FORGERY ORDINANCE, 1922

FORGERY ORDINANCE, 1922

No. 9 of 1922, incorporated in No. 10 of 1900.

No. 10 of 1922, incorpoTated in No. 2 Of 1866,
.repealed by No. 6 of 1929 and Law
Revision Ordinance, 1937.

No. 11 of 1922.

An Ordinance to consolidate, simplify and amend the law
relating to forgery and kindred offences.

[9th June, 1922.]

1. This Ordinance may be cited as the Forgery Ordinance,
1922.

2.(1) In this Ordinance,

(a) ' Bank note ' includes any note or bill of exchange
of the Bank of England or Bank of Ireland, or of any other
person, body corporate or company carrying on the business of
banking in any part of the world, and includes bank bill, bank
post bill, blank bank note, blank bank bill of exchange and
blank bank post bill.

Currency notes issued by or on behalf of the Government
of the United Kingdom or of any country outside the United
Kingdom shall be deemed to be bank notes within tile meaning
of this Ordinance.

' Currency notes ' includes any notes (by whatever name
called) which are legal tender in the country in which they are
issued ;

As amended by Ne. 11 of 1924 [14.11.24] and Law Rev. Ord., 1939,
Supp. Sched





(b) ' Die ' includes any plate, type, tool, chop or imple-
ment whatsoever, and also any part of any die, plate, type, tool,
chop or implement, and any stamp or impression thereof or any
part of such stamp or impression ;

(c) ' Docurnent of title to goods '. includes any bill of
lading, India warrant, dock warrant, godown warrant, ware-
house keeper's certificate, warrant or order for the delivery or
transfer of any goods or valuable thing, bought or sold note,
or any other document used in the ordinary course of business
as proof of the possession or control of goods, or authorizing or
purporting to authorize either by indorsement or by delivery the
possessor of such document to transfer or receive any goods
thereby represented or therein mentioned or referred to;

(d) ' Document of title to lands ' includes any deed,
map, roll, register or instrument in writing being or containing
evidence of the title or any part of the title to any land or to
any interest in or arising out of any land, or any authenticated
copy thereof;

(e) ' Revenue paper ' means any paper provided by the
proper authority for the purpose of being used for stamps,
licences, permits, post office money orders or postal orders, or
for any purpose whatever connected with the public revenue;
(f) ' Seal ' includes any stamp or impression of a seal or
any stamp or impression made or apparently intended to
resemble the stamp or impression of a seal, as well as the seal
itself ;

(g) ' Stamp includes a stamp impressed by means of a
die as well as an adhesive stamp;

(h) ' Valuable security ' includes any writing entitling or
evidencing the title of any person to any share or interest in any
public stock, annuity, fund or debt of any part of His Majesty's
dominions or of any foreign state, or in any stock, annuity, fund
or debt of any-body corporate, company or society, whether
within or without His Majesty's dominions, or to any deposit in
any bank, and also includes any scrip, debenture, bill, note,
warrant, order or other security for the payment of money, or
any accountable receipt, release or discharge, or any receipt or
other instrument evidencing the payment of money or the
delivery of any chattel personal.





(2), References in this Ordinance to any Act in force in the
United, Kingdom at the commencement of this Ordinance shall
be held to include a reference to that 'Act as amended, extended
or applied by any other Act.

3.-(1) For the purposes of this Ordinance, forgery is the
making of a false document in order that it may be. used as
genuine, and in the case of the seals and dies mentioned in this
Ordinance the counterfeiting of a seal or die, and forgery with
intent to defraud or deceive, as the case may, be, is punishable as
in this Ordinance provided.

(2) A document is false within the meaning of this Ordin-
ance if the whole or any material part thereof purports to be
made by or on behalf or on account of a person who did not
make it nor authorize its making ; or if, though made by or on
behalf or on account of the person by whom or by whose
authority it purports to have been made, the time. or place of
making, where either is material, or in the case of a document
identified by number or mark, the number or any distinguishing
ma~k. identifying the document, is falsely stated'therein ; and in
particular a document is false-

(a) if any material alteration, whether by addition, insertion,
obliteration, erasure, removal or otherwise, has been made
therein

(b) if the whole or some material part of it purports to be
made by or on behalf of a fictitious or deceased person ;

(c) if, though made in the name of an existing person, it is
made by him or by his authority with the intention that it should
pass as having been made by some person, real or fictitious,
other than the person who made or authorized it.

3) For the purposes of this Ordinance-

(a) it is immaterial in what language a document is
expressed- or in what place within or without His Majesty'.s
dominions it is expressed to take effect;

(b) forgery of a document may be complete even if the
document when forged is incomplete, or is not or does not
purport to be such a document as would be. binding or sufficient
in law; and





(c) the crossing on any cheque, draft on a banker, post
office money order, postal order, coupon or other document the
crossing of which is authorized or recognized by' law, shall be a
material part of such cheque, draft, order, coupon or document.

4.-(1) Forgery of the following documents, if committed
with intent to defraud, shall be felony and punishable with
imprisonment for life-

(a) any will, codicil or other testamentary document, either
of a dead or of a living person, or any probate or letters of
administration, whether with or without the will annexed;

(b) any deed or bond, or any assignment at law or in equity
of any deed or bond, or any attestation of the execution of any
deed or bond;

(c) any bank note, or any indorsement on or assignment of
any bank note;

(2) Forgery of the following documents, if committed with
intent to defraud, shall be felony and punishable with imprison-
ment for any term not exceeding fourteen years-

(a) any valuable security or assignment thereof or indorse-
ment thereon, or where the valuable. security is a bill of
exchange, any acceptance thereof;

(b) any document of title to lands or any assignment thereof
or indorsement thereon;

(c) any document of title to goods or any assignment
thereof or indorsement thereon

(d) any power of attorney or other authority to transfer any
share or interest in any stock, annuity or public fund ' of the
United Kingdom or any part of His Majesty's dominions or of
any foreign state or country or to transfer any share or interest
in the debt of any public body, company or'society, British or
foreign, or in the capital stock of any such company or society,
or to receive any dividend or money payable in respect of such
share or interest or any attestation of any such power of
attorney or other authority;

As amended by No. 11of 1924 [14.11.24] and Law Rev. Ord., 1939,
Supp. Sched.





(e) any entry in any book or register which is evidence of
the title of any person to any share or interest hereinbefore
mentioned or to any dividend or interest payable in respect
thereof;
any policy of insurance or any assignment thereof or
indorsemeAt thereon ;

(g) any charter party or any assignment thereof;
(h) any declaration, warrant, order, affidavit, dffirmation,
certificate or other document required or authorized to be made
by or for the purposes of the Government Annuities Act, 1929,
or by the National Debt Commissioners acting under the
authority of the said Act;
(i) any certificate, certificate of valuation, sentence or decree
of condemnation or restitution, or any copy of such sentence or
decree, or any receipt required by the Slave Trade Acts.*

5.-(1) Forgery of the following documents, if committed
with intent to defraud or deceive, shall be felony and punishable
with imprisonment for life-

any document whatsoever having thereupon or affixed thereto
the stamp or impression of the Great Seal of the United King-
dom, His Majesty's Privy Seal, any privy signet of His Majesty,
His Majesty's Royal Sign Manual, any of His Majesty's seals
appointed by the twenty-fourth Article of the Union between
England and Scotland to be kept, used and continued in
Scotland, the Great Seal of Ireland, the Privy Seal of Ireland
or the public seal of the Colony.

(2) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony and punishable with
imprisonment for any term not exceeding fourteen years---

(a) any register or record of births, baptisms, namings,
dedications, marriages, deaths, burials or cremations, which
.now is or hereafter may be by law authorized or required to be
kept in. the Colony, relating, to any birth, baptism, naming,
dedication, marriage, death, burial or cremation, or any part of
any such register, or any certified copy of any such register or
of any part thereof;

As amended by Law Rev. Ord., 1939, Supp. Sched.
5 Geo. 4, c. 113, 6 & .7 Vict. c. 98, 36 & 37 Vict. c. 59, 36 & 37 Vict.
c. 88, 39 & 40 Vict. c. 46, and 42 & 43 Vict. c. 38.





(b) any copy of any register of baptisms, marriages, burials
or cremations, directed or required by law to be transmitted to
any registrar or other officer ;

(c) any register of the birth, baptism, death, burial or
cremation of any person to be appointed a nominee under the
provisions of the Government Annuities Act, 1929, or any copy
or certificate of any such register, or the name of any witness to
any such certificate;

(d) any wrapper or label provided by or under the authority
of the Governor or the head of any department of the Govern-
ment of the Colony.

(3) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony and punishable with
imprisonment for any term not exceeding seven years-

(a) any official document whatsoever of or belonging to any
court of justice, or made or issued by any judge, magistrate,
officer or clerk of any such court;

(b) any register or book kept under the provisions of any
law in or under the authority of any court of justice

(c) any certificate, office copy or certified copy of any such.
document, register or book or of any part thereof;

(d) any document which any magistrate is authorized or
required by law to make or issue;

(e) any document which any person authorized to adminis-
ter an oath under the Commissioners for Oaths Act, 1889, is
authorized or required by law to make or issue;

any document made or issued by an officer of state or
law officer of the Crown, or any document upon which, by the
law or usage at the time in force, any court of justice or any
officer might act;

(g) any document or copy of a document used or intended
to be used in evidence in any court of record, or any document
which is made evidence by law;

(h) auy certificate required by any enactment for the
celebration of marriage ;





(i) any licence for the celebration of marriage which may
be given by law;

(j) any certificate, declaration'or order under any enactment
relating to the registration of births or deaths

(k) any register book, builder's certificate, surveyor's
certificate, certificate of registry, declaration, bill of sale,
instrument of mortgage or certificate of mortgage or sale tinder
Part I of the Merchant Shipping Act, 1894, or any entry or
indorsement required by the said Part of the said Act to be made
in or on any of those documents;

(1) any permit, certificate or similar document made or
granted by or under the authority of the Governor or the head
of any department of the Government of the Colony.

6.-(1) Forgery of any document which is not made felony
under this or any other enactment for the time being in force,
if committed with intent to defraud, shall be a misdemeanor and
punishable with imprisonment for any term not exceeding three
years.

(2) Forgery of any public document which is not made
felony under this or any other enactment for the time being
in force, if committed with intent to defraud or deceive, shall be
a misdemeanor and punishable with imprisonment for any term
not exceeding three years.

7.-(1) Forgery of the following seals, if committed with
intent to defraud or deceive, shall be felony and punishable with
imprisonment for life-

(a) the Great Seal of the United Kingdom, His Majesty's
Privy Seal, any privy signet of His Majesty, His Majesty's
Royal Sign Manual, any of His Majesty's seals appointed by
the twenty-fourth Article of the Union between England and
Scotland to be kept, used and continued in Scotland, the Great
Seal of Ireland, the Privy Seal of Ireland or the public seal of
the Colony,.

(b) the seal of any court of record.

As amended by No. 25 of 1930 [5.12.30] and Law Rev. Ord., 1939, Supp. Sched.





(2) Forgery of the following seals, if committed with intent
to defraud or deceive, shall be felony and punishable with
-imprisonment for any term not exceeding fourteen years-

(a) the seal of any register office relating to births,
baptisms, marriages or deaths;

(b) the seal of or belonging to any office for the registry of
deeds or titles to lands.

(3) Forgery of the following seal, if committed with intent
to defraud or deceive, shall be felony and punishable with
imprisonment for any term. not exceeding seven years-

the seal of any court of justice other than a court of record.

(4) Forgery of the following seals or dies, if committed
with intent to defraud or deceive, shall be felony and punishable
with imprisonnient'for any, term not exceeding seven years-

(a) any seal or die provided, made or used by or under the
authority of the Government of any part of His Majesty's
dominions, the Government of any foreign country, the Governor
or the head of any department of the Government of this Colony;

(b) any seal or die provided, made or used by any person,
firm or company for the purpose of the affairs of such. person,
firm or company.

8.-(1) Every person who utters any forged document,
seal or die shall be guilty of an offence of the like degree
(whether felony or misdemeanor) and on conviction thereof
shall be liable to the same punishment as if he himself had
forged the document,. seal or die..

(2) A person utters a forged document, seal or die, who,
knowing the same to be forged, and with either of the intents
necessary.to constitute the offence of forging the said document,
seal or die, uses, offers, publishes, delivers, disposes of, tenders
in payment or in exchange, exposes for sale or exchange,
exchanges, tenders in evidence or puts' off the said forged
document, seal or die.

(3) It is immaterial where the document, seal or die was
forged.





9. Every person shall,be guilty of felony and on conviction
thereof' shall be liable to imprisonment for any term not
exceeding fourteen years, who, with intent to defraud, demands,
receives or obtains, or causes. or procures to be delivered, paid
or transferred to any person, or endeavours to receive or obtain
or to cause or procure to be delivered, paid or transferred to any
person any money, security for money or other property, real
or personal-

(1) under, upon or by virtue of any forged instrument
whatsoever, knowing the same to be forged; or

(2) under, upon or by virtue of any probate or letters of
administration, knowing the will, testament, codicil or testamen-
tary writing on which such probate or letters of administration
have been obtained to have been forged, or knowing such,probate
or letters of administration to have been obtained by any false
oath, affirmation or affidavit.

10.-(i) Every person shall be guilty.of felony and on
conviction thereof shall be liable to imprisonment for any term
not exceeding fourteen years, who without lawful authority or
excuse purchases or receives from any person, or has in his
custody or possession, a forged bank note, knowing the same
to be forged.

(2) Every person shall be guilty of felony and on conviction
thereof shall be liable to imprisonment for any term not
exceeding seven years, who, without lawful authority or excuse
and knowing the same to be forged, has in his custody or
possession any forged seal or die the forgery of which with
intent to defraud or deceive is made punishable by section 7.

(3) Every person shall be guilty of a misdemeanor and on
conviction thereof shall be liable to imprisonment for any term
not exceeding three years, who, without lawful authority or
excuse and knowing the same to be forged, has in his custody
or possession any forged document the possession of which is
not. made illegal under this or any other enactment for the time
being in force.

Asamended by No. 11 of 1924 [14.11.24] and Law Rev. Ord., 1939,
Supp. Sched.
As amended by Law Rev. Ord., 1939, Supp. Sched,





11. Every person shall be guilty of felony. and on conviction
thereof shall be liable to imprisonment for any term not
exceeding seven years, who without lawful authority or
excuse-

(a) makes, uses or knowingly has in his custody or
possession any paper intended to resemble and pass as-

(i) special paper such as is provided and used for making
any bank note;

(ii) revenue paper;

(b) makes, uses or knowingly has in his custody or
possession any frame, mould or instrument for making such
paper, or for producing in or on such paper any words, figures,
letters, marks, lines or devices peculiar to and used in or on any
such paper;

(c) engraves or in anywise makes upon any plate, wood,
stone or other material any words, figures, letters, marks, lines
or devices, the print whereof resembles in whole or in part any
words, figures, letters, marks, lines or devices peculiar to, and
used in or on any bank note, or in or on any document entitling
or evidencing the title of any person to any share or interest in
any public stock, annuity, fund or debt of any part of His
Majesty's dominions or of any, foreign state, or in any stock,
annuity, fund or debt of any body corporate, company or society,
whether within or without His Majesty's dominions;

(d) uses or knowingly has in his custody or possession
any plate, wood, stone or other material upon which any such
words, figures, letters, marks, lines or devices have been

engraved or in anywise made as aforesaid;

(e) uses or knowingly has. in his custody or possession any
paper upon which any such words, figures, letters, marks, lines
or devices have been printed or in anywise made as aforesaid.

12. Every person who knowingly and wilfully aids, abets,
counsels, causes, procures or commands the commission of an
offence punishable under this Ordinance shall be liable to be
dealt with, indicted, tried and punished as a principal offender.
As amended by No. 11 of 1924 [14.11.24] and Law Rev. Ord., 1939,
Supp. Sched.





13.-(1).On convichion of a misdemeanor punishable under
this Ordinance, the court or magistrate, instead of or in addition
to any other punishment which may be lawfully imposed, may
fine the offender.

(2) On conviction of a felony punishable under this Ordin-
ance, the court or magistrate, in addition to imposing a sentence
of imprisonment, may require the.offender to enter into his own
recognizances, with or without sureties, for keeping the peace
and being of good behaviour.

(3) On conviction of a misdemeanor punishable under this
Ordinance, the court or magistrate, instead of or in addition
to any other punishment which may lawfully be imposed for
the offence, may require the offender to enter into his own
recognizances, with or without sureties, for keepin- 'the peace
and being of good behaviour.

(4) No person shall be imprisoned under this'section for
more than one year for not finding sureties.

14. Where the having any document, seal or die in the
custody or possession of any, person is in this Ordinance
expressed to be an offence, a person shall be deemed to have
a document, seal or die in his custody or possession if he-

(1) has it in his personal custody or possession; or

(2) knowingly and wilfully has it in the actual custody or
possession of any other person, or in any building, lodging,
apartment, field or other place, whether open or inclosed, and
whether occupied by himself or not.

It is immaterial whether the document, matter or thing is
had in such custody, possession or place for the use of such
person or for the use or benefit of another person.

15.-(1) If it is made to appear by information on oath
before a magistrate that there is reasonable' cause to believe
that any person has in his custody or possession without lawful
authority or excuse-

(a) any bank note; or

As amended by No, 11 of 1924 [14.11.24], No. 20 of 1936 [15.5.36] and
Law Rev. Ord., 1939, Supp. Sched. ,





(b) any implement for making paper or imitation of the
paper used for bank notes: or

(c) any material having thereon any words, forms, devices
or characters capable of producing or intended to produce the
impression of a bank note; or

(d) any forged document, seal or die; or

(e) any machinery, implement, utensil or inaterial used or
intended to be used for the forgery of any document,

the magistrate may grant a warrant to search for the same; and
if the same is found on search, it shall be lawful to seize it and
carry it before a magistrate to be by him disposed of according
to law.

(2) Every document, seal or die lawfully seized under such
warrant shall be defaced and destroyed or otherwise disposed
of-

(a) by order of the court or magistrate before which or
whom the offender is tried; or

(b) if there be no trial, by order. of a magistrate.

(3) Where any forged bank note, or any machinery,
implement utensil or material used or intended to he used for
the forgery of a bank note, is lawfully seized under a warrant
granted in pursuance of sub-section (1) or otherwise, the bank
note, machinery, implement, utensil or material,.as the case may
be, shall, notwithstanding anything in sub-section (2), be
delivered up to the Financial Secretary or to any person
authorized by him for the purpose, by order of the court or
magistrate before which or whoni the offender is tried or, if
there be no trial, by order of a magistrate.

16.-(1) In an indictment or information for an offence
against this Ordinance with reference to any document, seal
or die, it is sufficient to refer to the document, seal or die by
any name or designation by, which it is usually known or by
its purport, without setting out any copy or facsimile of the
whole or any part of the document, seal or die.

(2) Where an intent to defraud or an intent to deceive is
one of the constituent elements of an offence punishable under





this Ordinance, or under any other enactment relating to forgery or any
kindred offence for the time being in force, it shall not be necessary to prove
an intent to defraud or deceive. any particular person; and it shall be
sufficient to prove that the defendant did the act charged with intent to
defraud or to deceive, as the case may require.

(3) If any person who is a member of any co-partnership, or is.one of
two or more beneficial owners of any, property, forges any document, matter
or thing with intent to defraud the co-partnership or the other beneficial
owners, he is liable, to be dealt with, indicted, tried and punished as if he had
not been or was not a member of the co-partnership, nor one of such
beneficial owners.

17.(1) Where an offence against this Ordinance also by virtue of some
other enactment subjects the offender to any forfeiture or disqualification, or
to any penalty other than imprisonment or fine, the liability of the offender
to punishment under this Ordinance shall be in addition to and not in
substitution for his liability under such other enactment.

(2) Where an offence against this Ordinance is also an offence under
the terms of any other Ordinance, whether passed before or after the
commencement of this Ordinance, proceedings may be taken either under
such other Ordinance or under this Ordinance.

18. Every felony punishable in England under section 48 Of the Act 24
and 25 Victoria, chapter 98, shall, if committed in this Colony and not
otherwise punishable under this or any other Ordinance for the time being in
force, be punishable with imprisonment for life.



* As amended by No. 33 of 1935 [6.9.351.
[Originally No.11 of 1922. No. 11 of 1924. No. 25 of 1930. No. 33 of 1935. No. 20 of 1936. Law Rev. Ord., 1939.] Interpretation. 3 & 4 Geo. 5, c. 27, s. 18.* 4 & 5 Geo. 5, c. 14, s. 1 (5). 25 & 26 Geo. 5, c. 25, s. 1. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. [cf. No. 8 of 1937, s. 8 (4).] Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2.* 19 & 20 Geo. 5, c. 29. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3.* [s. 5 contd.] 19 & 20 Geo. 5, c. 29. 57 & 58 Vict. C. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5.* Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals and dies. 3 & 4 Geo. 5, c 27, s. 8.* Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9.* Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16.* 25 & 26 Geo. 5, c. 25, s. 2. From of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19. Punishment of forgeries not otherwise punishable under this Ordinance.*

[Originally No.11 of 1922. No. 11 of 1924. No. 25 of 1930. No. 33 of 1935. No. 20 of 1936. Law Rev. Ord., 1939.] Interpretation. 3 & 4 Geo. 5, c. 27, s. 18.* 4 & 5 Geo. 5, c. 14, s. 1 (5). 25 & 26 Geo. 5, c. 25, s. 1. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. [cf. No. 8 of 1937, s. 8 (4).] Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2.* 19 & 20 Geo. 5, c. 29. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3.* [s. 5 contd.] 19 & 20 Geo. 5, c. 29. 57 & 58 Vict. C. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5.* Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals and dies. 3 & 4 Geo. 5, c 27, s. 8.* Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9.* Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16.* 25 & 26 Geo. 5, c. 25, s. 2. From of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19. Punishment of forgeries not otherwise punishable under this Ordinance.*

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