the parish of and county aforesaid, did enter, and him the said M B. of the aforesaid, whereof the said M B, at the time of the entry aforesaid was seized in fee, unlawfully disseized and ejected, and the said from him to said M B, unlawfully, with strong hand and armed power, do yet hold, and from him detain, against the form of the statute in such case made and provided; whereupon the same M B, then, to wit, on the said day of prayeth of us, so as aforesaid being justices, to him in this behalf, that a due remedy be provided, according to the form of the statute aforesaid. Which complaint and prayer by us therefore, the said justices, being heard, we, the aforesaid E P and W T, justices aforesaid, to the aforesaid, personally have come, and do then and there find and see the aforesaid D T, W G, &c. the aforesaid with force and arms, unlawfully, with strong hand and armed power, detaining, against the form of the statute in such case made and provided, according as he the said M B so as aforesaid complained. Therefore, it is considered by us, the aforesaid justices, that the aforesaid D T, W G, &c. of the detaining aforesaid, with strong hand, by our own proper view, then and there as aforesaid, are convicted, and each (or every of them) is convicted, according to the form of the statute. In witness whereof we, the said E P and W T, the justices aforesaid, to this record our hands and seals do set, at the county aforesaid, on the day of in the of the commonwealth. year (E) Indictment for a forcible entry and detainer, at common law. in the The jurors, &c. upon their oath, present, that J G, of &c. T F, of &c. together with divers others, disturbers of the peace of the commonwealth (whose names to the jurors aforesaid are yet unknown) on the day of year of the commonwealth, with force and arms, at aforesaid, in the county aforesaid, unlawfully and injuriously did enter into (here describe the lands or tenements) then and there being in the possession of one A J, and that the said JG and T F, together with the said other disturbers of the peace, then and there, with force and arms, unlawfully and injuriously did expel, remove, and put out the said A J, from the possession of the said and the said A J, so as aforesaid expelled, removed, and put out from the possession of the said then and there, with force and arms, unlawfully and injuriously did keep out, to the great damage of him the said A J, and against the peace and dignity of the commonwealth. (F) On the statute. county, to wit: The jurors, &c. upon their oath, present, that A J, late of the parish of in the county aforesaid, on the day of in the year of the commonwealth, was possessed of a certain messuage, with the appurtenances, situate, lying, and being in the parish and county aforesaid, for a certain term of years, then and still to come and unexpired, and being so possessed thereof, one A O, of the said county, afterwards, to wit, the said day of in the year aforesaid, into the same messuage, with the appurtenances aforesaid, in the parish and county aforesaid, with force and arms, and with strong hand, unlawfully did enter, and the said A J, from the peaceable possession of the said messuage, with the appurtenances aforesaid, then and there, with force and arms, and with strong hand, unlawfully did expel and put out, and the said A J, from the possession thereof, so as aforesaid, with force and arms, and with strong hand, being unlawfully expelled and put out, the said A O, him the said A J, from the aforesaid in the year aforesaid, until the day of the taking this inquisition, from the possession of the said messuage, with the appurtenances aforesaid, with force and arms, and with strong hand, unlawfully and injuriously then and there did keep out, and still doth keep out, to the great damage of the said A J, against the peace and dignity of the commonwealth, and against the form of the statute in that case made and provided. day of N. B. If the person expelled has a freehold, then he must, instead of being possessed, be said to be seized in fee; and of course, instead of being expelled, removed, &c. as, when held by lease, he must be said to be disseized. FORESTALLING. AT the common law, all endeavours whatsoever to enhance the common price of any merchandise, and all kinds of practices which have an apparent tendency thereto, whether by spreading false rumours, or by buying things in a market before the accustomed hour, or by buying and selling again the same thing in the same market, or by any other such like devices, are highly criminal, and punishable by fine and imprisonment. Haw. B. 1. c. 80, sect. 1, 5. The statutory provisions, on this subject, in Virginia, having from long disuse become more a matter of curiosity than real utility, a history only will be attempted. At the first settlement of Virginia, when the supplies of the inhabitants were drawn from England, it was of serious importance to prevent the ingrossing of commodities, and forestalling the market. Accordingly, in the session of 1629, an act passed to prevent ingrossing and forestalling (see 1 vol. Stat. at Large, 150.) which was further enforced by an act of 1631. (Ibid. p. 166.) At the same session, all the statutes of England against forestallers and engrossers were adopted. (Ibid. p. 172.) In 1632, further restrictions were imposed (Ibid. p. 190.) and forestalling defined, by an act, which was nearly copied from the stat. 5 and 6 Edw. 6. c. 14. (Ibid. p. 194. and see Leach's Haw. 7th edit. vol. ii. p. 322.) In 1633, the purchasing of cer tain enumerated articles, to sell again, was prohibited (see 1 vol. Stat. at Large, p. 217.) which law was re-enacted in the revisal of 1648. (Ibid. p. 245.) But in 1645, all acts against ingrossing were repealed. Ibid p. 296. From the year 1645 to 1777, no mention is made in our statutebook of any laws to prevent forestalling. Probably the same reason which led to enacting them, at the first settlement of the colony, gave rise to their re-enaction at this time, when the pressure of the war, the infancy of our domestic manufactures, added to the uncertain supplies of some of the necessaries of life (particularly salt) rendered such laws as important as at any former period of our existence. Thus, in 1777, an act passed" to prevent forestalling, regrating, ingrossing, and public vendues," which, like the act of 1632, was, in its most essential parts, taken from the stat. 5 and 6 Edw. 6. above mentioned. (See Laws of Virg. edit. 1785, p. 65.) This act, though in force, had become so obsolete, that it was not even noticed in the revised bills of 1792. At the session of 1792, however, so much of it, as prevented the sale of goods, wares, and merchandises, at public vendue, was repealed; but that repealing act was omitted in the first volume of the Revised Code. See Acts of 1792, ch. 22, p. 83. and Rev. Code, vol. ii. App. No. IX. p. 177. FORFEITURE. AMONG the many important changes made in our laws, since the American revolution, the abolition of the odious and inhuman law of forfeiture is not the least to be admired. While humanity shuddered at the idea of reducing to distress and poverty an innocent and helpless wife and children, for the crimes of the husband or father, experience taught that the example of such cruel and unjust severity did not deter others from the commission of similar acts. From this conviction the legislature of Virginia, in the year 1789, first abolished all the forfeitures which formerly accrued to the commonwealth, on the conviction or attainder of a person for treason or felony. See 1 Rev. Code, p. 106, sect. S1, 32. There are, however, some forfeitures in cases not criminal, which act immediately on the person of the offender, that deserve to be noticed here: As, "If a wife willingly leave her husband, and go away and continue with her adulterer, she shall be barred for ever of action to demand her dower, that she ought to have of her husbands's lands, if she be convict thereupon, except that her husband willingly, and without coertion, reconcile her, and suffer her to dwell with him; in which case she shall be restored to her action." 1 Rev. Code, p.171. sect. 10. So, "If any tenant by the curtesy, tenant in dower, or otherwise, for term of life or years, shall commit waste during their several estates or terms, of the houses, woods, or any other thing belonging to the tenements so held, without special licence in writing so to do, they shall be subject respectively to an action of waste, and shall moreover lose the thing wasted, and recompence the party injured, in three times the amount at which the waste shall be assessed. 1 Rev. Code, 277. With respect to the forfeiture of slaves held in dower, see title SLAVES. FORGERY. FORGERY is an offence both at common law and by statute. Forgery at the common law is an offence, in falsely and fraudulently making or altering any manner of record, or any other authentic matter of a public nature; as a parish register, or any deed, will, privy seal, certificate of holy orders, and the like. 1 Hawk. 182, 184. As for writings of an inferior nature, as private letters and such like, the counterfeiting them is not properly forgery, therefore, in some cases, it may be more safe to prosecute such offenders as for a misdemeanor as cheats. For by reason of the uncertainty of opinions, concerning proper forgeries at common law, indictments are more generally upon the statutes, and very few on the common law. See CHEAT. But if the indictment be at the common law, and the offender is convicted, he may be pillored, fined and imprisoned. Wood, B. 3. ch. 3. 1 Hawk. 184. "If any person shall falsely make. forge, or counterfeit, or causeor 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 the payment of money or tobacco, or other valuable thing, or any acquittance or receipt, either for money or tobacco, or other valuable thing, or any indorsement or assignment of any bond, writing obligatory, bill of exchange, promissory note, for the payment of money or tobacco, or other valuable thing, with intention to defraud any person or persons whatsoever, or any corporation, or shall utter or publish as true any faise, forged, or counterfeited deed, will, testament, bond, writing obligatory, bill of exchange, promissory note, for the payment of money or tobacco, or other valuable thing, acquittance or receipt for money, tobacco, or other valuable thing, with intention to defraud any person or persons whatsoever, or any corporation, knowing the same to be false, forged or counterfeited, then every such person, being thereof legally convicted, shall be deemed ng guilty of felony, and shall suffer death as a felon, without benefit of clergy. (1 Rev. Code, p. 320.) But these offence of forgery not being enumerated in the penitentiary laws, are punishable by confinement therein, not less than one or more ten years. See 1 Rev. Code, p. 320. If any person shall forge or coun eit, alter or erase, any certificate or warrant, issued by any personoperly authorised either by Congress or the Legislature of this state, for the payment of money, or sh be aiding or assisting the in, or shall demand payment thereof, kp the same to be forged, counterfeited, altered or erased, or staff transfer any such certificate or warrant, knowing the same to se forged, or counterfeited, altered or erased; or shall forge or counterfeit, alter or crase any certificate whatever, for the purpose of obtaining a settlement of money from any person, properly authorised either by Congress or the Legislature of this State, or shall be aiding or assisting therein, or shall require settlement thereon, or transfer the same, knowing it to be forged, counterfeited, altered or erased, the person so offending, and legally convicted, shall suffer death without benefit of clergy. 1 Rev. Code, p. 249, sect. 3. If any person shall forge or counterfeit, alter or erase the stamp or receipt of any inspector of flour or hemp, or tender in payment any such forged or counterfeited, altered or erased receipt, knowing it to be such, and shall thereof be convicted, he shall suffer death without benefit of clergy. Ibid. sect. 4. He shall be adjudged a felon, and not have the benefit of clergy, who shall forge or counterfeit, alter or erase the stamp or receipt of any inspectors of tobacco, or shall cause it to be so done, or shall assist therein, or shall pass or tender, or cause to be passed or tendered, any such in payment or exchange, knowing the same to be forged, counterfeited, altered or erased, or shall have in his possession any inspector's stamp or receipt, which hath been altered or erased, knowing the same; and shall not discover such stamp or receipt to two justices, within five days after they shall have come to his possession, or shall export, or cause to be exported, any hogshead or cask of tobacco, stamped with a forged or counterfeited stamp, or shall receive or demand tobacco of an inspector upon any forged or counterfeited, altered or erased stamp or receipt, knowing such stamp or receipt to be forged or counterfeited, altered or erased. Ibid. sect. 5. He shall be adjudged a felon, and not have the benefit of clergy, who shall steal. or by any other means take from the possession of another, any warrant from the register of the land office of this commonwealth, to authorise a survey of waste and unappropriated lands; or who shall alter, erase, or aid or assist in the alteration or erasement of any such warrant; or forge or counterfeit, or aid, abet, or assist, in forging or counterfeiting any written or printed paper, purporting to be such warrant; or who shall transfer to the use of another, or for his own use present, or cause to be presented to the register, for the exchange thereof, or to a surveyor, for the execution thereof, any such warrant, or paper purporting to be such warrant, knowing the same to be sto. len, or altered, or erased, or forged or counterfeited. And he or she shall be adjudged a felon, and not have the benefit of clergy, who shall falsely make or counterfeit, or aid, abet, or assist in safely keeping, or |