante, p. 539. But where the cheque was "Please to pay to, or order," the judges held that a person charged with forging it, ought not to be convicted, as the instrument was not complete for want of a

payee. R. v. Richarda, R. & Ry. 193. So, where it was not directed to any person, but merely the words "payable at Messrs. Masterman & Co., White Hart Court, Wm. M'Inerheney," were written at the left corner at bottom, a majority of the judges held that this was not an order for the payment of money. R. v. Ravenscroft, R. & Ry. 161. But a banker's receipt for money deposited with him, if the depositor's name be forged upon it so as to enable the forger to demand the money back from the banker, R. v. Atkinson, Car. § M. 325, or accompanied by a forged memorandum in the name of the depositor, stating that the bearer is authorized to receive the money, R. v. Harris and Lloyd, 1 Car. § K. 179, is an order for the payment of money within the Act. So, a letter of credit from a house abroad upon a banker in this country, is an order for the payment of money within the Act. R. v. Raake, 8 Car. & P. 626. So, an instrument in this form,"Mr. Martin will be pleased to send by the bearer 101. on Mr. Hodge's account, as Mr. Hodge is very bad in bed and cannot come himself; Martin Ralph, foreman, St. Austel foundry," -was holden to be an order for payment of money within the Act, although the person to whom it was directed was only the banker's clerk, and the person by whom it purported to be drawn had no authority from Hodge to draw on his bankers. R. v. Vivian, 1 Car. & K. 719. So, where the instrument was in this form,-"Oct. 11, 1839. This is to satisfy that R. Rogers as swept the flues, and cleaned the bilges, and repaired four bridges of the Princess Victoria, 47. 109. J. Nicholson," and it appeared that if the document were genuine, it would entitle the prisoner to payment on being presented, and the amount was in fact paid to him: this was holden by Parke, B., and Bosanquet, J., to be an order for the payment of money within the Act. R. v. Rogers, 9 Car. & P. 41. * So, where the order was "to pay on demand to Mr. Hugh Young, or order, all my proportion of prize money, due to me for my service on board His Majesty's ship Leander, "-signed "John Johnson his mark," and directed to Alexander Davison, Esq. it was objected that this could not be deemed an order for the payment of money, as no particular sum was mentioned in it; but the prisoner being convicted, the judges held the conviction to be right. McIntosh's case, 2 East, P. C. 942. Where the instrument forged, purported to be an order of a justice of the peace upon the treasurer of the county, to pay John Cox a certain sum, the expense of burying a dead body which had been cast on shore (and which orders justices are authorized by statute to make in favour of parish officers, to reimburse them for such expenses): five of the judges held this not to be an order for the payment of money, because it did not appear on the face of it that John Cox was a parish officer; six of the judges, however, held that

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it was, and properly the subject of an indictment for forgery. Rev. Froud, R. & Ry. 389. So, a forged pass of a discharged prisoner, enabling him to receive certain sums from the overseers of the poor of the different parishes he would have to pass through on his route to the place of his settlement, is an order for the payment of money within the Act; and where a woman presented to an overseer such a forged pass, which directed the money to be paid to Wm. Henry, on his giving a receipt, she was holden guilty of uttering it. R. v. McConnell et al., 1 Car. & K. 371, But where a forged instrument, purporting to be an order of a justice of the peace, for a certain sum for apprehending m vagrants, was not under seal, and was directed to the treasurer of the county, when by statute it should have been under seal, o and directed to the high constable, Bayley, J., directed aug acquittal, and the judges held that he was correct in doing so. R. v. Rushworth, R. & Ry. 317; by mm x

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Receipt for money or goods, or an accountable receipt for money or goods, or for any note, bill, or other security for payment of money; W. 4, c. 66. 8. 10; may be described in the indictment as a certain receipt for money,”—or certain receipt for goods,” or “a certain accountable receipt for money," &e. It is not necessary that it should be in any particular form of words: any words which indicate that the party whose name is forged has received the money, such as "settled," R. v. Martin, Ry. & M. 483. And see R. v. Thompson, 2 Leach, 910,—“ paid," R, v. Houseman, 8 Car, § P. 180,—“ received or "recd." see R, v. Barton, Ry, & M. 141." received from Mr. Bendon, due to Mr. Warman, 178, settled," R. v. Inder, 2 Car. & K. 635,-"167. 158, 6d, for the high constable, James Hughes," R. v. Boardman, 2 Mo. & R. 147,-have all been holden to be receipts, within the meaning of the Act. But where the instrument was in this form," Wm. Chinnery, Esq. paid to X. Tomson, the sum of eight pounds, Feb. 13, 1812," without any name subscribed to it; and it was proved that the prisoner gave it to Mr. Chinnery's housekeeper, as the receipt of Thomas Thompson: the judges held that this was not a receipt, within the meaning of the statute; it was an assertion that Chinnery had paid the money, but did not import an acknowledgment thereof by Thompson. R. v. Harvey, R. § Ry. 227. And where the indictment charged the defendant. with forging a receipt for the payment of money, and the re-, ceipt was on the back of an order for payment of money, thus,.. -“received for R. Aickman G. Arscott," the latter being the prisoner's real name: Bolland, B., and Littledale, J., held this not to be a forged receipt for the payment of money. R. v. Arscott, 6 Car. & P. 408. Also, a railway scrip certificate was holden not to be a receipt within the, meaning of the Act.

R. v. West, 2 Car. & K. 496. So, where it was the practice of the treasurer of a county, in paying orders for the expenses of witnesses, to require the witnesses to sign their names on the back of the order, and opposite to them the sums they were entitled to receive; and the prisoner being indicted for forging one of these names,-"James Oakes, 17. 108.,"-as a receipt, Erle, J., (after consulting Coleridge, J.), held that this was not a receipt or acquittance for money, and directed an acquittal. R. v. Cooper, 2 Car. & K. 586.

As to the uttering of a forged receipt;-where the prisoner exhibited a forged receipt to a person who called for payment of an account, but refused to part with it out of his hand : this was holden to be an uttering of the receipt. R. v. Radford, 1 Car. & K. 707. So, where the navy board employed one Collinridge to do certain work, and he employed several persons to do different parts of the work for him; Collinridge died, but the work being completed, the prisoner, în order to get Collinridge's accounts passed at the navy board (which he was employed to do) forged receipts of these different persons as to Collinridge, and produced them to the navy board as vouchers to accompany and verify Collinridge's account: being indicted for uttering these receipts, it was objected that as these persons were employed by Collinridge, and to be paid by him or his executors, the navy board had nothing to do with them; and that therefore exhibiting these receipts to the navy board was not an uttering of them within the statute; the prisoner was however convicted and the judges held the conviction to be right. Thomas's case, 2 East, P. C. 934.

As to the forgery of receipts by altering them where the paymaster of a detachment of artillery was in the habit every month of giving receipts for subsistence money for the detachment, as received from Cox & Co., for which the pay serjeant usually got cash from some of the tradespeople at Woolwich; he issued a receipt for May, and gave it to the prisoner, who was pay serjeant, and he, for a fraudulent purpose, altered the word "May" to "June," and passed the receipt to a tradesman at Woolwich, who got cash for it from Cox & Co.: being indicted for the forgery, it was objected that it was in effect an order for the payment of money, and not a receipt, and should have been so described in the indictment; but he was convicted, and a majority of the judges held the conviction to be right. R. v. Hope, Ry. & M. 414. So, where a high constable issued his precept to the overseers of a parish, to pay 31. 58. 9d. as their proportion of the county rate, and the sum being paid to him by the prisoner, he wrote his receipt at the foot of the precept, thus,-"recd. the above rate, J. Powell;" the prisoner afterwards altered the sum in the precept to 31. 158. 9d., produced it to the auditor of the union, and obtained from him the latter sum: being indicted