The Sun.
London, England, 1824-11-03 00:00:00

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NUMBER, 10,029.

VERY FAST TRAVELLING,
ToBIRMINGHAM and LIVERPOOL, DAY and NIGHT, by
FOUR INSIDE COACHES, which KEEP GOOD TIME,
hone the SARACEN'S HEAD INN, SKINNER-STREET,
- SNOW-HILL, 'LONDON-
THE following LIGHT POST-COACHES,
n,„4" l'l'l LS. &c. set out frons the above Inn t—
t -fIittIINGEIANI "Tally Hu!" fast Day Coach, in thir-
be.t.a ho.u.rs,Morniug at a quarter before Seven, through Red. ...11, market Stre t Dunstable, Brick hill, Fenny Stratford,
(,°',l"neY StratfOr'd.'reoivcester, Weedon, Daventry, Dimehurch,
i'i,'entrY, mid Stone Bridge, to the Castle Hotel and St.
m:trlF 'S Tavern, High-street, Birmingham, to Sniffnall,
Na,,,'g'"n, Bridgenorth, Shelton, Shrewsbury, OswestrY,
of
theeiidetlicir,eleudgh with
A.ii,"'lch, •porley, Bangor, Chester and Holyhead.—
two Coachmen only. In consequence
Pro preference given to the Tally Ho Coach, the
Pneters are determined no expellee shall he spared to
render it the first conveyance on the Birmingham Road.
v BIRMINGHANI "Royal Express," New light fast Night
N1t;!!, it) 15 hours only, sets out every afternoon, carry.
t'g rola In only; passes through Warwick, Li-awing-
?o, Soatliam, Weedon, Daventry, Stoney Stratford, and
.iitveeiter, to the Saracen's Head, Bull-street, Binning.
mo), early the next Morning.
s.R.Romirroix, Chatham Rochester, Gravesend, Stroud,
thaghouroe, Itainham, and' Ospringe, every Morning.
law
ton ANSTAPLE, Southmolton, Creditor, Tiverton, North-
, Oaliliaaipton Torrington, Ohumleigb, Ilfracomb,
4141 Biddefurd, New fight fast Coach, every Morning, at 7.
it?TH and BRISTOL Cheap Post-Coaches, through Chip.
„", "I, Caine, Nlarlbormigli, Huugerford, Newbury, and
Innmg, evei y Afternoon at one; arrive at the Greyhound
144
1 I.ittli' the London Tavern, Thomas-street, and swan,
Iw, early the next Morning.. At reduced Fares.
It 11°SrON New Royal Patent Mail. to -Louth, through
oqtleii, Cambridge, Huntingdon„. Stiltopl Peterborough,
steWir,',,g, Spalding, Spilsby, Alford, and Grimsby, Evening,
f, 4" PaSt 7, Sunday, at a Quarter before 7.
b 4Miiltil.)CE New lt • i P • t Mail, through Ware,
osnt, 7 ...0)a Patent
7 "Word, Dockland, and Royston, 'Evening, at Half past
.1, all
a tA InttalST4 Ft:4 Quarter before 7.
" Express," to Penrith, and -Whitehaven,
q,,,"'w Light Four-inside Post Coach,, with a Guard all
CPI, passes through Appleby, Brough, Bowes, Greta-
liiiiiroiltilitl,c:ise ;4711mnd, Catterick, Boroughbvidge, Ferrybridge,
Newark, Bawtr, Grantham, Stamford, Gree-
lior_: atittoo, Biegleswittic, and Baldocl.-. Sets out in the
litreug, and perfories the journey with the greatest fad-
Z1..1. 111 reduced Fares. Passengers detained on the Road by
.iness or pleasure, have the peculiar advantage of their
' eu:' bclnX tectired in the next Coach.—The only direct
ell taCarlisle.
Ps "H
ESTE R Light Coaches to Newport, Whitechurch, Tar-.
iitoi(i),)ll,4Niiortorirpntowni,;.ll.,, aj.ort hwich, an d'Aliddlewich, every morn
kir' 'nor " Tally Ho," light fast Day Coach, every
tuner " a quarter before 7, throne!) litedborn, Dunstable,
011-afford, Toweester; ‘VeedOn, Daventry, and Dun-
,p,
tin!. (41ESTER New light Day Coaches, in fourteen hours
tvi,., tiootigh liagshot Blackwater, Basing,toke. Overton,
lith",,Tprel;, Andover:Salisbury, Wood)eats, Cashmore, and
iix6',t, at a quarter past 5 and 7 in the morning.
..
g ~` tit " Sovereign " New light fast Coach ever) morn.
,iinti;:tii.fl'Clocli though Honiton, Axminster, Charmout I),
)tool;' 1, Dorchester, Itlantlford, Woodyntes Inn, Salisbury,
Get lnitlge, !'''
truss,,. ...utton, Basingstoke, Blackwater, and Ilagstiot.
;7,3()W, Laingtown,Gretna-Rreen, Annan, Dumfries,
("Tall"11, Thornhill, Sanquhar-Kiln,Canntoek, Kingswell,
Parts of Scotland, a light Four inside Post Coach daily.
iIfit'ItIIOWOATE and Ripon new Light Post Coaches, every
41;tinn at Two, and ts quarter before Eight in the Morning.
11,,i,,,1(TF0RD
.Coech, tto (igh Waltham Cross, •cheshu tit,
gselkloil. Old '.'are.
4 'IOLYHKAD.New light fast• Day Coach, through Bs hige-
-1111, walsal Shryvvsbory, and Salop, evei y morning...
',"OLY'HE 6-New light fast Night Coach, through Bridge-
-4-111 W 'll Si wsbury, and Salop, every afternoon. 1-16, a1"1.•, ,-- ne,. • . Light Post Coach, to Lincoln,
Nu, "I, " Express, a New
(N.'calve, Howden, and Doncaster every Morning, to the
44;4 ,Keys, Market-place, nun and' also the " Rocking-
.
t(Ein Ihe Afternoon at Two.
Ihri. NDAL Light fast Post Coaches to Lancaster, Preston,
tr l'lonsdale Bolton, • Chorley, Om niskirk, amid Garstang,
''', io, • ' , •
Ki,, n-nnig and aiternnun. . .
lii,„7DERMINS TER, Stourhridge, and Dudley, thnroeungiih.
'Sig 4ghant, anti West Bromwich, light Coaches every r
1.1..u.d afternoon.
41:r1 44)S 'I Rockingham," light Post Coach, sets . out
tit::Afternoon at Two; and passes through Baldoek, Big-
,'iette, Eaton, Buckden, Stilton, Wansford, Stamford,
Itttilll,, Grantham, Newark, Titxford, Markham Moor,
ql, li,twtry, Doncaster, and Ferrybridge, arrives. at
.the
1,1r11,1,,uhi;"") liirl, Leeds, next Afternoon at Three, 11l time
'hi,- "Whitt', Halifax, Skipton, and Huddersfield Coaches.
t.,,,k'll•lhreugh with Four Coachmen only.—Luggage and
4litlri l'uly id per lb. -.Notwithstanding the uncommou 411it-' ilion of this Coach, it it allowed to by the most agi ec
btiht4:ld eumplete Public Conveyance on the North Road,
Ltypealtitiled by tin er.
l''' 'lLl'°°l d Stall dshire Potteries New light fast
Ay co , 4 an r
,L1v:,11,. rvery Umpire,"t a quarter before 7.
'bath :11'001. " New light fast Four Inside
:.It1):;i1117 hours only (tint one Night on the Road), sets
.Liiuti TY itt One • and arrives at Liverpool iie!ct aftersioott,
tk.',Nfogilui W..Obtirn ' Latlibury, Northampton, ]Telford, Lut.
'miiisi''',,littek lely, At hersto'ne, Litchfield, Stone, Newcattle,
L1V141;',,,, Warrington, and Prescot.
ra4t Ctia, '''.l°9l-, " Royal- Express," Now light Four Inside'
'"
C --1) in st 7 hours nl through Warrington,
Sltit),!Nklint, Liwt. Pres-
°Ney; slie,- Rogely, tinutsford,
11,440,' 'tattord, and% II- t Ili a Ica only One Night on toe
1,11 ~ ~_ y
Afternoon.a cit, ! ~ .
' at the. Saracen's Heat
l'lgl' 1141e-rrt ! """" TI e ndvan.
f. tt to „ Alleniverpool, next Afternoon. . i .
'fen, Ire who honour this Coach with their pre.is ‘,"' are far .
I, ~,,li_r
~ superior to any other on this Road, especially
,41t ih. e vial Interests, as it performs the journey in (less
j`'.11,4, otilli any other Coach ; and, notwithstanding its' cheap-
h'rrsfet "Pediticon, the Proprietors pledge themselves that
rate , Y and accommodation it is equalled by few, and shall
114's,etl by none
(44ktii: 't,.li PATER
a.nd- Altringham Net; light very. fast Day
Alg -t'r mornin t the ‘l sel Arms and Swati Inn. h[l 1 "iISTER rung
"‘ )1 i Newcastle,
e, i Vol • _to .. ins.ow,Cong.eton,
'414.11 "thamPluit, and Knutsford, light Four. Inside
kla •lb IILIIO
l,'Nugt, !WOG Ifand.Swindon, fbur•inside Day Coach,
4tity,
iloltlenhead Reading, Newbary,Hongerford,ltaisis-
,::ly! .r? Aldhourir.' 13riventhron b with One Coachman
1, 4,..1ie nearest conveyance to Li:Colbourn,
1 fIEIVC‘,II'.I PeWFl4.y. . Purton, Wool-
ttikktr'',.i'LE UPON TYNE and UNDER LINE Coaches
ii,,,-"Moili.',F„!rld afternoon. Only One Night on the road.
kWh, Tr in Sovereign," New light fast Coach, to in irl.,
al-, uro,Borlinin, Penryn, Ashburton, Totnesh. and
It NI ALI)
r, Akise
„lilt, every morning at 7.
i't4ch, t,;ll‘lifli “,Ituyal Telegraph," New superior fast safe
terthi.„ Rrgate, Dover, Deal, Broadstairs, Canterbury,
4i' t 0,,, 1". told Saudivicti—every Morning at-half-past 7.
,4110T14:e of the decided preference given to the Te-•
14;14(4 :fhili i(a.uach, the 'Proprietors are determined..ce toil.;
~4tV Road: spared Le render it the first conveyance qtr 4 PlEt r, ,
111 44gh It ."4f.t Express," and also " The Rockingkrmr,"
t;:axitiiiiiiii;:.!l_ec,ti.llll4.tefirtieltryrali:tu,o afternoon
New Four inside Post Coaches, every
Wellington, and .Shiffnal, Light Post.
tv.OtriliAly morning and afteruoon.—Guartied.
4:11(l'egle-3111TON. 4.', Union," to Lymington, Lyndhurst.
riplithut, ,r*,, Basingstoke, Hartford Bridge, Black watur. and
I, tr at tt'e)v Roar Insido 'Coach, every morning, arid' ar-
10' hy ,•11 Coach and Horses and Vine. Inn, Southanip-
(l(io;:el,.:e(leeFri..4otiT,liiii: is
racitittitiessitmdeeyl,ightftil Conveyance to
St..Maloes, Havre de
4441,14,u ','"rgh,'&6.—The Proprietors of the above
tli.,l:ltheo) receive rt contilittance of that support which
~,. iti.jot. ~heeir experienced sine the commencement ol",,
.'Ap,-,".
).40,,,,,..`:1t8511111E, POTTERIES, a new light very fast
~,:11.1stior:"
1Y fternoon, to Lanend, Stoke, Shelton, Bllr.stem,
I (441, 44wtorr, Hant • %nil Ifulmes Chapel. This is 0..
,llakm(4t.,o"lll4b'eeitx.l9 tilt di); le ries. , ,
Al b th,o light Post Cone/tett every morning and after-
44,t141\11,,,,u,p4xititLa§litiito,,alladock B' 1 swade St. Neots, Bucktien,
and Walugdseford. '
"", Stockton, and Yarm Light Post Coach

every Morning, to the George Inn, Sunderlaud, at reduced
Fares.

TOTTENHAM and Edmonton Coaches daily, at Eleven,
Half-past Two, Five, and Eight o'clock.
WAKEFIELD Four inside Post-Coaches, every Morning
and Afternoon, at reduced Fares. •

IVARWICK and Leamington Day and Night Coaches,
through Daventry, IVeedon, Towcester, and Stoney Stratford.
WELLS, Bridgewater, Taunton., Falmon• It, and Ply-
mouth Coaches, and to all Parts of the West of England.
WEYMOUTH "Magnet" Conch, through Bagshot, Mach-
water, Basingstoke, Overton, Whitchnrch, Andover, Woiol-
yeats, Cashmore, Salisbury, Win Word, and Dorchester,At a
Quarter past Fireo'Clock in the Morning. Driven through
with Two Coachmen only,
WEYMOUTH PACKETS to GuuM•nsey, Jersey, Cher.
boarg, St. Maine's, &c. every Wednesday and Saturday af-
ternoon, at Two, from IVeymoittb. -
WOLVERHAMPTON only Day Coach to Dudley, West
Bromwich, and Meriden, through-Caventry—Morning, at a
quarter before 7, and every afternoon.
YORK " Express," to Scarhoroug,h, Whit by, Shields, Sun-
derland, Newcastle, and Edinburgh, a New light Font
inside Post Coach, with a Guard throughout sets nut
every llorniwg by way of Newark, Retford, Doncaster, Fin...
rybridge, Tadcaner, _Darlington, Nurthallerton, Durham,
Mot pith, and Berwick, and arrives at York next. Morn.
ing, at reduced Fares. Driven through with Four Coach-
men only. Passengers finding themselves fatigued on the
journey, may rest what time they please, and then proceed
without any additional Fare.

At Rethice.d Fares to Itamsgate, Margate, and Canter-
bury.
S. A. MOUN'T'AIN and Co. respectfully acquaint .their
Friends and the Public, that. they will nit be accountable lot
any Parcels. Passenger's Luggage, Writings, Plate, 11/4c.• of
more than Fire Ppunds Value, if lost,Atolen, or damaged,
unless entered as such, and the Insurance Bald accord.
ingly, at the Sat acen's Head ion. Skinner-street,
London.

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WEDNESDAY EVENING, NOVEMBER 3, 1824.

MR. FAUNTLERO Y.

OLD BAILEY NNW COURT, Nov. 2.

MOTION IN ARREST OF JUDGMENT.
At a quarter to one o'clock, the RECORDER entered the
Court, and passed sentence upon sonic prisoners who had
been found guilty of minor offences.
At a few minutes before two o'clock Mr. Baron baitito w
arrived, and took his seat on the Bench.
Mr. ALLEY stated to his Lordship that he meant to move in
arrest of judgment on the part of Henryirauntleroy.
Mr. Baron Gmtnow directed the prisoner to be placed at
the bar.
Mr. Fauntleroy was then brought in. He walked up to the
bar with a quick and firm step, bowed to the Bench, and then
stood with his eyes fixed on the ground.
The Clerk of the Arraigns, in the usual form, asked the pri-
soner what he had to say why he should not dleriecording to law,
having been convicted of felony. .*
Mr. ALLEY said he had to address the. Court on the part of
the prisoner. Ile felt that his Lordship had been put. to sonic to attend there.
Mr. Baron GARROW requested that the Learned Counsel
would not dwell for the twentieth part of a moment on that
subject. His time was and ought to he devoted to the public
service, especially upon the question whether the life of a fel-
low man were to. be sacrificed—that was not a suitable ex-
pression ;he meant forfeited—or whether the ingenuity of the
prisoner's Counsel could interpose any thing to stay the execu-
tion of the dreadful sentence of the law. In such a case; God
forbid that any man, whatever trouble or inconvenience he
might be put to, (and he had been put to none), should-he-
sitate for- half a moment to attend to the call which was made
upon him.
31r. ALLEY said, that his object was merely to set himself
right with the Court at the outset. He did not think it was ne-
cessary to have the record read. His Lordship was, doehtless,
aware that the conviction of the prisoner had taken plice, net
generally, but on the counts of the indictment charging him
with having tittered a forged power of attorney for the sale of
stock, knowing it to be forged at the time of uttering it. Had
the conviction taken place on the indictment generally, which
would have declared the prisoner to have been guilty of forging
the instrument, he would not have had to trouble his Lordship
on the present occasion. There was an express Act of Parlia-
ment which made the forging of a power of attorney a capital
'
offence. Up to the reign of George 11., it was not made a capi-
tal offence to utter a forged deed. By the tuff of Geo. 1., it
was a capital offence to forge a bond or security for money, &c.,
but the penalty did not extend to the act of uttering such an in.
etrument. It was therefore clear, that under the act of the Mit
of Geo. 1., judgment of death could not be pronounced on a
conviction for uttering the Instrument knowing it to be forged.
By a subsequent act, the 4th of Geo. 11., it was made (cap. 7.)
a capital offence to forge certain instruments therein enumerated,
but of which a power of attorney was not one. That act ex..-
thattended
it only tl od inedxitveiuddu atlo mosfteesu,cesbuteiotmwiasnitstuedbseagguleinntsltycoenrpacotreda.
, dons. 'lt was his object to contend, that under neither of the
two statutes which he had mentioned was it a capital offence to
forge a power of attorney ; for otherwise those whose duty it was
to,fratne the laws of the country must, at a subsequent period,
have been guilty of great oversight, to say the least of it, when
they specially enacted that it was a capital offence to forge such
.an instrument. Had the offence been capital under the two.
statutes to which he had referred, why should the Legislature
have tat it necessary to pass an act declaring expressly that did
forging powers of attorney was a capital offence ? By the 57th
of Geo. 111., it was made a capital offence to forge a letter of at.
torney to obtain a seaman's wages, or to utter such a forged in.
strutnent knowing it to be counterfeit. That act showed that it
was not in the contemplation of the Legislature that to forge a
n
words employed is act of George
wait a Capital offence under the two statutes
for If so wh*t was: the use of the fresh
deeals..B4e."—the words " power of
ePwbueoeafwr
eocerureit: omebflelatni
st.ett obrnn,ore den, Ydl
es;
e.
attorney diu not occur i it. He believed, also, that the act
'which 3 per Cent. Consols were raised was passed subsequent-
ItYh atto thethe
la,PgiosflaGtueorergcoe litiivrethainttewnedretle s°l;yitthawtasalemt Pto°sl'ilabviee •
afforded' protection to a species of property which did not exhie
The instruments which the Legislature had in contemplatien
when it enacted the statute of George 11. were those which per'
se were valuable and convertible into mall. That was not the
case with a power of attorney. A power of attorney was not
valuable in itself, but acquired a value only in reference:to
something else. A bond was a deed of intrinsic value, because
it was a security fur money ; but a letter of attorney was not a
security for money.
Mr. Baron Winnow apologized for interrupting. the Learned
Gentleman. lie remembered that when the prisoner was on
his trial, it was represented that he was indisposed, and lie was
accommodated with a chair. The argument on the present oc-
sion might last some time ; and if the prisoner were still indis-
posed, he should be allowed to tilt down.
A chair was brought; Mr. Fauntleroy sat down, Inclined his
forehead on the lainp.iron before him, placed his clasped hands
On the bar, and remained in that position whilst the argument
continued.
Mr. ALLEY, after thanking his Lordship for his attention' to
the prisoner, continued. If the power of attorney was conipte-
hended under the word " deed' in the statute of George 11.,
the subsequent statutes which were passed to declare the forg-
ing of a power of attorney a capital offence, were, to say the
least, unnecessary. Those statutes were introduced under the
authority of the taw-officers of the Crown, and it was not to he
supposed that they would call upon the Legislature to enact
that to be a capital offence which had 100 before been declared
to be so. Such a proceeding would be only a waste of public
time and money. He knew of no cite Bvhere such a question
had occurred before. He was acquainted with many cases in
which the Bank had prosecuted, but prosecuted in a different
way. His Lordship knew, from the experience which he had
acquired in conducting the prosecutionsof the Bank, that the
body sometimes prosecuted parties for personating, sometimes
for forging dividend warrants, sometimes for other things, but
he did not recollect a case in that Court, and there was not one
to be found in the books to justifysuch a prosecution as the present.;'hen he said that there had never been a case similar
to the present, he might perhaps except one on which a ques-
tion arose, but not like that now at Issue, which was decided
some time ago, and had been reported by Mr. Bingham.
Mr. Bnoviticx was sure that the Court would require no-
apology from hint for making a few obsersations in support of
what had been so ably stated by his Learned Friend. He
would first direct the attention of the Court to some of the
counts of the indictment, and then state what the verdict of the
Jury was. The indictment consisted of eleven counts, but it
was unnecessary to consider more than the three first counts.
'rite first count charged the prisoner with forging a deed, and
set forth the power of attorney ; the second with uttering it,
knowing it to he foreisl
auwatt u....autt4lic an . n or the Jury was not
t Jury
chargewas i
tie
popu-
lar opptui
--
that of vitt), generally, but of uttering a forged deed, knowing
It to be urged.
Oen all the other parts
solarni‘elfrartiwgl
tlnisritfal operation of' forgery, and therefore we
itutahagerotnh,eGd. astuolvw.—,e Thahveevueordeivctidoeuf
of the indictment."
Mr. Mr. Bitonnicx haadnndofionbjdechtilmongtuoilttayke the fact to be as his
Lordship stated it. The object of the present motion was not
that there should be no judgment, but that there should not
be judgment of death. The second and third counts of thein-
dictment called the instrument '1 a deed." Those counts, there-
fore, must be taken to rest upon the 2d Ge 0.11., cap. 25, which
e.„, or coup.
terfelt, or cause or procure to be falsely made, forged, or cone-
enacts, that " if any person shall
ofralssiellaynnulattkere,afnor;gueb
deed
terfeited, or willingly act or assist in the false making, forging,
or counterfeiting any deed, Stc."
he shall be deemed guilty of fel°°Y; tebtfoncLeso? the Act er2d George II.; the 31st George 11. cap. 22, sec. 78,
I:terroerplyo.erxatteionutise! the enactments of the
Mr. Baron Oannow.--:That took place in iterringtowsc4e,
Air. DRODRICE.—IIIs Lordship was right. The question
then was, whether.the power of attorney, which was called
deed in the indictment, was e'lleea within the meaning of the
act of George H.
•He thought he should be able to prose to
detannetration- that the Legialature,had .not so considered it..
The first statute to which his Learned Friend had , directed the
attention of the Court was the fhb of Gunge 1., which was the
first of a series of StAttaelk designed forthe protection of the
stock of public companies, , That statute, however; conthtted
the capital punishment to ,time forging of, a power of attorney,.
find not to the uttering of one knowing it to be forged. That
statute, therefore, was clearly not within the range of the pre-
Bent indictment. Besides, that statute aptlied to stock vested at

the time it passed, and not to stock subsequently. created. The
statute of the 2d George,ll. -was that upon which the indict.
ment was framed. His argument, then, was, that it was neces.
sary to come to one of two inferene,es—either that the Legisla.
tare, in the statutes which it had passed subsequently to the 2d
of George IL, had employed unnecessary words, or 'that; in
Parliamentary interpretation, a power of attorney was not in.
eluded under the ! word " deed' in the 2d of George 11. If
the Bank could have prosecuted under the act of, the 2d George
It., it was quite useless to use the words power of attorney in
the 31st George 11. Either it was necessary to suppose that
the Legislature had committed an act of supererogation, or to
come to a more rational conclusion, that Parliament did not
consider that a warrant of attorney was cornrrellended under
the word " deed," in the 24 George 11. There niiiPht he ad-
mitted; have been a conviction under the 37th of George 14
cap. 122, • which enacted, " That if any person should forge
or counterfeit the names of any.persons us witnesses to a power
of attorney for the transfer of Bank-stock, he should be liable
to transportation for seven years."
Mr. "Baron Ganuow.—Not under the present indictment,
which charged the'forging of the writing of the principle.
Mr. BitonalcK.—lt was given in evidence that the names
of the witnesses were forged. •
Mr. Baron GannOw—But with what view• was that done?
It was given in evidence that the names of the witnesses were
.TtobtlylyetsosohWefineltishnatgerrutswontibl'teeetnnhetnesispbpeerldie;vhtaichaidapledta
forged in order to assist the proof with Tespect to the forgery of.
loci truol n( teat: and
bl.tieuleepnSonupnairliontpooveteidpseuottftohhAbaeriteesgenArsolmirssgu
forged, could
had
prisoner have been convicted upon • the present indictment?--
Certainly not. It would then have been necessary to frame an
indictment on the statute to which the Learned Counsel bade.
litcled, and on conviction the prisoner would haie been liable to
transportation. • • , • •
Mr. 11110DRICK said he would not double his Lordship with
any further observations on that Point. The 67th of Gee. 111.,
cap. 127, sec. 4, to which his Learned Brother had referred,
alluded to the forging and uttering; 'amongst' other things, of
powers of attorney for obtaining seamen's wages. Why .'did
' the Legislature make use of the words " power of attorney ?"
They were evidently unnecessary, it' a power of attorney was
included by the word'" deed" in the 2(.1 George 11. He again
reverted to the proposition with which he had set out—namely,
that it was either necessary to suppose thatthe Legislature had
unnecessariiy:inade Use'irt• the .words, •or !that it did not con-
template that the 20 George, IL comprehended powers of at-
torney; but Only: instruments 'whfch might be immediately
converted into. Money. A power of attorney might, to he sure,
ha considered a deed, inasmuch as it was signed and sealed ;
but it was carep all() value whatever. It was a mere autho.
rity to another person to act... Ile felt that he had nothing fur-
ther to offer toll's Lordship's attention. Ile trusted that he
had made his iarguirrent understood; and left It to his Lordship's
Consideration, • '
Mr. C. Pm r.z.i riti followed on the same side. He observed,
thataftembeliintwhich his 'Lordship had thrown out respect-
ing the signatures of the witnesses, he would not say a-word on
that point, especially as his own opinion coincided with that
which his lordship expressed.
Mr; Baron Gait ROW hoped that, unless the •mind of • the
Learned Gentleman was perfectly satisfied, he would not ab.
stain from making any remarks, in consequence of what had
fallen from him. It was his'hahit to make such observations,
for the purpose rather of eliciting argument from Counsel than
of suppressing it. • _

Mi."Puiti:ll;s said he perfectly agreed in thenpinion which
the Learned Judge had expressed on the point in question..—
The Learned Gentleman then pursued the eame line of argu-
ment which had been marked out by the counsel who had pre-
ceded. In order to prove that the instruments to which the. Sid
George 11. applied were only instruments immediately con-
vertible into money, the , Learned. Gentleman stated that the
statute, after reciting the word " deed," ended by saying, "or
other securities for money."
Mr. Sergeant BOSANQUET said that he intended to oiler a
few observations in. answer to the arguments which had been
broughtTorward by his lion. Friends on the oilier side.; but he
;did 'not imagine that it would be necessary for him to occupy
the attention of the Court long. kited been said that the pre-
sent prosecution cliiferedfrona others which•had been instituted,
tigitinat persons who laid forged powers of attorney. lie could
only say that the prosecution followed exactly the same 'form
.whiali had always been pursued in similar asses since hehad
had:the liont4ur of assisting the Bank. The prosecution had
always been ibinided on the utterance of a forged deed. It was
important, that in the very last instance of a similar prosecu-
tion, the cane of Mr. Waite, which had been adverted to by his
Learned friend (Mr.'Alley), as having been reported by Mr,
Bingham, the-indiciment was framed in precisely the same
way as the present, with the difference which he would state.-
111,Waite's case the forgery had been committed at Bristol, but
the utterance took' place in' London, and he was tried for that
offence in lliat.COtirt; It therefore was not necessary in Mr.
Waite's indictment to introduce any'counts charging the forg-
ing of the document. The indictment merely charged the
tittering of a forged deed, with intent to defraud the Governor
and Companrofthe Bank of England, and other parties who
might be interested in the deed. His Lordship well knew how
much pains were taken, and how many observations wets:made
by the prisoner's Counsel, and what patient attention the case
received from • the Learned Judges ; but, after all, the unfor-
tunate person underwent the sentence of the law.
Mr. Baron Gmkupw remarked, that one circumstance should
not be forgotteh respecting the case alluded to—nainely, that all
the Judges expressed their approbation of the very able manner
in which it bail been argued on both aides in the Exchequer
Chamber.
___ •

Mr. Serjeant' BOSANQUET resumed.--The uttering of the
instrument in Mr. Fauntleroy's case was founded on the 2d
Geo. IL, but the third count, namely, the disposing of the deed,
was founded on the 45th (leo. 111. , The 2il Gee„ll. made it
a capital offence to forge a deed, or publish as true a forged
deed. It had been argued that a power of attorney was not a
deed within the meaning of the act. If a power of attorney was
not a deed within the meaning of that act now, it could not have
been so at the time it was passed. But he should be glad to
know whether, if a person had been indicted on the Ad (leo. 11.
for uttering a forged power of attorney, it could have been con-
tended that it was not a deed within the meaning of the act, be.
capi
e
e aetuansr
nl
went;
e detranennltcc‘li e
thatet Friends
dt
fhso
113 lare
arguments
omission
um.
mlp.
oeanwntwesraacst
of.
fr
oh,
nttd beginning
attorney.pe ag suppliedsisn enbdiynwgt
eloci he
2:inBnidt aLlideconor
giato
contained no provision for the uttering of a forged instru..
e IL
'There was this fallacy,' which ran through the whole of his
Lthat it bad been supposed that a power of attorney must neces.
sariiy be u deed: A power of attorney might be given under
hand, with or without a seal ; and his landship would recol-
lect,. that in the case which had been adverted to, of the King
and Waite, the whole force of his beamed Friend Mr. CaluP-
bell's argument turned upon that distinction. Mr. Campbell
AA/metaled, mat in that.• particular instance, it was a power Al
attorney by deed, and that therefore it could only be revoked
by deed. It had been contended that the 2d Geo. H. extended
to 'deeds convertible into money, and it was said, that the
words " Securities for money" followed. Those words did not
exist in the Act. The words. which followed `,lYlleeds" were
" will, testament," and then the clause went on to promissory.
notes, &c. Would any one say that a will was a' security for
money ? It was clear that the object of the statute was to
include all instruments under seal delivered. That the power •
of attorney in the present case was an instrument 01 that
description, appeared from the indictment, where it was set
out as sealed, signed,' delivered, and attested by two wit..
nesses. Could It have been contended at the time of the
passing of the Act of George 11., that such an instrument ,
was 'not within the meaning of that statute ? The 45th
Geo. 111, made it a capital offence to dispose of, or put away,
any forged deed, note, &c. It might not lie improper here to
mention a circumstance which occurred in the adjoining Court
not long after the passing of that Act. A person was indicted
by a private prosecutor or uttering and publishing as true a
forged bill of exchange. He ilid not remember the namestof the
parties, for he was not personally concerned in the case. The
46th George 111. contented the words, " disposin of anti put.
ting away, ' but not those of uttering and publishing, as in the
2tt George 111. He suggeated'to his Learned Friend, who was
g
defending the prisoner, that.the 45th of George 111., which
only enacted the disposing" of forged instruments to be ca-
pital, should be taken to supersede-the %I George IL, and that
the latter should be considered as no longer in, force. Hie
friend acted on the suggestion, and made the objection. The
question Wag argued bdore the Judgea, who declared: their nest.
mon that the id George 11. was still in force, and that the effect
of the 46th George HL was not to diminish the security-of the
former Act, but, on the contrary, to extend the operation of
the laws to a greater variety of cases. Ile was not aware that
it was necessary for him to offer any further remarks. He must