CORRUPT PRACTICES (DOCUMENTARY) ORDINANCE, 1865

CORRUPT PRACTICES (DOCUMENTARY) ORDINANCE, 1865

No. 4 of 1865.

An Ordinance to prevent cetain corrupt practices in con-
nection with documents. [14th June, 1865.]

1. This Ordinance may be cited as the Corrupt Practices
(Documentary) Ordinance, 1865.

[ss. 2, 3, and 4, rep. No. 11 of 1922.]

* As amended by Law am. Ord., 1923 The repeal by No. 11 of 1922 (Forgery) of
the major portion of this Ordinance, which was called the Forgery Ordinance,
1865, in the New Revised Edition, has necessitated an amendment of the title and
of section 1.





5. Every person who falsely and deceitfully personates-

(1) any owner, of any share or interest of or in any stock,
annuity, or other public fund which now is or hereafter may
be transferable at any bank or public office in this Colony; or

(2) any owner of any share or interest of or in the capital
stock of any bank or of any body corporate, company, or
society which now is or hereafter may be established by
charter or by, under, or by virtue of any Act of Parliament
or Ordinance; or

(3) any owner of any dividend or money payable in respect
of any such share or interest as aforesaid; or

(4) any owner of any money deposited in any savings
bank in this Colony,
and thereby transfers or endeavours to transfer any share or
interest belonging to any snch owner, or thereby, receives or
endeavours to receive any money due to any such owner, as
if such offender were the true and lawful owner, shall be.
guilty of felony, and shall be liable to imprisonment for life.

[s.6, rep. No. 11 of 1922].

7. Every person who-
(1) wilfully makes any false entry in, or wlfully altes
any word or figure in, any of the books of account kept at
any savings bank in this Colony or by any body corporate,
company, or society which now is or hereafter may be
established by charter or by, under, or by virtue of any Act
of Parliatment or Ordinance, in which books the accounts of
the owners of any money deposited in suchsavings bank or
of any stock of any such body corporate are entered and
kept; or

(2) in any manner wilfully falsifies any of the accounts of
any such owners in any of the said books; or.

wilfully makes any transfer of any share or interest of
or in any such deposit or stock in the name of any person not
being the true and lawful owner of such share or interest,

with intent in any of the cases aforesaid to defrauid, shall be,
guilty of felony, and shall be liable to imprisonment for
life.







8. Every person who, being a clerk, officer, or servant of,
or other person employed or entrusted in the business of
Savings bank in this Colony or by any such body corporate,
company, or society as aforesaid, knowingly, makes out or
delivers any dividend warrant, or, warrant for payment of
any interest or money, for a greater or less amount than the
person on whose behalf such warrant is made out is entitled
to, with intent to defraud, shall be of feloiiy, and shall
be liable to imprisonment for any term not exceeding seven

[ss. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22
23, 24, 25, 26, 27, 28 and 29, rep. No. 11 of 1922.]

30. Every person who-

(1) being the clerk of any court or other officer having the
custody of the records of any court, or being the deputy of
any such clerk or officer, utters any false copy or certificate
of any record knowing the same to be false; or
[(2), (3), (4), (5) and (6), rep. No. 11. 1922.]

(7) delivers or causes to be delivered to any person any
paper falsely purporting to be any process of court or a copy
thereof, or to be any judgment, decree, or order of any
court, or a copy thereof, knowing the same to be false; or

(8) acts or professes to act under any such false process,
knowing the same to be false,

shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding sevell years.

[ss. 31, 32, 33 and 34, rep. No. 11 of 1922.]

35. Every person who, without lawful authority or excuse,
in the name of any other person, acknowledges any recogni-
zance or bail, or any judgment, or any deed or other instru-
ment, before any court, judge, or other person lawfully
authorised in that behalf, shall be guilty of feonly, and shall
be liable to imprisonment for any term not exceeding seven
years.

[s. 35, rep. No. 11 of 1922.]

As amended by No. 11 of 1922 and Law Am. Ord., 1923.


37. Every person who-

(1) unlawfully destroy,s defaces, or injures, or causes or
permits to be destroyed, defaced, or injured, any register of
births, baptisms, marriages, deaths, or burials which is by
law authorised or required to be kept in this Colony, or any
part of any such register, or any certified copy of any such
register, or any part thereof; or

[(2), rep. No. 11 of 1922.]

(3) knowingly and unlawfully inserts or causes or permits
to be inserted in any such register, or in any certified copy
thereof, any false entry of any matter relating ot any birth,
baptism, marriage, death, or burial; or

(4) knowingly and unlawfully gives any false certificate
relating to any birth, baptism, marriage, death, or burial; or

(5) certifies any writing to be copy of or extract from
any such regigster, knowing such writing, or the part of such
register whereof such copy or extract is so given, to be false
in any material particular; or

[(6), rep. No. 11 of 1922.]


(7) officers, utters, disposes of, or puts off any such register,
entry, certified copy, or certificate, knowing the same to be
false; or

(8) officer, utters, disposes of, or puts off any copy of any
entry in any such register, knowing such entry to be false,

shall be guilty of felony, and shall be liable to imprison-
ment for life.

38. Every person who-

(1) knowingly and wilfully inserts, or causes or permits
to be inserted, in any register directed or reuquired by law to
be transmitted to any registrar or other offier any false entry
of any matter relating to any baptism, marriage, or burial; or

[ (2), rep. No. 11 of 1922.]

(3) knowingly and wilfully signs or verifies any copy of
any register so directed or required to be transmitted as

* As amended by No. 11 of 1922.





aforesaid, which copy is false in any part thereof, knowing
the same to be false; or

(4) unalwfully destroys, defaces, or injures, or for any
fraudulent purpose takes form its place of deposit or conceals,
any such copy of any register,

shall be guilty of felony, and shall be liable to imprisonment
for life.
[ss. 39, 40 and 41, rep. No. 11 of 1922.]
[ss. 42 and 43, rep. No. 17 of 1919.]

44. Where an intent to defraud is one of the constituent
elements of an offenc punishable under this Ordinance, it
shall not be necessary to prove an intent to defraud any
particular person, but it shall be sufficient to prove that the
accused did the act charged with intent to defraud.

[ss. 45 and 46, rep. No. 11 of 1922.]

[s. 47, rep. No. 50 of 1911.]


48. Where, by any enactment now in force, any person-

(1) falsely making, foring, counterfeiting, erasing, or
altering any maatter whatsoever, or uttering, punlishing,
offering, disposing of , putting away, or making use of any
matter whatsoever, knowing the same to have been falsely
made, forged, counterfeited, erased, or altered, or any person
demanding or endeavouring to receive or have any thing,
or ot do or cuase to done any act, upon or by virtue of
any matter whatsoever, knowing such matter to have been
falsely made, forged, counterfeited, erased, or altered; or

(2) falsely personating anther, or falsely acknowledging
any thing in the name of another, or falsely representing
any other perosn than the reals party to be such real party,
or wilfully making a false entry in any book, account, or
document, or in any manner wilfully falsifying any part of
any book, account, or document, or wilfuly making a
transfer of any stock, annuity, or fund in the name of any
person not being the owner thereof, or knowingly taking
any false oath, or knowingly making any false affidavit, or
emanding or receiving any money or other thing by virtue


* As amended by No. 17 of 1919 and No. 11 of 1922.









of any probate or letters of administration, knwoing the will
on which such probate has been obtained to be false or
forged, or knowing such probate or letters of administration
to have been obatined by means of any false oath; or

(3) making or using, or knowingly having in his custody
or possession, any frame, mould, or instrument for the
making of papeer, with certain words visible in the substance
thereof, or any person making such paper or causing certain
words to appear visible in the substance of any paper.

would, according to the provisions contained in any such
enactment, be guilty of felony, nd would before the passing
of the Act 1 William 4, chapter 66, have been liable to
suffer death as a felon, then, and in each of the several cases
aforesaid, if any person is convicted of any such felony, or
of aiding, abetting, counselling, or procuring the commission
thereof, and the same is not punshable under any of the
other provision of this Ordinance, he shall be liable to
imprisonment for life.

49.-(1) In the case of every felony punishable under
this Ordinance, every principal in the second degree, and
every accessory before the act, shall be punishable in the
same manner as the principal in the first degree is by this
Ordinance punishable.

(2) Every accessory after the fact to any felony punishable
under this Ordinance shall be liable to imprisonment for
any term not exceeding two years.

(3) Every person who aids, abets, counsels, or procures
the commission of any misdemeanor punishable under this
Ordinance shall be liable to be proceeded against, indicted,
and punished as a principal offender.

50.-(1) Whenever any person is convicted of a mis-
demeanor under this Ordinance , it shall be lawful for the
court, in additionto or in leiu of any of the punishments
authorised by this Ordinance, to fine the offender, and to
require him to enter into his own recognizance, and to find
sureties both or either, for keeping the peace and being of
good behaviour.

(2) In all cases of feonlies mentioned in the Ordinance,
it shal be lawful for the court to require the offender to

* As amended y Law Rew. Rd., 1923


enter into his own recognizances, and to find sureties, both
or either, for keeping the peace,in addition to any of the
punishments authorised by this Ordinance : Provided that
no person shall be imprisoned under this section for not
finding sureties for any term exceeding one year.

[ss. 51 and 52, rep. No. 30 of 1911.]
[Originally No. 6 of 1865, No. 17 of 1919, No. 11 of 1922, Law Rev. Ord., 1924.] Short title. Personating owner of stock, and transferring or receiving dividend thereon. 24 & 25 Vict.c. 98, s. 3. Making false entry in bank book, etc. 24 & 25 Vict.c. 98, s. 5. Making out false dividend warrant by bank clerk. 24 & 25 Vict.c. 98, s. 6. Uttering, deliverying or acting under false copy or certificate of record or process of court. 24 & 25 Vict.c. 98, s. 28. Acknowledging recognizance, etc., in name of another. 24 & 25 Vict.c. 98, s. 34. Destruction of register of births, etc. 24 & 25 Vict.c. 98, s. 36. Making false entry in copy of register sent to registrar. 24 & 25 Vict.c. 98, s. 37. Intent to defraud particular person need not be proved. Punishment of forgeries which were capital before 1 Will. 4, c. 66, and not otherwise punishable under the Ordinance. 24 & 25 Vict.c. 98, s. 48. Principal in second degree, accessories and abettors. 24 & 25 Vict.c. 98, s. 49. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 98, s. 51.

[Originally No. 6 of 1865, No. 17 of 1919, No. 11 of 1922, Law Rev. Ord., 1924.] Short title. Personating owner of stock, and transferring or receiving dividend thereon. 24 & 25 Vict.c. 98, s. 3. Making false entry in bank book, etc. 24 & 25 Vict.c. 98, s. 5. Making out false dividend warrant by bank clerk. 24 & 25 Vict.c. 98, s. 6. Uttering, deliverying or acting under false copy or certificate of record or process of court. 24 & 25 Vict.c. 98, s. 28. Acknowledging recognizance, etc., in name of another. 24 & 25 Vict.c. 98, s. 34. Destruction of register of births, etc. 24 & 25 Vict.c. 98, s. 36. Making false entry in copy of register sent to registrar. 24 & 25 Vict.c. 98, s. 37. Intent to defraud particular person need not be proved. Punishment of forgeries which were capital before 1 Will. 4, c. 66, and not otherwise punishable under the Ordinance. 24 & 25 Vict.c. 98, s. 48. Principal in second degree, accessories and abettors. 24 & 25 Vict.c. 98, s. 49. Fine and sureties for keeping the peace. 24 & 25 Vict.c. 98, s. 51.

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