The King v Holland Palmer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1784 |
| Date | 01 January 1784 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 279
THE COURT OF KING'S BENCH
S. C 2 East, P. C. 586, 893
case CLXXII the king v. holland palmer. (All papa1, upon the face of which there is a mark resembling the stamp required by the 23 Geo. III. c. 4$, s 20, imposing a stamp-duty on receipts, shall he considered as " paper liable to the said duties ") [S. C 2 East, P. C. 58&, 893 ] At the Old Biiley December Session 1784, Holland Palmer was convicted before Mr. Seijeaut Adair, Recorder, on the statute 23 Geo. Ill c 49, s 20, for uttering 1000 [353] pieces of paper with a counterfeit stamp thereon , but a question of law arose upon, the construction of the statute, and the case was submitted to the consideration of the Twelve Judges. The Statute, sect. 3, enacts, " That for every piece of paper upon which any receipt or other discharge given for the payment of money amounting to two pounds, and not amounting to the sum of twenty pounds, shall be ingrossed, written, or printed, there shall be charged a stamp duty of two-pence " and by sect. 13, the Commisaoners of the Stamp-Duties are ioipowered " to use and provide such stamps for the said duties as shall be requisite m that behalf." It is also enacted by sect. 20, " That 3 any person shall counterfeit or forge, or procure to be counterfeited or forged, any stamp or mark directed or allowed to be used by this Act for the purpose of denolsng th duties aforesaid, with intent to defraud his Majesty, or shall Iraudu-lently me any of the said stamps or marks with the like intent, or shall utter, vend, sell, or expose to sale, any paper liable to the said duties, with any cpunterfeit mark or impression theareon, knowing the same to be counterfeited, such person shall suffer death witliout benefit of clergy." The indictment in the First Count, after stating that a certain stamp was provided by the statute for stamping every piece of paper upon which any receipt or othei discharge given for the payment oi money amounting to two pounds, and not amounting to twenty pounds, should be written or printed, with a stamp of two-pence, charged, That Holland Palmer, intending to defraud his Majesty of such right or duty, unlawfully, fraudulently, and feloniously did utter and expose to sale, to one Hannah Gabriel, 1600 pieces of pape* table to the said duty of two-pence, with a eottftte*feit stamp apon each and every of the said pieces of paper, resembling the of the stamp then and these used in...
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