FORGERY ORDINANCE

FORGERY ORDINANCE

CHAPTER 209.

FORGERY.

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.

2. In this Ordinance

'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 the 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;

'die' includes any plate, type, tool, chop or implement
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;

'document of title to goods' includes any bill of lading, India
warrant, dock warrant, godown warrant, warehouse
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,;

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;

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;

'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;

'stamp' includes a stamp impressed by means of a die as well as an
adhesive stamp;

'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 money, or any accountable receipt
release' or ischarge, or any receipt or other instrument. evidencing
the payment of money or the delivery of any chattel personal.

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 Ordinance 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 mark 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 do 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 imprisonment for fourteen
years .





(a)any valuable security or assignment thereof or indorsement
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;

(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;

(f) any policy of insurance or any assignment thereof or
indorsement thereon;

(g) any charter party or any assignment thereof;

(h) any declaration, warrant, order, affidavit, affirmation,
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, committed with intent to defraud or deceive, shall be
felony and punishable with imprisonment for life, if committed in
respect of any document whatsoever having thereupon or affixed
thereto the stamp or impression of 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.

(2) Forgery of the following documents, if committed with intent to
defraud or deceive, shall be felony and punishable with imprisonment
for 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;

(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
Government.

(3) Forgery of the following documents, if committed with intent
to defraud or deceive, shall be felony and punishable with
imprisonment for 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 administer an
oath under the Commissioners for Oaths Act, 1889, is
authorized or required by law to make or issue;

(f) 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) any 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 under 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;

(l)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.

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 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 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.

(2) Forgery of the following seals, if committed with intent to
defraud or deceive shall be felony and punishable with
imprisonment for 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, committed with intent to defraud or deceive,
shall be felony and punishable with imprisonment for seven
years, if committed in respect of 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
imprisonment for 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, or the Governor or the head of any department
of the Government of the 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) Any 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. Any person 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

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

(b)under, upon or by virtue of any probate or letters
of administration, knowing the will, testament,
codicil or testamentary 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,
shall be guilty of felony and on conviction thereof shall
be liable to imprisonment for fourteen years.

10. (1) Any person 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, shall
be guilty of felony and on conviction thereof shall be liable to
imprisonment for fourteen years.

(2) Any person 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 shall be guilty of felony and on
conviction thereof shall be liable to imprisonment for seven years.

(3) Any person 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 shall be guilty of a misdemeanor and on conviction thereof
shall be liable to imprisonment for three years.

11. Any person 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; or

(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,

shall be guilty of felony and on conviction thereof shall be liable to
imprisonment for seven years.





12. Any 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.

13. (1) On conviction 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 Ordinance, 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 keeping 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 an 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

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

(b)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

(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 material 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 be used for the
forgery of a bank note, is lawfully seized under a warrant
granted in pursuance of subsection (i) or otherwise, the bank
note, machinery, implement, utensil or material, as the case may
be, shall, notwithstanding anything in subsection (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 whom 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 tinder this Ordinance shall be in addition to
and not in substitution for his liability tinder 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 Ordin-
ance, proceedings may be taken either tinder such other
Ordinance or under this Ordinance.

18. Every felony punishable in England under section
48 of the Forgery Act, 1861, shall, if committed in this
Colony and not otherwise punishable tinder this or any
other Ordinance for the time being in force, be punishable
with imprisonment for life.
Originally 11 of 1922. Fraser 11 of 1922. Short title. 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 cont.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. [s. 4 cont.] (19 & 20 Geo. 5, c. 29). 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. 42 & 43 Vict. C. 28. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. (19 & 20 Geo. 5, c. 29). [s. 5 cont.] (52 Vict. C. 10). (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. [s. 8 cont.] 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. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. [s. 16 cont.] Savings. 3 & 4 Geo. 5, c. 27, s. 19. Punishment of forgeries not otherwise punishable under this Ordinance. (24 & 25 Vict. C. 98).

Originally 11 of 1922. Fraser 11 of 1922. Short title. 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 cont.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. [s. 4 cont.] (19 & 20 Geo. 5, c. 29). 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. 42 & 43 Vict. C. 28. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. (19 & 20 Geo. 5, c. 29). [s. 5 cont.] (52 Vict. C. 10). (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. [s. 8 cont.] 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. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. [s. 16 cont.] Savings. 3 & 4 Geo. 5, c. 27, s. 19. Punishment of forgeries not otherwise punishable under this Ordinance. (24 & 25 Vict. C. 98).

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