FORGERY ORDINANCE, 1865
Title
FORGERY ORDINANCE, 1865
Description
ORDIANCE No. 4 OF 1865.
Forgery Ordinance, 1865.
AN ORDINANCE to consolidate and amend the Laws relating to
Indictable Offences by Forgery.
[14th June, 1865]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Forgery Ordinance, 1865.
2. Every person who-
(1.) forges or counterfeits, or utters, knowing the same to be forged
or counterfeited, the great Seal of the United Kingdom, Her
Majesty's Privy seal, any Privy signet of Her Majesty, Her Ma-
jesty's royal sign Mannal, any of Her Majesty's Seals appointed
by the twenty-fourth Article of the Union Between England
and Scotland to be keept, used, and continued in Scotland, the
Great Seal of ireland, the Privy Seal of Ireland, or the Public
Seal of this Colony; or
(2.) forges or counterfeits the stamp or impression of any of the seals
aforesaid; or
(3.) utters any document or instrument whatsoever having thereon or
affixed thereto the stamp or impression of any such forged or coun-
terfeited seal, knowing the smae to be the stamp or impression of
such forged or counterfeited seal, or any forged or counterfeited
stamp or impression made or appartently intended to resemble the
stamp or impression of any of the seals aforesaid, knowing the
same to be forged or counterfeited; or
(4.) forges or alters, or utters, knowing the same to enb forged ot
altered, any document or instrument having any of the said stamps
or impressions thereon or affixed thereto,
shall be guilty of felony, and, being convicted thereof, shall be liable,
at the discretion of the Court, to imprisonment with hard labour for
life or for any term not less than three years ot to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement.
3. Every person who-
(1.) forges or counterfeits, or utters, knowing the same to be forged
or counterfeited, the seal of any public officer, office, or department
in this Colony, or the seal of any body corporate in this Colony;
or
(2.) forges or counterfeits the stamp or impression of any such seal;
or
(3.) utters any document or instrument whatsoever having thereon or
affixed thereto the stamp or impression of any such forged or
counterfeited seal, knowing the same to eb the stamp or impression
of such forged or counterfeited seal, or any forged or counterfeited
stamp or impression made or apparently intended to resemble the
stamp or impression of any of the seals aforesaid, knowing the
same to be forged or counterfeited; or
(4.) forges or alters, or utters, knowing the smae to be forged or
altered, any document or instrument having any of the said stamps
or impressions thereon or affixed thereto,
shall be guilty of felon, and, being convicted thereof, shall be liable, at
the discretion of the Court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
4. Every person who-
(1.) forges or alters, or offers, utters, disposes of , or puts off, knowing
the same to be forged or altered, any transfer 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 of any body
corporate, company, or society which now is or hereafter may be
establised by charter or by, under, or by virtue of any Act of
Parliament or Ordinance; or
(2.) forges or alters, or offers, utters, disposes of, or puts off, knowing
the same to be forged or altered, any power of attorney or other
authority to transfer any share or interest of or in any such stock,
annuity, public fund, or capital stock, or to receive any dividend
or money payable in respect of any such share or interest; or
(3.) demands or endeavours to have any such share or interest trans-
ferred, or to receive any dividend or money paybale in respect
thereof, by virtue of any such forged or altered power of attorney
or other authority, knowing the same to be forged or altered.
with intent in any of the cases aforesaid to defraudm, shall be guilty of
felony, and, being convicted with hard labour for life or for any term not
less than three years or to imprisonment for any term not exceeding two
years, with or without hard labour and with or without sloitary confine-
ment.
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 the 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 ot interest
belonging to any such owner, or thereby received or endeavours to re-
ceive any lawful owner, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the disctetion of the court, to imprisonment
with hard labour for life or for any ferm not less than three years or to
imprisonment for any term not exceeding two years, with or without hard
labour and with or without solitaryt confinement.
6. Every person who--
(1.) forges any name, handwriting, or signature purporting to be the
name, handwriting, or siguature of a witness attesting the execution
of any power of attorney or other authority to transfer any share
or interest of or in any such stock, annuity, public fund, or capital
stock as is mentioned in either of the last two preceding sections,
or to receive any dividend or money payable in respect of any
such share or interest; o
(2.) offers, utter, disposes of, or putes off any such power of attorney
or other authority, with any such forged name, handwriting, or
signature thereon, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the disctetion of the Court, to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to im-
prisonment for any term not exceeding two years, with or without hard
labour and with or without solitary confinement.
7. Every person who--
(1.) wilfully makes any false entry in, or wilfully alters any word or
figure in, any of the books of account kept at any saving 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 Parliament or Ordinance, in which
books the accounts of the owners of any money deposited in such
savings bank or of any stock of any such body corporate are
entered and kept; or
92.0 in any manner wilfully falsifies any of the accounts of any such
owners in any of the said books; or
(3.) wilfully makes any transfer of any share ot 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 defraud, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the disctetion of
the Court, to imprisonment with hard labour for life or for any term not
less than three years or to imprisonment for any term not exceeding
two years, with or without hard labour and with or without solitary
confinement.
8. Every oersib who, being a clerk, officer, or servant of or other
person employed or entrusted in the business of any savings bank in
this Colony or by any such body corporate, company, or society as afore-
said, 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 guilty of felony, and, being convicted thereof,
shall be liable, at the discretion of the Court, to imprisonment with hard
labour for any term not exceeding seven years and not less than three
years or to imprisonment for any term not exceeding two years, with
or without hard labour and with or withour solitary confinement.
9. Every person whoforges or alters, or offers, utters, disposes of, or
puts off, knowing the same to be forged or altered, any bond, debenture,
coupon, or security issued or made under the authority of any Act of
Parliament or Ordinance passed or to be passed for the raising of any
loan or for any other purpose relating to the public service, or any indorse-
ment on or assignment ot any such bond, debenture, coupon, or security,
with intent to defraud, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for life or for nay term not less than three years or to
imprisonment for any term not exveeding two years, with or without
hard labour and with our without solitary confinement.
10. Every person who forges or alters, or offers, utters, disposes of,
or puts off, knowing the same to be forged or altered, any exchequer hill,
bond, or debenture, or any indorsement on or assignment of any ex-
chequer bill, bond, or debenture, or any receipt or certificaate for in-
terest accuring thereon, with intent to defraud, shall be guily of felony
and, being convicted thereof, shall be liable, at the disctetion of the
Court, to imprisonment with hard labour for life or for any term not less
than three years or to imprisonment for any term not exceeding two
years, with or without hard labour and with or without solitary confine-
ment.
11. Every person who, without lawful authority or excuse (the proof
whereof shall lie on such person), makes, or causes or procures to be made, or aids or assists in making, or knowingly has in his custody or
possession any frame, mould, or instrument having therein any word,
letter, figures, marks lines, or devices peculiar to and appearing in the
subatance of any paper proviede or to be provided or used for exchequer
bills, bonds or debentures, or any machinery for working any threads
into the substance of any paper, or any such thread, and intend to
imitate such words, letters, figures, marks, lines, threads, or devices, or
any plate peculiarly employed for printing such exchequer bills, bonds,
or debentures, or any die or seal peculiarly used ofr preparing any such
plate or for sealing such exchequer bills, bond, or debentures, or any
plate, die or seal intended to imitate any such plate, die, or seal as
aforesaid, shall be guilty of felony, and, geing convicted thereof, shall be
liable, at the discretion of the court, to imprisonment with hard labour
for any term not exceeding seven years and not less than three years or
to imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
12 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) makes, or causes or prcures to be made, or aids or assists in
making any paper in the substance of which appear any words,
letters, figures, marks, lines, threads, or other devices peculiar to
and appearing in the substance of any paper provided or to be provided or
used for ushc exchequer bills, bonds, or debentures, or any
part of such words, leters, figures, marks, lines, threads, or other
devices, and intended to imitate the same; or
(2) knowingly has in his custody or possession any paer whatsoever
in the substance whereof appear any such words, letters, figures,
marks, lines, threads, or devices as aforesaid, or any parts of such
words, letters, figures, marks, lines, threads, or other devices, and
intended to imitate the same; or
(3) causes or assists in causing any such words, letters figures, marks,
lines, threads, or devices as aforesaid, or any part of such words,
letters, figures, marks, lines, threads, or other devices, and intended
to imitate the same, to appear in the substance of any paper whatever; or
(4) takes or assists in taking any impression of any such plate, die,
or seal as is mentioned in the last preceding section,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to imprisonment
for any term not exceeding two years, with or without hard
labour and with or without solitary confinement. 13 every person who, wihtout lawful authority or excuse (the proof
whereof shall lie on such person), purchases, or receives, or knowinly
has in his custody or possession any paper manufactured and
provided by or udner the directions of the commissioners of inland revenue or commissioners of her majesty's treasury for the purpose
of being used as exchequer bills, bonds, or debentures, before such
paper has been duly stamped, signed , and issued for public use, or any
such plate, die, or seal as is mentioned in the last two proceeding sections,
shall be guilty of a misdemeanor, and, being convicted thereof, shall be
liable, at the discretion of the court, to imprisonment for any term not
exceeding three years, with or without hard labour.
Forgery of Bank Notes.
14 every person who fores or alters, or offers, utters, disposes of
or puts off, knowing the same to be forged or altered, any note or bill of
exchange of the governor and company of the bank of england, or
of the governor and company of the bank of ireland, or of any other
body corporate, company, or person carrying on the business of bankers,
commonly called a bank note, a bank bill of exchange, or a bank post
bill, or any indorsement on or assigment of any bank note, bank bill
of exchange, or bank post bill, with intent to defraud, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion of
the court, to imprisonment with hard labour for life or for any term
not less than three years or to imprisonment for any term not exceeding
two years, with or without hard labour and with or without solitary
confinement.
15 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person), purchases or receives from any
other person, or has in his custody or possession, any forged bank note,
bank bill of exchange, or blank bank post bill, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, shall be liable,
at the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not ess than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour.
Making and Engraving Plates, etc., for Bank Notes, etc.
16 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) makes, or uses, or knowingly has in his custody or possession any
frame, mould, or instrument for the making of paper with the
words'bank of england' or 'bank of ireland,' or any part of
such words intended to resemble and pass for the same, ? in
the substance of the paper, or for the making of paer v?ved
or waving bar lines, or wiht the laying wire lines thereof in
a waving or curved shape, or with any number, sum, or amount
expressed in a word or words in roman letters, visible in the
substance of the paper, or with any device or distinction peculiar
to and appearing in the substance of the paper used by the governor
and company of the banks of england and ireland respectively
for any notes, bills of exchange, or bank post bills of such
banks respectively; or
(2) makes, uses, sells, exposes to sale, utters, or disposes of, or knowingly
has in his custody or possession, any paper whtsoever with
the words 'bank of england' or 'bank of ireland,' or any part
of such words intended to resemble and pass for the same, visible
in the substance of the paper, or any paper with curved or waving
bar lines, or with the laying wire lines thereof in a waving or
curved shape, or with any number, sum, or amount expressed in a
word or words in roman letters, appearing visible in the substance
of the paper, or wiht any device or distinction peculiar to and appearing
in the substance of the paper used by the governor and
company of the banks of england and ireland respectively for any
notes, bills of exhcange, or bank post bills of such banks respectively; or,
(3) by any art or contrivance, causes the words 'bank of england'
or 'bank of ireland,' or any part of such words intended to
resemble and pass for the same, or any device or distinction peculiar
to and appearing in the substance of the paper used by the governor
and company of the banks of england and ireland respectively for
any notes, bills of exchange, or bank post bills of such banks respectively,
to appear visible in the substance of any paper; or
(4) causes the numberial sum or amount of any bank note, bank bill
of exchange, or bank post bill, or blank bank note, bank bill
of exchange, or bank post bill, or blank bank note, blank bank bill
letter, to appear visible in the substance ofthe paper whereon the
same is written or printed,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion ofthe court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years, with or without hard
labour.
17 nothing in the last preceding section shall prevent any person
from issuing any bill of exhcange or promissory note having the amount
thereof expressed in guineas, or in a numerial figure or figures denoting the amount thereof in pounds sterling, appearing visible in the substance
of the paper wheron the same is written or printed, or shall prevent any
person from making, using, or selling any paper having waring or
curved lines or any other devices in the nautre of watermards visible in
the substance of the paper, not being bar lines or laying wire lines, provided
the same are not so contrived as to formed the groundwork or texture
of the paper , or to resemble the waving or curved laying wire lines or
bar lines or the watermarks of the paper, used by the governor and
company ofthe banks of england and ireland respectively.
18 every person who, without lawful authority or excuse (the proof whereof
shall lie on such person),-
(1) engraves or in anywise makes upon any plate whatsoever or
upon any wood, stone, or other material, any promissory note, bill
of exchange, or bank post bill, or part of a promissory note, bill of
exchange, or bank post bill, purporting to be a bank note, bank
bill of exchange, or bank post bill of the governor and company of
the bank of england, or of the governor and company of the
bank of ireland, or of any other body corporate, company, or
person carrying on the business of bankers, or to be a blank bank
note, blank promissory note, blank bank bill of exchange, or blank
bank post bill of the governor and company of the bank of
england, or of the governor and company of the bank of ireland,
or of any such other body corporate, company, or person as aforesaid,
or to be a part of a bank note, promissory note, bank bill of
exhcnage, or bank post bill of the governor and company of the
bank of england, or of the governor and company of the bank
of ireland, or of any such other body corporate, company, or person
as aforesaid, or any name, word, or character eresembling or
apparently intended to resemble any subsciption to any bill of
exchange or promissory note issued by the governor and company of
the ank of england, or by the governor and company of the
bank of ireland, or by any such other body corporate, company,
or person as aforesaid; or
(2) uses any such plate, wood, stone, or other material, or any other
instrument or device, for the making or printing any bank note,
bank bill of exchange, or bank post bill, or blank bank note, blank
bank bill of exchange, or blank bank post bill, or part of a bank
note, bank bill of exchange, or bank post bill, or knowingly has in
his custody or possession any such plate, wood, stone, or other
material or any such instrument or device; or
(3) knowingly offers, utters, disposes of, or puts off, or has in his
custody or possession, any paper upon which any blank bank note,
blank bank bill of exchange, or blank bank post bill of the governor and company
of the bank of england, or of th governor
and company of the bank of ireland, or of any such other body
corporate, company, or person as aforesaid, or part of a bank note,
bank bill of exchange, or bank post bill, or any name, word, or
character resembling or apparently intended to resemble any such
subscription, is made or printed,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the ocurt, to imprisonment with hard labour for any
term not exceeding fourteen years and not less then three years or to
imprisonment ofr any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
19 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) engraves or in any wise makes upon any plate whatsoever, or
upon any wood, stone, or other material, any word, number, figure,
device, character, or ornament the impression taken from which
resembles or is apparently intended to resemble any part of a bank
note, bank bill of exchange, or bank post bill of the governor and
company of the bank of england, or of the governor and company of the
bank of ireland, or of any other body corporate,
company, or person carrying on the business of bankers; or
(2) uses, or knowingly has in his custody or possession, any such
plate, wood, stone, or other material, or any other instrument or
device for th impressing or making upon any paper or other
material any word, number, figure, character, or ornament which
resembles or is apparently intended to resemble any part of a bank
note, bank bill of exchange, or bank post bill of the governor and
company of the bank of england, or of the governor and company of
the bank of england, or of the governor and company
of the bank of ireland, or of any such other body corporate,
company, or person as aforesaid; or
(3) knowingly offers, utters, disposes of, or puts off, or has in his
custody or possession, any paper or other material upon which
there is an impression of any such matter as aforesaid,
shall be guilty of felony, and, being convicted therof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not lessthan three years or to
imprisonment for any term not exceeding two years, with or without hard
labour and with or without solitary confinement.
20 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) makes or uses any frame, mould, or instrument for the manufac-
ture of paper, with the name or firm of any body corporate, company,
or person carrying on the business of bankers (other than
and except the banks of england and ireland respectively), appearing visible in the
substance of the paper; or
(2) knowingly has in his custody or possession any such frame, mould,
or instrument; or
(3) makes, uses, sells, exposes to sale utters, or disposes of, or knowingly has
in his custody or possession, any paper in the substance
of which the name or frim of any such body corporate, company, or
person appears visible; or,
(4) by any art or contrivance, causes the name or firm of any such
body corporate, company, or person to appear visible in the substance
of the paper upon which the same is written or printed,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years, with or without hard
labour and with or wihtout solitary confinement.
21 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) engraves or in anywise makes upon any plate whatsoever, or upon
any wood, stone, or other material, any bill of exhcage, preomissory
note, undertaking, or order ofr payment of money, or any part
of any bill of exhcange, promissory note, undertaking, or order for
payment of money, in whatsoever language the same may be
expressed, and whether the same is or is not, or is or is not intended
to be, under seal, purporting to be the bill, note, undertaking, or
order, or part f the bill, notem, undertaking, or order, of any foreign
prince or state, or of any minister or officer in the service of any
foreign pricne or state, or of any body corporate or body of the
like nature constituted or recognized by any foreign prince or
state, or of any person or company of persons resident in any country
not in her majesty's dominions; or
(2) uses, or knowingly has in his custody or possession, any plate,
stone, wood, or other material upon whoch any such foreign bill,
note, undertaking, or order, or any part thereof, is engraved or
made; or
(3) knowingly offers, utters, disposes of, or puts off or has in his
custody or possession, any paper upon which any part of any such
foreign bill, note, undertaking, or order is made or printed,
shall be guilty of felony, and, being convicted thereof, shall be laibale, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment ofr any term not exceeding two years, with or without hard
labour and with or without solitary confinement.
Forgery of Deeds, Wills, Bills of Exchange, etc.
22 every person who, with intent ot defraud,-
(1) forges or alters, or offers, utters, disposes of, or puts off, knowing
the same to be foreged or altered, any deed, or any bond or wirting
obligatory, or any assignment at law or in equity of any such bond
or wirting obligatory; or
(2) forges any name, handwriting, or signature of a witness attesting
the execution of any deed, bond, or writing obliatory; or
(3) offers, utters, disposes of, or puts off any deed, bond, or writing
obligatory having thereon any such forged name, handwriting, or
signature, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, sall be liable,
at the discretion of the court, to imprisonment with hard labour for
life or for any term not less than three years or to imprisonment of
any term not less than three years or to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement.
23 every person who, with intent to defraud, forges orutters, or
offers, utters, disposes of, or puts off, knowing the same to be forged or
altered, any will testament, codicil, or testamentary instrument shall
be guilty of felony, and being convicted thereof, shall be liable, at the
discretion of the court, to imprisonment with hard labour for life or for
any term not less than three years or to imprisonment for any term not
exceeding two years, with or without hard labour and with or without
solitary confinement.
24 every person who, with intent to defraud, forges or alaters, or
offers, utters, disposes of, or puts off, knowing the same to be forged or
altered, any bill of exchange or any acceptance, indorsement, or assignment
of any bill of exchange, or any promissory note for the payment of
money or any indorsement or assignemtn of any such promissory note,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years, with or without hard labour and with or without
solitary confinement.
25 every person who forges or alters, or offers, utters, disposes of,
or puts off, knowing the same to be forged or altered, any undertaking,
warrant, order, authority, or request for the payment of money, or for
the delivery or transfer of any goods or chattels or of any note, bill, or
other security for the payment of money or for procuring or giving
credit, or any indorsement on or assignemnt of any such undertaking,
warrant, order, authority, or request, or any accountable receipt, acquittance,
or receipt for money, or for goods, or for any note, bill, or other
security for the payment of money, or any indoersementon or assignment
of any such accountable receipt, with intent, in any of the cases aforesaid,
to defraud, shall be guilty of felony, and, eing convicted thereof, shall
be liable, at the discretion of the ocurt, to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment for
any term not exceeding two years, with or iwhtout hard labour and wit
or without solitary confinement.
26 every person who, with intent to defraud,-
(1) draws, amkes, signs, accepts, or indorses any bill of exchage or
promissory note or any undertaking, warrant, order, authority, or
request for the payment of money, or for the delivery or transfer
of goods or chattels or of any bill, note, or other security for
money by procuration or otherwise, for, in the name, or on the
acount of any other person without lawful authority or excuse; or
(2) offers, utters, disposes of, or puts off any such bill, note, undertaking,
warrant, order, authority, or rquest so drawn, made,
signed, accepted, or indorsed by prcuration or otherwise without
lawful authority or excuse as aforesaid, knowing the same to have
been so drawn, made, signed, accepted, or indorsed as aforesaid,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding 14 years and not less than 3 years or to
imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
27 whenever any cheque or draft on any banker is crossed with the
name of a anker or with two transverse lines with the words 'and
company' or any abbreviation thereof, every person who-
(1) obliterates, adds, to, or alters any such crossing; or
(2) offers, utters, disposes of, or puts off any cheque or draft whereon
any such obliteration, addition, or alteration has been made,
with intent in any of the cases aforesaid to defraud, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion
of the court, to imprisonment with hard labour for life or for any term
not less than three years or to imprisonment ofr any term not exceeding
2 years, with or without hard labour and with or wihtou solitary
confinement.
28 every person who fraudulently forges or alters, or offers, utters,
disposes of, or puts off, knowing the same to be foreged or fraudulently
altered, any debenture issued under any lawful authority whatsowever,
either within her majesty's dominions or elsewhere, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion of
the court, to imprisonment with hard lbour for any term not exceedin
14 years and not less than 3 years or to imprisonment for any
term not exceeding two years, with or without hard labour and wiht
or iwhtout solitary confinement.
Forgery of Records, Process, Instruments of Evidence, etc.
29 every person who forges or fraudulently alters, or offers, utters
disposes of, or puts off, knowing the same o be forged or fraudulently
altered, any record, writ, return, panel, process, rule, order, warrant,
interrogatory, deposition, affidavit, affirmation, declaration, recognizance,
cognorit actionem, or warrant of attorney, or any original document
whatsowever of or belonging to any court of record, or any bill, petition,
process, notice, rule, answer, pleading, interrogatory, depostition, affidavit,
affirmation, declaration, report, order, or decree or any original document
whatsoever of or belonging to any court of equity or court of vict-
admiralty in this colony, or any document or writing or any copy of
any document or writing used or inteded to be used as evidence in any
court mentioned in this section, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for any term not exceeding 7 years and
not less than 3 years or to imprisonment for any term not exceeding
2 years, with or without hard labour and with or without solitary
confinement.
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) not being such clerk, officer, or deputy, signs or certifies any
copy or certificate of any record as such clerk, officer, or deputy; or
off, knowing the same to be forged or fraudulently altered, any
copy or certificate of any record, or offers, utters, disposes of, or
puts off any copy or certificate of any record having thereon any
false or forged name, handwriting, or signature, knowing the same
to be false or forged; or
(4) forges the seal of any court of record in this colony; or
(5) forges or fraudulently alters any process of any court other than
such courts as are mentioned in the last preceding section; or
(6) serves or enforces any forged process of any court whatsoever,
knowing the same to be forged; or
(7) delivers or causes ot be delivered to any person any paper falsely
purporting to be any such process, or a copy thereof, or to be any
judgment, decree, or order of any court of law of equity, 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 , being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to imprisonment
for any term not exceeding 2 years, with or without hard
labour and with or without solitary confinement.
31 every person who forges or fraudulently alters, or offers, utters,
disposes of, or puts off, knowing the same to be foreged or fraudulently
altered, any instrument, whether written or printed or partly written and
partly printed, which is made evidence in this colony by any act of
parliament or ordinance passed or to be passed, and for which ofence
no punishment is herein provided, shall be guilty of felony, and being
convicted thereof, shall be liable, at he discretion of the court, to imprisonment
with hard labour for any term not exceeding 7 years
and not less than 3 years or to imprisonment for any term not exceeding 2 years,
with or without hard labout and with or without
solitary confinement.
Forgery of Registers of Deeds.
32 every person who-
(1) forges or fraudulently alters, or offers, utters, disposes of, or puts
off, knowing the same to be forged or fraudulently altered, any
memorial, affidavit, affirmation, declaration, entry, certificate, indorsement,
document, or writing made or issued under the provisions
of any ordinance passed or to be passed for or relating to the
registry of deeds; or
(2) forges or counterfeits the seal of or belonging to any office for the
registry of deeds or any stamp or impression of any such seal; or
(3) forges any name, handwriting, or signature purporting to be the
name, handwriting, or signature of any person to any such memorial, affidavit,
affirmation, declaration, entry, certificate, indorsement,
document, or writing, which is required or directed to be
signed by or by virture of any act of parliament or ordinance
passed or to be passed; or
(4) offers, utters, disposes of, or puts off any such memorial or other
writing as in this section before mentioned, having thereon any such
forged stamp or impression of any such seal, or any such forged name, handwriting, or signature, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding 14 years and not less than 3 years or to
imprisonment ofr any term not exceeding 2 years, with or without
hard labour and with or without solitary confinement.
Forgery of Process of Justices of the Peace.
33 every person who, with intent to defraud, forges or alters, or
offers, utters, disposes of, or puts offs off, knowing the same to be forged
or altered, any summons, conviction order, or warrant of any justice
of the peace, or any recgnizance purporting to have been entered
into before any justice of the peace or other officer authorized to take
the same, or any examination, deposition, affidavit, affirmation, or solemn
declaration taken or made before any justice of the peace or any
commissioner appointed to administer oaths, shall be guilty of felony,
and, being convicted thereof, shall be liable, at the discretion of the
court, to imprisonment with hard labour for the term of 3 years or
to imprisonment for any term not exceeding 2 years, with or without
hard labour and with or without solitary confinement.
Forgery of Official Signatures.
34 every person who, wih intent to defraud,-
(1) forges or alters any certificate, report, entry, licence, permit,
indorsement, direction, authority, instrument, or writing made or
purporting or appearing to be made by the governor or colonial
secretary, or by the colonial treasurer, auditor general, or any
officer of customs, or by any officer of any court in this colony,
or the name, handwriting or signature of the governor, colonial
secretary, colonial treasurer, auditor general, officer of customs, or
officer as aforesaid; or
(2) offers, utters, disposes of , or puts of any such certificate, report,
entry, licence, permit, indorsement, direction, authority, instrument,
or wirting, knowing the same to be forged or altered,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment wiht hard labour for any
term not exceeding fourteen years and not less than 3 years or to
imprisonment for any term not exceeding 2 years, with or iwhtout
hard labour and with or without solitary confinement.
Falsely acknowledging Recognizances, etc.
35 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person), in the name of any other person,
acknowledges any recognizance or bail, or any judgment, or any deed or
other instrument, before any court, judge, or other person lawfully
authorized in that behalf, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for any term not exceeding seven years and not less
3 years or to imprisonment ofr any term not exceeding 2 years,
with or without hard labour and iwht or without solitary confinement.
Forgery of Marriage Licences
36 every person who forges or fraudulently alters any licence of
or certificate for marriage, or offers, disposes of, or puts off any
such licence or cerificate, knowing the same to be forged or fraudulently
altered, shall be guilty of felony, and, being convicted thereof shall
be liable, at the discretion of the court, to imprisonment with hard
labour for any term not exceeding 7 years and not leass than three
years or to imprisonment for any term not exceeding 2 years, with
or without hard labour and with or without solitary confinement.
Forgery of Registers of Births, etc.
37 every person who-
(1) unlawfully destroys, defaces, or injures, or causes or permits to
destroyed, defaced, or injured, any register of births, baptisms,
marriages, deaths, or burials which now is or hereafter may be by
law authorized 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) forges or fraudulently alters in any such register any entry
relating to any birth, baptism, marriage, death, or burial, or any
part of any such register, or any certified copy of any such register, or
any part thereof; or
(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 to any birht, 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 a copy of or extract from any such
register, knowing such writing, or the prt of such register whereof
such copy or extract is so given, to be false in any material
particualr; or
(6) forges or counterfeits the seal of or belonging to any register
office or burial board; or
(7) offers, utters, disposes of, or puts off any such register, entry,
certified copy, certificate, or seal, knowing the same to be false,
forged, or altered; or
(8) offers, utters, disposes of, or puts off any copy of any entry in
any such register, knowing such entry to be false, forged, or
altered,
shall be guilty of felony, and, being convicted therof, shall be liable,
at the discretion of the court, to imprisonment with hard labour for
life or for any term not less than 3 years or to imprisonment for any term
not exceeeding 2 years, with or without hard labour and with or without
solitary confinement.
38 every person who-
(1) knowingly and wilfully inserts, or causes or permits to be inserted,
in any register directed or required by law to be transmitted
to any registrar or other officer any false entry of any matter
relating to any baptism, marriage, or burial; or
(2) forges or alters, or offers, utters, disposes of, or puts off, knowing
the same to be forged or altered, any copy of any register so
directed or required to be transmitted as aforesaid; or
(3) knowingly and wilfully signs or verifies any copy of any register
so directed or required to be transmitted as aforesaid, which copy
is false in any part therof, knowing the same to be false; or
(4) unlawfully destroys, defaces, or in jures, or for any fraudulent
purpose takes from its place of deposit or conceals, any such copy
of any register,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for life or
for any term not less than 3 years or to imprisonment for any term
not exceeding 2 years, with or without hard labour and with or without
solitary confinement.
Demanding Property upon Forged Instruments.
39 every person who, with intent to defraud, demands, receives, or
obtaines, or causes or procures to bedelivered or paid to any person, or
endeavours to receive or obtain, or to cause or procure to be delivered or
paid to any person, any chattel, money, security for money, or other
property whatsoever under, upon, or by virture of any forged or altered
instrument whatsoever, knowing the same to be forged or altered, or
under, upon, or by virtue of any attested copy of any will, testament,
codicil, or testamentary writing deposited in any registrar's office in
this colony, knwing the will, testament, codicil, or tesstamentary writing
in respect of which such attested copy has been obtained to have
been forged or altered, or knowing such attested copy to have been
obtained by any false oath, affirmation, declaration, or affidavit, shall be
guilty of felony, and, being convicted thereof, shall be liable, at the
discretion of the court, to imprisonment with hard labour for any term
not exceeding fourteen years and not less than 3 years or to imprisonment
for any term not exceeding two years, with or without ahrd labour
and with or without solitary confinement.
Miscellaneous Forgeries.
40 where by this or by any other ordinance any person now is or
hereafter may be made liable to punishment for forging or altering, or
for offering, uttering, disposing of, or putting off, knowing hte same to
be forged or altered, any instrument or writing designated in such ordinance
by any special name or description, and suh instrument or
writing obligatory, or a bill of exhange, or a promissory note for the
payment of money, or any indorsement on or assignment of a bill of
exhange or promissory note for the payment of money, or an accepttance
of a bill of exchange, or an undertaking, warrant, order, authority,
or request for the payment of money, or an indorsement on or assignment
of an undertaking, warrant, order, authority, or request for the
payment of money, within the true intent and meaning of this ordinance,
in every such case the person forging or altering such instrument
or writing, or offering, uttering, disposing of, or putting off such instrument
or writing, knowing the same to be forged or altered, may be
indicted as an offender against this ordinance and punished accordingly.
41-(1) where the forging or altering any writing or matter whatsoever, or
the offering, uttering, disposing of, or putting of f any writing
or matter whatsoever, knowing the same to be forged or altered, is in
this ordinance expressed to be an offence, if any person in this colony
forges or alters, or offers, utters, disposes of, or puts off, knowing the
same to be foreed or altered, any such writing or matter, in whatsowever
place or country out of this colony, whether in her majesty's
dominions or not, such writing or matter purports to be made or has
been made, and in whatever language the same or any part thereof is
expressed, every such person, and every person aiding, abetting, or
counselling such person, shall deemed to be an offender within the
meaning of this ordinance, and shall be punishable thereby in the same
manner as if the writing or matter had purported to be made or had
been made in this colony.
(2) if any person in this colony forges or alters, or offers, utters, disposes of,
or puts off, knowing the same to be forged or altered, any bill
of exchange, or any promissory note for the payment of money, or
any indorsement on or assignment of any bill of exchange or promissory
note for the payment of money, or any acceptance of any bill of exchange
or any undertaking, warrant, order, authority, or request for the payemtn
of money or for the delivery or transfer of any goods or security, or any
deed, bond, or writing obligatory for the payment of money (whether
such deed, bond, or writing obligatory is made only for the payment of
money or for the payment of money together with some other purpose),
or any indorsement on or assignment of any such undertaking, warrant,
order, authority, request, deed, bond, or writing obligatory, in whatsoever
place or country out of this colony, whether in her majesty's dominions
or not, the money payable or secured by such bill, note, undertaking,
warrant, order, authority, request, deed, bond, or writing obligatory is
or purports to be payable, and in whatever language the same respectively
or any part thereof is expressed, and whether such bill, note, undertaking,
warrant, order, authority, or request is or is not under seal,
every such person, and every person aiding, abetting, or counselling
such person, shall be deemed to be an offender within the meaning of this
ordinance, and shall be punishable thereby in the same manner as if the
money had been payable or had purported to be payable in this colony.
Supplemental Provisions.
42 in any indcitment for forging, altering, offering, uttering, disposing of,
or putting off any instrument, it shall be sufficient to describe
such instrument by any name or designation by which the same is
usually known, or by the purport thereof, without setting out any copy
or facsimile thereof, or otherwise decribing the same or the value
thereof.
43 in any indictment for engraving or making the whole or any part
of any instrument, matter, or thing whatsoever, or for using or having
the unlawful custody or possession of any plate or other material upon
which the whole or any part of any instrument, matter, or thing whatsoever
has been engraved or made, or for having the unlawful custody
or possession of any paper upon which the whole or any part of any
instrument, matter, or thing whatsoever has been made or printed, it
shall be sufficient to describe such instrument, matter, or thing by any
name or designation by which the same is usually known, without setting
out any coppy or facsimile of the whole or any part of such instrument,
matter, or thing.
44 in any indictment for forging, altering, uttering, offering, disposing of, or
putting off any instrument whatsoever, where it is necessary
to allege an intent to defraud, it shall be sufficient to allege
that the accused did the act with intent to defraud, without alleging
an intent to defraud any aprticular person; and on the trial of any such
offence it shall not be necessay to provie an intent to defraud any parti-
cular person, but it shall be sufficient to prove that the accused did the
act charged with an intent ot defraud.
45 where the having any matter in the custody or possession of any
person is in this ordinance expressed to be an offence, if any person-
(1) has any such matter in his personal cutody or possession; or
(2) knowingly and wilfully has any such matter in the actual custody
or possession of any other person; or
(3) knowinly and wilfully has any such matter in any dwelling-
house or other building, lodging, apartment, field, or other place,
open or enclosed, whether belonging to or occupied by himself or
not, and whether such matter is so had for his own use or for the
use or benefit of another,
every such person shall be deemed and taken to have such matter in
his custody or possession within the meaning of this ordinance.
46 if it is made to appear, by information upon oath, affirmatio, or
declaration before a justice of the peace, that there is reasonable cause
to believe that any person has in his custody or possession, without
lawful authority or excuse, any note or bill of the governor and company
of the bank of england or ireland, or of any body corporate,
company, or person carrying on the business of bankers, or any frame,
moiuld, or implement for making paper in imitation of the paper used
for such notes or bills, or any such paper, or any plate, wood, stone, or
other material having thereon any words, forms, devices, or characters
capable of producing or intendedto produce the impression of any such
note or bill, or any part thereof, or any tool, implement, or material
used or emlyed or intended to be used or employed in or about any of
the operations aforesaid, or any forged security, document, or instrument
whatsoever, or any marchinery, frame, mould plate, die, seal, paper, or
other matter or thing used or employed or intended to be used or
employed in the forgery of any security, document, or instrument
whatsoever, such justice may, if he thinks fit, grant a warrant to search
for the same; and if the same is found on such serach, it shall be lawful
to seize and carry the same before a police magistrate, to be by him
dispoed of according to law; and all such matters and things so seized
as aforesaid shall, by order of the court where any such offender is
tried, or, in case there is no such trial, then by order of a police magistrate,
be defaced and destroyed or otherwise disposed of as such court
or magistrate may direct.
47 every person who, after the commencement of this ordinance, is covicted
of an offence which has been subjected by any enactment
or enactments in force in this colony to the same pains and penalties as
are imposed by the act of parliament 5 elizabeth chapter 14, entitled 'an act againsy forgers of false deeds and writings,' for any of the
offences first enumerated in the said act shall be guilty of felony, and
shall, in lieu of such pains and penalites, be liable, at the discretion
of the court, to imprisonment with hard labour for any term not exceeding 14
years and not less than three years or to imprisonment
for any term not exceeding 2 years, with or without hard
labour and with or wihtou solitary confinement.
48 where, by any enactment now in force in this colony, any
person falsely making, forging, counterfeiting, earasing, or altering any
matter whatsoever, or utering, publishing, offering, disposing of, putting
away, or making use of any matter whatsoever, knowing the saem to
have been falsely made, forged, counterfeited, erased, or altered, or any
person demanding or endeavouring to receive or have any thing, or to
do or cause to be done any act, upon or by virtue of any matter whatsoever,
knowing such matter to have been falsely made, forged, counterfeited,
erased, or altered, would, according to the provisions contained in
any such enactment, be guilty of felony, and would, before the passing
of the act 1 william 4 chapter 66, entitled 'an act for reducting into
one act all such forgeries as shall hereafter be punished with death, and
for otherwise amending the laws relative to forgery,' have been liable
to suffer death as a felon; or where, by any enactment now in force in this
colony, any person falsely personating another, or falsely acknowledging
any thing in the name of another, or falsely representing any other
person than the real 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 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 afffidavit, false affirmation, or false
declaration, or demanding or receiving any money or other thing by
virtue of any probate or letters of addministration, knowing 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 obtained
by means of any false oath, false affirmation, or false decaration,
would, according to the provisions contained in any such act, be
guilty of felony, and would before the passing of the said act 1 william 4
chapter 66, have been liable to suffer death as a felon; or where,
by any enactment now in ofrce in this colony, any person making or
using, or knowingly having in this custody or possession, any frame,
mould, or instrument for the making of paper, with certain words
visible in the substance thereof, or any person making such paper,
or cuasing 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, and would before the passing of the said 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, after the commencement of
this ordinance, is convicted of any such felony as is hereinbefore in this
section mentioned, or of aiding, abetting, counselling, or procuring the
commission thereof, and the same is not punishable under any of the
other provisions of this ordinance, every such person shall be liable, at
the discretion of the court, to imprisonment with hard labour for life or
for any term not less than 3 years or to imprisonment for any term
not exceeding 2 years, with or without hard labour and with or without
solitary confinement.
49-(1) in the case of every felony punishable under this ordinance,
every principal in the second degree, and every accessary before
the fact, 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 , on conviction, be liable, at the discretion of the
court, to imprisonment for any term not exceeding two years, with or
without hard labour and with or without solitary confinement.
(3) every person who aids, abet, 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 misdemeanor under
this ordinance, it shall be lawful for the court, if it thinks fit, in addition
to or in lieu of any of the punishemnts authorized by this ordinance, to
fine the offender, and to require him to enter into his own recognizances,
and to find sureties, both or either, for keeping the peace and being of
good behaviour.
(2) in all cases of feloines mentioned in this ordinance, it shall be
lawful for the court, if it thinks fit, to require the offender to enter into
his own recognizances, and to find sureties, both or either, for keeping
the peace, in addition to any of the punishments authorized by this ordinance:
provided that no person shall be imprisoned under this section
for not finding sureties for any period exceeding one year.
51 whenever imprisonment, with or without hard labour, may be
awarded for any offence under this ordinance, the court may sentence
the offender to be imprisoned, or to be imprisoned and kept to hard
labour, and in either case the sentence shall be carried out in accordance
with the provisions of any ordinance for the time being in force relating
to prisons.
52 whenever solitary confinement may be awarded for any offence
under this ordinance, the court may direct the offender to be kept in
solitary confinement for any portion or portions of his imprisonment, or
of his imprisonment with hard labour, not exceeding one month at any
one time and not exceeding three months in any one year.
A.D. 1865. Ordinance No. 6 of 1865. Short title. Forgoing Great Seal, etc., or Public Seal of the Colony. 24 & 25 Vict. C. 98 s. 1. Forging seal of public officer or of company. Forging transfer of stock or of power of attorney relating thereto. 24 & 25 Vict. C. 98 s. 2. Personating owner of stock, and transferring or receiving, etc., dividend thereon. Ib. s. 3. Forging attestation to power of attorney for transfer of stock, etc. 24 & 25 Vict. C. 98 s. 4. Making false entry in bank book, etc. Ib. s. 5. Making out of false dividend warrant by bank clerk. 24 & 25 Vict. C. 98 s. 6. Forging public bond, debenture, etc. Ib. s. 7. Forging exchequer bill, etc. Ib. s. 8. Making plate, etc., in imitation of those used for exchequer bills, etc. 24 & 25 Vict. C. 98 s. 9. Making paper in imitation of that used for exchequer bills, etc. Ib. s. 10. Purchasing paper, etc., to be used for exchequer bills, etc. 24 & 25 Vict. C. 98 s. 11. Forging bank note, etc. Ib. s. 12. Purchasing, receiving, or having forged bank note, etc. Ib. s. 13. Making or having frame, etc., for making paper with the words 'Bank of England' or Bank of Ireland, or with curved bar lines, etc., or selling such paper. 24 & 25 Vict. C. 98 s. 14. Proviso as to paper used for bills of exchange, etc., 24 & 25 Vict. C. 98 s. 15. Engraving or having plate, etc., for making notes of Bank of England or Ireland or other bank, or having paper on which a blank bank note etc., is printed. Ib. s. 16. Engraving on plate, etc., any word, number, or device resembling part of bank note or bill, or having any paper on which the same is impressed. 24 & 25 Vict. C. 98 s. 17. Making or having frame, etc., for making paper with name of banker, or making or having such paper. 24 & 25 Vict. C. 98 s. 18. Engraving plate for foreign bills or notes, etc., Ib. s. 19. Forging deed, bond, etc. 24 & 25 Vict. C. 98 s. 20. Forging will. Ib. s. 21. Forging bill of exchange or promissory note. Ib. s. 22. Forging order, receipt, etc., for money, good, etc. Ib. s. 23. Making or accepting bill of exchange by procuration without lawful authority, or uttering bill of exchange, etc., so made. 24 & 25 Vict. C. 98 s. 24. Obliterating, etc., crossing on cheque. Ib. s. 25. Forging debenture. Ib. s. 26. Forging proceeding of Court of Record, Court of Equity, or Court of Vice-Admiralty. 24 & 25 Vict. C. 98 s. 27. Forging copy or certificate of record or process of Court not of Record, and using forged process. Ib. s. 28. Forging instrument made evidence by Act of parliament or Ordinance. 24 & 25 Vict. C. 98 s. 29. Forging memorial, etc., relating to registry of deeds. Ib. s. 31. See Ordinance No. 1 of 1844. Forging summons, etc., of Justice. 24 & 25 Vict. C. 98 s. 32. Forging official signature. Ib. s. 33. Acknowledging recognizance, etc., in name of another. 24 & 25 Vict. C. 98 s. 34. Forging or uttering marriage licence or certificate. Ib. s. 35. Forging or uttering register of births, baptisms, marriages, deaths, or burials. Ib. s. 36. Making false entry in copy of register sent to Registrar. 24 & 25 Vict. C. 98 s. 37. Demanding property upon forged instrument. Ib. s. 38. Forging instrument, however designated, which is in law a will, etc., 24 & 25 Vict. C. 98 s. 39. Forging, etc., document in the Colony purporting to be made out of the Colony, etc. Ib. s. 40. Description of instrument in indictment for forgery. 24 & 25 Vict. C. 98 s. 42. Description of instrument in indictment for engraving, etc. Ib. s. 43. Intent to defraud particular persons need not be alleged or proved. Ib. s. 44. Explanation as to criminal possession. 24 & 25 Vict. C. 98 s. 45. Search for paper or implements employed in forgery, and for forged instruments. Ib. S. 46. Substitution of other punishments for those of 5 Eliz. C. 14. 24 & 25 Vict. C. 98 s. 47. Punishment of forgeries which were capital before 1 Will. 4, c. 66, and are not otherwise punishable under the Ordinance. Ib. s. 48. Principals in second degree, accessories, and abettors. 24 & 25 Vict. C. 98 s. 49. Fine and sureties for keeping peace. Ib. s. 51. Punishment of hard labour. Ib. s. 52. See Ordinance No. 4 of 1899. Punishment of solitary confinement. 24 & 25 Vict. C. 98 s. 53.
Forgery Ordinance, 1865.
AN ORDINANCE to consolidate and amend the Laws relating to
Indictable Offences by Forgery.
[14th June, 1865]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Forgery Ordinance, 1865.
2. Every person who-
(1.) forges or counterfeits, or utters, knowing the same to be forged
or counterfeited, the great Seal of the United Kingdom, Her
Majesty's Privy seal, any Privy signet of Her Majesty, Her Ma-
jesty's royal sign Mannal, any of Her Majesty's Seals appointed
by the twenty-fourth Article of the Union Between England
and Scotland to be keept, used, and continued in Scotland, the
Great Seal of ireland, the Privy Seal of Ireland, or the Public
Seal of this Colony; or
(2.) forges or counterfeits the stamp or impression of any of the seals
aforesaid; or
(3.) utters any document or instrument whatsoever having thereon or
affixed thereto the stamp or impression of any such forged or coun-
terfeited seal, knowing the smae to be the stamp or impression of
such forged or counterfeited seal, or any forged or counterfeited
stamp or impression made or appartently intended to resemble the
stamp or impression of any of the seals aforesaid, knowing the
same to be forged or counterfeited; or
(4.) forges or alters, or utters, knowing the same to enb forged ot
altered, any document or instrument having any of the said stamps
or impressions thereon or affixed thereto,
shall be guilty of felony, and, being convicted thereof, shall be liable,
at the discretion of the Court, to imprisonment with hard labour for
life or for any term not less than three years ot to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement.
3. Every person who-
(1.) forges or counterfeits, or utters, knowing the same to be forged
or counterfeited, the seal of any public officer, office, or department
in this Colony, or the seal of any body corporate in this Colony;
or
(2.) forges or counterfeits the stamp or impression of any such seal;
or
(3.) utters any document or instrument whatsoever having thereon or
affixed thereto the stamp or impression of any such forged or
counterfeited seal, knowing the same to eb the stamp or impression
of such forged or counterfeited seal, or any forged or counterfeited
stamp or impression made or apparently intended to resemble the
stamp or impression of any of the seals aforesaid, knowing the
same to be forged or counterfeited; or
(4.) forges or alters, or utters, knowing the smae to be forged or
altered, any document or instrument having any of the said stamps
or impressions thereon or affixed thereto,
shall be guilty of felon, and, being convicted thereof, shall be liable, at
the discretion of the Court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
4. Every person who-
(1.) forges or alters, or offers, utters, disposes of , or puts off, knowing
the same to be forged or altered, any transfer 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 of any body
corporate, company, or society which now is or hereafter may be
establised by charter or by, under, or by virtue of any Act of
Parliament or Ordinance; or
(2.) forges or alters, or offers, utters, disposes of, or puts off, knowing
the same to be forged or altered, any power of attorney or other
authority to transfer any share or interest of or in any such stock,
annuity, public fund, or capital stock, or to receive any dividend
or money payable in respect of any such share or interest; or
(3.) demands or endeavours to have any such share or interest trans-
ferred, or to receive any dividend or money paybale in respect
thereof, by virtue of any such forged or altered power of attorney
or other authority, knowing the same to be forged or altered.
with intent in any of the cases aforesaid to defraudm, shall be guilty of
felony, and, being convicted with hard labour for life or for any term not
less than three years or to imprisonment for any term not exceeding two
years, with or without hard labour and with or without sloitary confine-
ment.
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 the 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 ot interest
belonging to any such owner, or thereby received or endeavours to re-
ceive any lawful owner, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the disctetion of the court, to imprisonment
with hard labour for life or for any ferm not less than three years or to
imprisonment for any term not exceeding two years, with or without hard
labour and with or without solitaryt confinement.
6. Every person who--
(1.) forges any name, handwriting, or signature purporting to be the
name, handwriting, or siguature of a witness attesting the execution
of any power of attorney or other authority to transfer any share
or interest of or in any such stock, annuity, public fund, or capital
stock as is mentioned in either of the last two preceding sections,
or to receive any dividend or money payable in respect of any
such share or interest; o
(2.) offers, utter, disposes of, or putes off any such power of attorney
or other authority, with any such forged name, handwriting, or
signature thereon, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the disctetion of the Court, to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to im-
prisonment for any term not exceeding two years, with or without hard
labour and with or without solitary confinement.
7. Every person who--
(1.) wilfully makes any false entry in, or wilfully alters any word or
figure in, any of the books of account kept at any saving 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 Parliament or Ordinance, in which
books the accounts of the owners of any money deposited in such
savings bank or of any stock of any such body corporate are
entered and kept; or
92.0 in any manner wilfully falsifies any of the accounts of any such
owners in any of the said books; or
(3.) wilfully makes any transfer of any share ot 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 defraud, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the disctetion of
the Court, to imprisonment with hard labour for life or for any term not
less than three years or to imprisonment for any term not exceeding
two years, with or without hard labour and with or without solitary
confinement.
8. Every oersib who, being a clerk, officer, or servant of or other
person employed or entrusted in the business of any savings bank in
this Colony or by any such body corporate, company, or society as afore-
said, 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 guilty of felony, and, being convicted thereof,
shall be liable, at the discretion of the Court, to imprisonment with hard
labour for any term not exceeding seven years and not less than three
years or to imprisonment for any term not exceeding two years, with
or without hard labour and with or withour solitary confinement.
9. Every person whoforges or alters, or offers, utters, disposes of, or
puts off, knowing the same to be forged or altered, any bond, debenture,
coupon, or security issued or made under the authority of any Act of
Parliament or Ordinance passed or to be passed for the raising of any
loan or for any other purpose relating to the public service, or any indorse-
ment on or assignment ot any such bond, debenture, coupon, or security,
with intent to defraud, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for life or for nay term not less than three years or to
imprisonment for any term not exveeding two years, with or without
hard labour and with our without solitary confinement.
10. Every person who forges or alters, or offers, utters, disposes of,
or puts off, knowing the same to be forged or altered, any exchequer hill,
bond, or debenture, or any indorsement on or assignment of any ex-
chequer bill, bond, or debenture, or any receipt or certificaate for in-
terest accuring thereon, with intent to defraud, shall be guily of felony
and, being convicted thereof, shall be liable, at the disctetion of the
Court, to imprisonment with hard labour for life or for any term not less
than three years or to imprisonment for any term not exceeding two
years, with or without hard labour and with or without solitary confine-
ment.
11. Every person who, without lawful authority or excuse (the proof
whereof shall lie on such person), makes, or causes or procures to be made, or aids or assists in making, or knowingly has in his custody or
possession any frame, mould, or instrument having therein any word,
letter, figures, marks lines, or devices peculiar to and appearing in the
subatance of any paper proviede or to be provided or used for exchequer
bills, bonds or debentures, or any machinery for working any threads
into the substance of any paper, or any such thread, and intend to
imitate such words, letters, figures, marks, lines, threads, or devices, or
any plate peculiarly employed for printing such exchequer bills, bonds,
or debentures, or any die or seal peculiarly used ofr preparing any such
plate or for sealing such exchequer bills, bond, or debentures, or any
plate, die or seal intended to imitate any such plate, die, or seal as
aforesaid, shall be guilty of felony, and, geing convicted thereof, shall be
liable, at the discretion of the court, to imprisonment with hard labour
for any term not exceeding seven years and not less than three years or
to imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
12 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) makes, or causes or prcures to be made, or aids or assists in
making any paper in the substance of which appear any words,
letters, figures, marks, lines, threads, or other devices peculiar to
and appearing in the substance of any paper provided or to be provided or
used for ushc exchequer bills, bonds, or debentures, or any
part of such words, leters, figures, marks, lines, threads, or other
devices, and intended to imitate the same; or
(2) knowingly has in his custody or possession any paer whatsoever
in the substance whereof appear any such words, letters, figures,
marks, lines, threads, or devices as aforesaid, or any parts of such
words, letters, figures, marks, lines, threads, or other devices, and
intended to imitate the same; or
(3) causes or assists in causing any such words, letters figures, marks,
lines, threads, or devices as aforesaid, or any part of such words,
letters, figures, marks, lines, threads, or other devices, and intended
to imitate the same, to appear in the substance of any paper whatever; or
(4) takes or assists in taking any impression of any such plate, die,
or seal as is mentioned in the last preceding section,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to imprisonment
for any term not exceeding two years, with or without hard
labour and with or without solitary confinement. 13 every person who, wihtout lawful authority or excuse (the proof
whereof shall lie on such person), purchases, or receives, or knowinly
has in his custody or possession any paper manufactured and
provided by or udner the directions of the commissioners of inland revenue or commissioners of her majesty's treasury for the purpose
of being used as exchequer bills, bonds, or debentures, before such
paper has been duly stamped, signed , and issued for public use, or any
such plate, die, or seal as is mentioned in the last two proceeding sections,
shall be guilty of a misdemeanor, and, being convicted thereof, shall be
liable, at the discretion of the court, to imprisonment for any term not
exceeding three years, with or without hard labour.
Forgery of Bank Notes.
14 every person who fores or alters, or offers, utters, disposes of
or puts off, knowing the same to be forged or altered, any note or bill of
exchange of the governor and company of the bank of england, or
of the governor and company of the bank of ireland, or of any other
body corporate, company, or person carrying on the business of bankers,
commonly called a bank note, a bank bill of exchange, or a bank post
bill, or any indorsement on or assigment of any bank note, bank bill
of exchange, or bank post bill, with intent to defraud, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion of
the court, to imprisonment with hard labour for life or for any term
not less than three years or to imprisonment for any term not exceeding
two years, with or without hard labour and with or without solitary
confinement.
15 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person), purchases or receives from any
other person, or has in his custody or possession, any forged bank note,
bank bill of exchange, or blank bank post bill, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, shall be liable,
at the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not ess than three years or to
imprisonment for any term not exceeding two years, with or without
hard labour.
Making and Engraving Plates, etc., for Bank Notes, etc.
16 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) makes, or uses, or knowingly has in his custody or possession any
frame, mould, or instrument for the making of paper with the
words'bank of england' or 'bank of ireland,' or any part of
such words intended to resemble and pass for the same, ? in
the substance of the paper, or for the making of paer v?ved
or waving bar lines, or wiht the laying wire lines thereof in
a waving or curved shape, or with any number, sum, or amount
expressed in a word or words in roman letters, visible in the
substance of the paper, or with any device or distinction peculiar
to and appearing in the substance of the paper used by the governor
and company of the banks of england and ireland respectively
for any notes, bills of exchange, or bank post bills of such
banks respectively; or
(2) makes, uses, sells, exposes to sale, utters, or disposes of, or knowingly
has in his custody or possession, any paper whtsoever with
the words 'bank of england' or 'bank of ireland,' or any part
of such words intended to resemble and pass for the same, visible
in the substance of the paper, or any paper with curved or waving
bar lines, or with the laying wire lines thereof in a waving or
curved shape, or with any number, sum, or amount expressed in a
word or words in roman letters, appearing visible in the substance
of the paper, or wiht any device or distinction peculiar to and appearing
in the substance of the paper used by the governor and
company of the banks of england and ireland respectively for any
notes, bills of exhcange, or bank post bills of such banks respectively; or,
(3) by any art or contrivance, causes the words 'bank of england'
or 'bank of ireland,' or any part of such words intended to
resemble and pass for the same, or any device or distinction peculiar
to and appearing in the substance of the paper used by the governor
and company of the banks of england and ireland respectively for
any notes, bills of exchange, or bank post bills of such banks respectively,
to appear visible in the substance of any paper; or
(4) causes the numberial sum or amount of any bank note, bank bill
of exchange, or bank post bill, or blank bank note, bank bill
of exchange, or bank post bill, or blank bank note, blank bank bill
letter, to appear visible in the substance ofthe paper whereon the
same is written or printed,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion ofthe court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years, with or without hard
labour.
17 nothing in the last preceding section shall prevent any person
from issuing any bill of exhcange or promissory note having the amount
thereof expressed in guineas, or in a numerial figure or figures denoting the amount thereof in pounds sterling, appearing visible in the substance
of the paper wheron the same is written or printed, or shall prevent any
person from making, using, or selling any paper having waring or
curved lines or any other devices in the nautre of watermards visible in
the substance of the paper, not being bar lines or laying wire lines, provided
the same are not so contrived as to formed the groundwork or texture
of the paper , or to resemble the waving or curved laying wire lines or
bar lines or the watermarks of the paper, used by the governor and
company ofthe banks of england and ireland respectively.
18 every person who, without lawful authority or excuse (the proof whereof
shall lie on such person),-
(1) engraves or in anywise makes upon any plate whatsoever or
upon any wood, stone, or other material, any promissory note, bill
of exchange, or bank post bill, or part of a promissory note, bill of
exchange, or bank post bill, purporting to be a bank note, bank
bill of exchange, or bank post bill of the governor and company of
the bank of england, or of the governor and company of the
bank of ireland, or of any other body corporate, company, or
person carrying on the business of bankers, or to be a blank bank
note, blank promissory note, blank bank bill of exchange, or blank
bank post bill of the governor and company of the bank of
england, or of the governor and company of the bank of ireland,
or of any such other body corporate, company, or person as aforesaid,
or to be a part of a bank note, promissory note, bank bill of
exhcnage, or bank post bill of the governor and company of the
bank of england, or of the governor and company of the bank
of ireland, or of any such other body corporate, company, or person
as aforesaid, or any name, word, or character eresembling or
apparently intended to resemble any subsciption to any bill of
exchange or promissory note issued by the governor and company of
the ank of england, or by the governor and company of the
bank of ireland, or by any such other body corporate, company,
or person as aforesaid; or
(2) uses any such plate, wood, stone, or other material, or any other
instrument or device, for the making or printing any bank note,
bank bill of exchange, or bank post bill, or blank bank note, blank
bank bill of exchange, or blank bank post bill, or part of a bank
note, bank bill of exchange, or bank post bill, or knowingly has in
his custody or possession any such plate, wood, stone, or other
material or any such instrument or device; or
(3) knowingly offers, utters, disposes of, or puts off, or has in his
custody or possession, any paper upon which any blank bank note,
blank bank bill of exchange, or blank bank post bill of the governor and company
of the bank of england, or of th governor
and company of the bank of ireland, or of any such other body
corporate, company, or person as aforesaid, or part of a bank note,
bank bill of exchange, or bank post bill, or any name, word, or
character resembling or apparently intended to resemble any such
subscription, is made or printed,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the ocurt, to imprisonment with hard labour for any
term not exceeding fourteen years and not less then three years or to
imprisonment ofr any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
19 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) engraves or in any wise makes upon any plate whatsoever, or
upon any wood, stone, or other material, any word, number, figure,
device, character, or ornament the impression taken from which
resembles or is apparently intended to resemble any part of a bank
note, bank bill of exchange, or bank post bill of the governor and
company of the bank of england, or of the governor and company of the
bank of ireland, or of any other body corporate,
company, or person carrying on the business of bankers; or
(2) uses, or knowingly has in his custody or possession, any such
plate, wood, stone, or other material, or any other instrument or
device for th impressing or making upon any paper or other
material any word, number, figure, character, or ornament which
resembles or is apparently intended to resemble any part of a bank
note, bank bill of exchange, or bank post bill of the governor and
company of the bank of england, or of the governor and company of
the bank of england, or of the governor and company
of the bank of ireland, or of any such other body corporate,
company, or person as aforesaid; or
(3) knowingly offers, utters, disposes of, or puts off, or has in his
custody or possession, any paper or other material upon which
there is an impression of any such matter as aforesaid,
shall be guilty of felony, and, being convicted therof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not lessthan three years or to
imprisonment for any term not exceeding two years, with or without hard
labour and with or without solitary confinement.
20 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) makes or uses any frame, mould, or instrument for the manufac-
ture of paper, with the name or firm of any body corporate, company,
or person carrying on the business of bankers (other than
and except the banks of england and ireland respectively), appearing visible in the
substance of the paper; or
(2) knowingly has in his custody or possession any such frame, mould,
or instrument; or
(3) makes, uses, sells, exposes to sale utters, or disposes of, or knowingly has
in his custody or possession, any paper in the substance
of which the name or frim of any such body corporate, company, or
person appears visible; or,
(4) by any art or contrivance, causes the name or firm of any such
body corporate, company, or person to appear visible in the substance
of the paper upon which the same is written or printed,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment for any term not exceeding two years, with or without hard
labour and with or wihtout solitary confinement.
21 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person),-
(1) engraves or in anywise makes upon any plate whatsoever, or upon
any wood, stone, or other material, any bill of exhcage, preomissory
note, undertaking, or order ofr payment of money, or any part
of any bill of exhcange, promissory note, undertaking, or order for
payment of money, in whatsoever language the same may be
expressed, and whether the same is or is not, or is or is not intended
to be, under seal, purporting to be the bill, note, undertaking, or
order, or part f the bill, notem, undertaking, or order, of any foreign
prince or state, or of any minister or officer in the service of any
foreign pricne or state, or of any body corporate or body of the
like nature constituted or recognized by any foreign prince or
state, or of any person or company of persons resident in any country
not in her majesty's dominions; or
(2) uses, or knowingly has in his custody or possession, any plate,
stone, wood, or other material upon whoch any such foreign bill,
note, undertaking, or order, or any part thereof, is engraved or
made; or
(3) knowingly offers, utters, disposes of, or puts off or has in his
custody or possession, any paper upon which any part of any such
foreign bill, note, undertaking, or order is made or printed,
shall be guilty of felony, and, being convicted thereof, shall be laibale, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding fourteen years and not less than three years or to
imprisonment ofr any term not exceeding two years, with or without hard
labour and with or without solitary confinement.
Forgery of Deeds, Wills, Bills of Exchange, etc.
22 every person who, with intent ot defraud,-
(1) forges or alters, or offers, utters, disposes of, or puts off, knowing
the same to be foreged or altered, any deed, or any bond or wirting
obligatory, or any assignment at law or in equity of any such bond
or wirting obligatory; or
(2) forges any name, handwriting, or signature of a witness attesting
the execution of any deed, bond, or writing obliatory; or
(3) offers, utters, disposes of, or puts off any deed, bond, or writing
obligatory having thereon any such forged name, handwriting, or
signature, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, sall be liable,
at the discretion of the court, to imprisonment with hard labour for
life or for any term not less than three years or to imprisonment of
any term not less than three years or to imprisonment for
any term not exceeding two years, with or without hard labour and
with or without solitary confinement.
23 every person who, with intent to defraud, forges orutters, or
offers, utters, disposes of, or puts off, knowing the same to be forged or
altered, any will testament, codicil, or testamentary instrument shall
be guilty of felony, and being convicted thereof, shall be liable, at the
discretion of the court, to imprisonment with hard labour for life or for
any term not less than three years or to imprisonment for any term not
exceeding two years, with or without hard labour and with or without
solitary confinement.
24 every person who, with intent to defraud, forges or alaters, or
offers, utters, disposes of, or puts off, knowing the same to be forged or
altered, any bill of exchange or any acceptance, indorsement, or assignment
of any bill of exchange, or any promissory note for the payment of
money or any indorsement or assignemtn of any such promissory note,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for life or
for any term not less than three years or to imprisonment for any term
not exceeding two years, with or without hard labour and with or without
solitary confinement.
25 every person who forges or alters, or offers, utters, disposes of,
or puts off, knowing the same to be forged or altered, any undertaking,
warrant, order, authority, or request for the payment of money, or for
the delivery or transfer of any goods or chattels or of any note, bill, or
other security for the payment of money or for procuring or giving
credit, or any indorsement on or assignemnt of any such undertaking,
warrant, order, authority, or request, or any accountable receipt, acquittance,
or receipt for money, or for goods, or for any note, bill, or other
security for the payment of money, or any indoersementon or assignment
of any such accountable receipt, with intent, in any of the cases aforesaid,
to defraud, shall be guilty of felony, and, eing convicted thereof, shall
be liable, at the discretion of the ocurt, to imprisonment with hard labour
for life or for any term not less than three years or to imprisonment for
any term not exceeding two years, with or iwhtout hard labour and wit
or without solitary confinement.
26 every person who, with intent to defraud,-
(1) draws, amkes, signs, accepts, or indorses any bill of exchage or
promissory note or any undertaking, warrant, order, authority, or
request for the payment of money, or for the delivery or transfer
of goods or chattels or of any bill, note, or other security for
money by procuration or otherwise, for, in the name, or on the
acount of any other person without lawful authority or excuse; or
(2) offers, utters, disposes of, or puts off any such bill, note, undertaking,
warrant, order, authority, or rquest so drawn, made,
signed, accepted, or indorsed by prcuration or otherwise without
lawful authority or excuse as aforesaid, knowing the same to have
been so drawn, made, signed, accepted, or indorsed as aforesaid,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding 14 years and not less than 3 years or to
imprisonment for any term not exceeding two years, with or without
hard labour and with or without solitary confinement.
27 whenever any cheque or draft on any banker is crossed with the
name of a anker or with two transverse lines with the words 'and
company' or any abbreviation thereof, every person who-
(1) obliterates, adds, to, or alters any such crossing; or
(2) offers, utters, disposes of, or puts off any cheque or draft whereon
any such obliteration, addition, or alteration has been made,
with intent in any of the cases aforesaid to defraud, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion
of the court, to imprisonment with hard labour for life or for any term
not less than three years or to imprisonment ofr any term not exceeding
2 years, with or without hard labour and with or wihtou solitary
confinement.
28 every person who fraudulently forges or alters, or offers, utters,
disposes of, or puts off, knowing the same to be foreged or fraudulently
altered, any debenture issued under any lawful authority whatsowever,
either within her majesty's dominions or elsewhere, shall be guilty of
felony, and, being convicted thereof, shall be liable, at the discretion of
the court, to imprisonment with hard lbour for any term not exceedin
14 years and not less than 3 years or to imprisonment for any
term not exceeding two years, with or without hard labour and wiht
or iwhtout solitary confinement.
Forgery of Records, Process, Instruments of Evidence, etc.
29 every person who forges or fraudulently alters, or offers, utters
disposes of, or puts off, knowing the same o be forged or fraudulently
altered, any record, writ, return, panel, process, rule, order, warrant,
interrogatory, deposition, affidavit, affirmation, declaration, recognizance,
cognorit actionem, or warrant of attorney, or any original document
whatsowever of or belonging to any court of record, or any bill, petition,
process, notice, rule, answer, pleading, interrogatory, depostition, affidavit,
affirmation, declaration, report, order, or decree or any original document
whatsoever of or belonging to any court of equity or court of vict-
admiralty in this colony, or any document or writing or any copy of
any document or writing used or inteded to be used as evidence in any
court mentioned in this section, shall be guilty of felony, and, being
convicted thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for any term not exceeding 7 years and
not less than 3 years or to imprisonment for any term not exceeding
2 years, with or without hard labour and with or without solitary
confinement.
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) not being such clerk, officer, or deputy, signs or certifies any
copy or certificate of any record as such clerk, officer, or deputy; or
off, knowing the same to be forged or fraudulently altered, any
copy or certificate of any record, or offers, utters, disposes of, or
puts off any copy or certificate of any record having thereon any
false or forged name, handwriting, or signature, knowing the same
to be false or forged; or
(4) forges the seal of any court of record in this colony; or
(5) forges or fraudulently alters any process of any court other than
such courts as are mentioned in the last preceding section; or
(6) serves or enforces any forged process of any court whatsoever,
knowing the same to be forged; or
(7) delivers or causes ot be delivered to any person any paper falsely
purporting to be any such process, or a copy thereof, or to be any
judgment, decree, or order of any court of law of equity, 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 , being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding seven years and not less than three years or to imprisonment
for any term not exceeding 2 years, with or without hard
labour and with or without solitary confinement.
31 every person who forges or fraudulently alters, or offers, utters,
disposes of, or puts off, knowing the same to be foreged or fraudulently
altered, any instrument, whether written or printed or partly written and
partly printed, which is made evidence in this colony by any act of
parliament or ordinance passed or to be passed, and for which ofence
no punishment is herein provided, shall be guilty of felony, and being
convicted thereof, shall be liable, at he discretion of the court, to imprisonment
with hard labour for any term not exceeding 7 years
and not less than 3 years or to imprisonment for any term not exceeding 2 years,
with or without hard labout and with or without
solitary confinement.
Forgery of Registers of Deeds.
32 every person who-
(1) forges or fraudulently alters, or offers, utters, disposes of, or puts
off, knowing the same to be forged or fraudulently altered, any
memorial, affidavit, affirmation, declaration, entry, certificate, indorsement,
document, or writing made or issued under the provisions
of any ordinance passed or to be passed for or relating to the
registry of deeds; or
(2) forges or counterfeits the seal of or belonging to any office for the
registry of deeds or any stamp or impression of any such seal; or
(3) forges any name, handwriting, or signature purporting to be the
name, handwriting, or signature of any person to any such memorial, affidavit,
affirmation, declaration, entry, certificate, indorsement,
document, or writing, which is required or directed to be
signed by or by virture of any act of parliament or ordinance
passed or to be passed; or
(4) offers, utters, disposes of, or puts off any such memorial or other
writing as in this section before mentioned, having thereon any such
forged stamp or impression of any such seal, or any such forged name, handwriting, or signature, knowing the same to be forged,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for any
term not exceeding 14 years and not less than 3 years or to
imprisonment ofr any term not exceeding 2 years, with or without
hard labour and with or without solitary confinement.
Forgery of Process of Justices of the Peace.
33 every person who, with intent to defraud, forges or alters, or
offers, utters, disposes of, or puts offs off, knowing the same to be forged
or altered, any summons, conviction order, or warrant of any justice
of the peace, or any recgnizance purporting to have been entered
into before any justice of the peace or other officer authorized to take
the same, or any examination, deposition, affidavit, affirmation, or solemn
declaration taken or made before any justice of the peace or any
commissioner appointed to administer oaths, shall be guilty of felony,
and, being convicted thereof, shall be liable, at the discretion of the
court, to imprisonment with hard labour for the term of 3 years or
to imprisonment for any term not exceeding 2 years, with or without
hard labour and with or without solitary confinement.
Forgery of Official Signatures.
34 every person who, wih intent to defraud,-
(1) forges or alters any certificate, report, entry, licence, permit,
indorsement, direction, authority, instrument, or writing made or
purporting or appearing to be made by the governor or colonial
secretary, or by the colonial treasurer, auditor general, or any
officer of customs, or by any officer of any court in this colony,
or the name, handwriting or signature of the governor, colonial
secretary, colonial treasurer, auditor general, officer of customs, or
officer as aforesaid; or
(2) offers, utters, disposes of , or puts of any such certificate, report,
entry, licence, permit, indorsement, direction, authority, instrument,
or wirting, knowing the same to be forged or altered,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment wiht hard labour for any
term not exceeding fourteen years and not less than 3 years or to
imprisonment for any term not exceeding 2 years, with or iwhtout
hard labour and with or without solitary confinement.
Falsely acknowledging Recognizances, etc.
35 every person who, without lawful authority or excuse (the proof
whereof shall lie on such person), in the name of any other person,
acknowledges any recognizance or bail, or any judgment, or any deed or
other instrument, before any court, judge, or other person lawfully
authorized in that behalf, shall be guilty of felony, and, being convicted
thereof, shall be liable, at the discretion of the court, to imprisonment
with hard labour for any term not exceeding seven years and not less
3 years or to imprisonment ofr any term not exceeding 2 years,
with or without hard labour and iwht or without solitary confinement.
Forgery of Marriage Licences
36 every person who forges or fraudulently alters any licence of
or certificate for marriage, or offers, disposes of, or puts off any
such licence or cerificate, knowing the same to be forged or fraudulently
altered, shall be guilty of felony, and, being convicted thereof shall
be liable, at the discretion of the court, to imprisonment with hard
labour for any term not exceeding 7 years and not leass than three
years or to imprisonment for any term not exceeding 2 years, with
or without hard labour and with or without solitary confinement.
Forgery of Registers of Births, etc.
37 every person who-
(1) unlawfully destroys, defaces, or injures, or causes or permits to
destroyed, defaced, or injured, any register of births, baptisms,
marriages, deaths, or burials which now is or hereafter may be by
law authorized 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) forges or fraudulently alters in any such register any entry
relating to any birth, baptism, marriage, death, or burial, or any
part of any such register, or any certified copy of any such register, or
any part thereof; or
(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 to any birht, 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 a copy of or extract from any such
register, knowing such writing, or the prt of such register whereof
such copy or extract is so given, to be false in any material
particualr; or
(6) forges or counterfeits the seal of or belonging to any register
office or burial board; or
(7) offers, utters, disposes of, or puts off any such register, entry,
certified copy, certificate, or seal, knowing the same to be false,
forged, or altered; or
(8) offers, utters, disposes of, or puts off any copy of any entry in
any such register, knowing such entry to be false, forged, or
altered,
shall be guilty of felony, and, being convicted therof, shall be liable,
at the discretion of the court, to imprisonment with hard labour for
life or for any term not less than 3 years or to imprisonment for any term
not exceeeding 2 years, with or without hard labour and with or without
solitary confinement.
38 every person who-
(1) knowingly and wilfully inserts, or causes or permits to be inserted,
in any register directed or required by law to be transmitted
to any registrar or other officer any false entry of any matter
relating to any baptism, marriage, or burial; or
(2) forges or alters, or offers, utters, disposes of, or puts off, knowing
the same to be forged or altered, any copy of any register so
directed or required to be transmitted as aforesaid; or
(3) knowingly and wilfully signs or verifies any copy of any register
so directed or required to be transmitted as aforesaid, which copy
is false in any part therof, knowing the same to be false; or
(4) unlawfully destroys, defaces, or in jures, or for any fraudulent
purpose takes from its place of deposit or conceals, any such copy
of any register,
shall be guilty of felony, and, being convicted thereof, shall be liable, at
the discretion of the court, to imprisonment with hard labour for life or
for any term not less than 3 years or to imprisonment for any term
not exceeding 2 years, with or without hard labour and with or without
solitary confinement.
Demanding Property upon Forged Instruments.
39 every person who, with intent to defraud, demands, receives, or
obtaines, or causes or procures to bedelivered or paid to any person, or
endeavours to receive or obtain, or to cause or procure to be delivered or
paid to any person, any chattel, money, security for money, or other
property whatsoever under, upon, or by virture of any forged or altered
instrument whatsoever, knowing the same to be forged or altered, or
under, upon, or by virtue of any attested copy of any will, testament,
codicil, or testamentary writing deposited in any registrar's office in
this colony, knwing the will, testament, codicil, or tesstamentary writing
in respect of which such attested copy has been obtained to have
been forged or altered, or knowing such attested copy to have been
obtained by any false oath, affirmation, declaration, or affidavit, shall be
guilty of felony, and, being convicted thereof, shall be liable, at the
discretion of the court, to imprisonment with hard labour for any term
not exceeding fourteen years and not less than 3 years or to imprisonment
for any term not exceeding two years, with or without ahrd labour
and with or without solitary confinement.
Miscellaneous Forgeries.
40 where by this or by any other ordinance any person now is or
hereafter may be made liable to punishment for forging or altering, or
for offering, uttering, disposing of, or putting off, knowing hte same to
be forged or altered, any instrument or writing designated in such ordinance
by any special name or description, and suh instrument or
writing obligatory, or a bill of exhange, or a promissory note for the
payment of money, or any indorsement on or assignment of a bill of
exhange or promissory note for the payment of money, or an accepttance
of a bill of exchange, or an undertaking, warrant, order, authority,
or request for the payment of money, or an indorsement on or assignment
of an undertaking, warrant, order, authority, or request for the
payment of money, within the true intent and meaning of this ordinance,
in every such case the person forging or altering such instrument
or writing, or offering, uttering, disposing of, or putting off such instrument
or writing, knowing the same to be forged or altered, may be
indicted as an offender against this ordinance and punished accordingly.
41-(1) where the forging or altering any writing or matter whatsoever, or
the offering, uttering, disposing of, or putting of f any writing
or matter whatsoever, knowing the same to be forged or altered, is in
this ordinance expressed to be an offence, if any person in this colony
forges or alters, or offers, utters, disposes of, or puts off, knowing the
same to be foreed or altered, any such writing or matter, in whatsowever
place or country out of this colony, whether in her majesty's
dominions or not, such writing or matter purports to be made or has
been made, and in whatever language the same or any part thereof is
expressed, every such person, and every person aiding, abetting, or
counselling such person, shall deemed to be an offender within the
meaning of this ordinance, and shall be punishable thereby in the same
manner as if the writing or matter had purported to be made or had
been made in this colony.
(2) if any person in this colony forges or alters, or offers, utters, disposes of,
or puts off, knowing the same to be forged or altered, any bill
of exchange, or any promissory note for the payment of money, or
any indorsement on or assignment of any bill of exchange or promissory
note for the payment of money, or any acceptance of any bill of exchange
or any undertaking, warrant, order, authority, or request for the payemtn
of money or for the delivery or transfer of any goods or security, or any
deed, bond, or writing obligatory for the payment of money (whether
such deed, bond, or writing obligatory is made only for the payment of
money or for the payment of money together with some other purpose),
or any indorsement on or assignment of any such undertaking, warrant,
order, authority, request, deed, bond, or writing obligatory, in whatsoever
place or country out of this colony, whether in her majesty's dominions
or not, the money payable or secured by such bill, note, undertaking,
warrant, order, authority, request, deed, bond, or writing obligatory is
or purports to be payable, and in whatever language the same respectively
or any part thereof is expressed, and whether such bill, note, undertaking,
warrant, order, authority, or request is or is not under seal,
every such person, and every person aiding, abetting, or counselling
such person, shall be deemed to be an offender within the meaning of this
ordinance, and shall be punishable thereby in the same manner as if the
money had been payable or had purported to be payable in this colony.
Supplemental Provisions.
42 in any indcitment for forging, altering, offering, uttering, disposing of,
or putting off any instrument, it shall be sufficient to describe
such instrument by any name or designation by which the same is
usually known, or by the purport thereof, without setting out any copy
or facsimile thereof, or otherwise decribing the same or the value
thereof.
43 in any indictment for engraving or making the whole or any part
of any instrument, matter, or thing whatsoever, or for using or having
the unlawful custody or possession of any plate or other material upon
which the whole or any part of any instrument, matter, or thing whatsoever
has been engraved or made, or for having the unlawful custody
or possession of any paper upon which the whole or any part of any
instrument, matter, or thing whatsoever has been made or printed, it
shall be sufficient to describe such instrument, matter, or thing by any
name or designation by which the same is usually known, without setting
out any coppy or facsimile of the whole or any part of such instrument,
matter, or thing.
44 in any indictment for forging, altering, uttering, offering, disposing of, or
putting off any instrument whatsoever, where it is necessary
to allege an intent to defraud, it shall be sufficient to allege
that the accused did the act with intent to defraud, without alleging
an intent to defraud any aprticular person; and on the trial of any such
offence it shall not be necessay to provie an intent to defraud any parti-
cular person, but it shall be sufficient to prove that the accused did the
act charged with an intent ot defraud.
45 where the having any matter in the custody or possession of any
person is in this ordinance expressed to be an offence, if any person-
(1) has any such matter in his personal cutody or possession; or
(2) knowingly and wilfully has any such matter in the actual custody
or possession of any other person; or
(3) knowinly and wilfully has any such matter in any dwelling-
house or other building, lodging, apartment, field, or other place,
open or enclosed, whether belonging to or occupied by himself or
not, and whether such matter is so had for his own use or for the
use or benefit of another,
every such person shall be deemed and taken to have such matter in
his custody or possession within the meaning of this ordinance.
46 if it is made to appear, by information upon oath, affirmatio, or
declaration before a justice of the peace, that there is reasonable cause
to believe that any person has in his custody or possession, without
lawful authority or excuse, any note or bill of the governor and company
of the bank of england or ireland, or of any body corporate,
company, or person carrying on the business of bankers, or any frame,
moiuld, or implement for making paper in imitation of the paper used
for such notes or bills, or any such paper, or any plate, wood, stone, or
other material having thereon any words, forms, devices, or characters
capable of producing or intendedto produce the impression of any such
note or bill, or any part thereof, or any tool, implement, or material
used or emlyed or intended to be used or employed in or about any of
the operations aforesaid, or any forged security, document, or instrument
whatsoever, or any marchinery, frame, mould plate, die, seal, paper, or
other matter or thing used or employed or intended to be used or
employed in the forgery of any security, document, or instrument
whatsoever, such justice may, if he thinks fit, grant a warrant to search
for the same; and if the same is found on such serach, it shall be lawful
to seize and carry the same before a police magistrate, to be by him
dispoed of according to law; and all such matters and things so seized
as aforesaid shall, by order of the court where any such offender is
tried, or, in case there is no such trial, then by order of a police magistrate,
be defaced and destroyed or otherwise disposed of as such court
or magistrate may direct.
47 every person who, after the commencement of this ordinance, is covicted
of an offence which has been subjected by any enactment
or enactments in force in this colony to the same pains and penalties as
are imposed by the act of parliament 5 elizabeth chapter 14, entitled 'an act againsy forgers of false deeds and writings,' for any of the
offences first enumerated in the said act shall be guilty of felony, and
shall, in lieu of such pains and penalites, be liable, at the discretion
of the court, to imprisonment with hard labour for any term not exceeding 14
years and not less than three years or to imprisonment
for any term not exceeding 2 years, with or without hard
labour and with or wihtou solitary confinement.
48 where, by any enactment now in force in this colony, any
person falsely making, forging, counterfeiting, earasing, or altering any
matter whatsoever, or utering, publishing, offering, disposing of, putting
away, or making use of any matter whatsoever, knowing the saem to
have been falsely made, forged, counterfeited, erased, or altered, or any
person demanding or endeavouring to receive or have any thing, or to
do or cause to be done any act, upon or by virtue of any matter whatsoever,
knowing such matter to have been falsely made, forged, counterfeited,
erased, or altered, would, according to the provisions contained in
any such enactment, be guilty of felony, and would, before the passing
of the act 1 william 4 chapter 66, entitled 'an act for reducting into
one act all such forgeries as shall hereafter be punished with death, and
for otherwise amending the laws relative to forgery,' have been liable
to suffer death as a felon; or where, by any enactment now in force in this
colony, any person falsely personating another, or falsely acknowledging
any thing in the name of another, or falsely representing any other
person than the real 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 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 afffidavit, false affirmation, or false
declaration, or demanding or receiving any money or other thing by
virtue of any probate or letters of addministration, knowing 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 obtained
by means of any false oath, false affirmation, or false decaration,
would, according to the provisions contained in any such act, be
guilty of felony, and would before the passing of the said act 1 william 4
chapter 66, have been liable to suffer death as a felon; or where,
by any enactment now in ofrce in this colony, any person making or
using, or knowingly having in this custody or possession, any frame,
mould, or instrument for the making of paper, with certain words
visible in the substance thereof, or any person making such paper,
or cuasing 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, and would before the passing of the said 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, after the commencement of
this ordinance, is convicted of any such felony as is hereinbefore in this
section mentioned, or of aiding, abetting, counselling, or procuring the
commission thereof, and the same is not punishable under any of the
other provisions of this ordinance, every such person shall be liable, at
the discretion of the court, to imprisonment with hard labour for life or
for any term not less than 3 years or to imprisonment for any term
not exceeding 2 years, with or without hard labour and with or without
solitary confinement.
49-(1) in the case of every felony punishable under this ordinance,
every principal in the second degree, and every accessary before
the fact, 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 , on conviction, be liable, at the discretion of the
court, to imprisonment for any term not exceeding two years, with or
without hard labour and with or without solitary confinement.
(3) every person who aids, abet, 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 misdemeanor under
this ordinance, it shall be lawful for the court, if it thinks fit, in addition
to or in lieu of any of the punishemnts authorized by this ordinance, to
fine the offender, and to require him to enter into his own recognizances,
and to find sureties, both or either, for keeping the peace and being of
good behaviour.
(2) in all cases of feloines mentioned in this ordinance, it shall be
lawful for the court, if it thinks fit, to require the offender to enter into
his own recognizances, and to find sureties, both or either, for keeping
the peace, in addition to any of the punishments authorized by this ordinance:
provided that no person shall be imprisoned under this section
for not finding sureties for any period exceeding one year.
51 whenever imprisonment, with or without hard labour, may be
awarded for any offence under this ordinance, the court may sentence
the offender to be imprisoned, or to be imprisoned and kept to hard
labour, and in either case the sentence shall be carried out in accordance
with the provisions of any ordinance for the time being in force relating
to prisons.
52 whenever solitary confinement may be awarded for any offence
under this ordinance, the court may direct the offender to be kept in
solitary confinement for any portion or portions of his imprisonment, or
of his imprisonment with hard labour, not exceeding one month at any
one time and not exceeding three months in any one year.
A.D. 1865. Ordinance No. 6 of 1865. Short title. Forgoing Great Seal, etc., or Public Seal of the Colony. 24 & 25 Vict. C. 98 s. 1. Forging seal of public officer or of company. Forging transfer of stock or of power of attorney relating thereto. 24 & 25 Vict. C. 98 s. 2. Personating owner of stock, and transferring or receiving, etc., dividend thereon. Ib. s. 3. Forging attestation to power of attorney for transfer of stock, etc. 24 & 25 Vict. C. 98 s. 4. Making false entry in bank book, etc. Ib. s. 5. Making out of false dividend warrant by bank clerk. 24 & 25 Vict. C. 98 s. 6. Forging public bond, debenture, etc. Ib. s. 7. Forging exchequer bill, etc. Ib. s. 8. Making plate, etc., in imitation of those used for exchequer bills, etc. 24 & 25 Vict. C. 98 s. 9. Making paper in imitation of that used for exchequer bills, etc. Ib. s. 10. Purchasing paper, etc., to be used for exchequer bills, etc. 24 & 25 Vict. C. 98 s. 11. Forging bank note, etc. Ib. s. 12. Purchasing, receiving, or having forged bank note, etc. Ib. s. 13. Making or having frame, etc., for making paper with the words 'Bank of England' or Bank of Ireland, or with curved bar lines, etc., or selling such paper. 24 & 25 Vict. C. 98 s. 14. Proviso as to paper used for bills of exchange, etc., 24 & 25 Vict. C. 98 s. 15. Engraving or having plate, etc., for making notes of Bank of England or Ireland or other bank, or having paper on which a blank bank note etc., is printed. Ib. s. 16. Engraving on plate, etc., any word, number, or device resembling part of bank note or bill, or having any paper on which the same is impressed. 24 & 25 Vict. C. 98 s. 17. Making or having frame, etc., for making paper with name of banker, or making or having such paper. 24 & 25 Vict. C. 98 s. 18. Engraving plate for foreign bills or notes, etc., Ib. s. 19. Forging deed, bond, etc. 24 & 25 Vict. C. 98 s. 20. Forging will. Ib. s. 21. Forging bill of exchange or promissory note. Ib. s. 22. Forging order, receipt, etc., for money, good, etc. Ib. s. 23. Making or accepting bill of exchange by procuration without lawful authority, or uttering bill of exchange, etc., so made. 24 & 25 Vict. C. 98 s. 24. Obliterating, etc., crossing on cheque. Ib. s. 25. Forging debenture. Ib. s. 26. Forging proceeding of Court of Record, Court of Equity, or Court of Vice-Admiralty. 24 & 25 Vict. C. 98 s. 27. Forging copy or certificate of record or process of Court not of Record, and using forged process. Ib. s. 28. Forging instrument made evidence by Act of parliament or Ordinance. 24 & 25 Vict. C. 98 s. 29. Forging memorial, etc., relating to registry of deeds. Ib. s. 31. See Ordinance No. 1 of 1844. Forging summons, etc., of Justice. 24 & 25 Vict. C. 98 s. 32. Forging official signature. Ib. s. 33. Acknowledging recognizance, etc., in name of another. 24 & 25 Vict. C. 98 s. 34. Forging or uttering marriage licence or certificate. Ib. s. 35. Forging or uttering register of births, baptisms, marriages, deaths, or burials. Ib. s. 36. Making false entry in copy of register sent to Registrar. 24 & 25 Vict. C. 98 s. 37. Demanding property upon forged instrument. Ib. s. 38. Forging instrument, however designated, which is in law a will, etc., 24 & 25 Vict. C. 98 s. 39. Forging, etc., document in the Colony purporting to be made out of the Colony, etc. Ib. s. 40. Description of instrument in indictment for forgery. 24 & 25 Vict. C. 98 s. 42. Description of instrument in indictment for engraving, etc. Ib. s. 43. Intent to defraud particular persons need not be alleged or proved. Ib. s. 44. Explanation as to criminal possession. 24 & 25 Vict. C. 98 s. 45. Search for paper or implements employed in forgery, and for forged instruments. Ib. S. 46. Substitution of other punishments for those of 5 Eliz. C. 14. 24 & 25 Vict. C. 98 s. 47. Punishment of forgeries which were capital before 1 Will. 4, c. 66, and are not otherwise punishable under the Ordinance. Ib. s. 48. Principals in second degree, accessories, and abettors. 24 & 25 Vict. C. 98 s. 49. Fine and sureties for keeping peace. Ib. s. 51. Punishment of hard labour. Ib. s. 52. See Ordinance No. 4 of 1899. Punishment of solitary confinement. 24 & 25 Vict. C. 98 s. 53.
Abstract
A.D. 1865. Ordinance No. 6 of 1865. Short title. Forgoing Great Seal, etc., or Public Seal of the Colony. 24 & 25 Vict. C. 98 s. 1. Forging seal of public officer or of company. Forging transfer of stock or of power of attorney relating thereto. 24 & 25 Vict. C. 98 s. 2. Personating owner of stock, and transferring or receiving, etc., dividend thereon. Ib. s. 3. Forging attestation to power of attorney for transfer of stock, etc. 24 & 25 Vict. C. 98 s. 4. Making false entry in bank book, etc. Ib. s. 5. Making out of false dividend warrant by bank clerk. 24 & 25 Vict. C. 98 s. 6. Forging public bond, debenture, etc. Ib. s. 7. Forging exchequer bill, etc. Ib. s. 8. Making plate, etc., in imitation of those used for exchequer bills, etc. 24 & 25 Vict. C. 98 s. 9. Making paper in imitation of that used for exchequer bills, etc. Ib. s. 10. Purchasing paper, etc., to be used for exchequer bills, etc. 24 & 25 Vict. C. 98 s. 11. Forging bank note, etc. Ib. s. 12. Purchasing, receiving, or having forged bank note, etc. Ib. s. 13. Making or having frame, etc., for making paper with the words 'Bank of England' or Bank of Ireland, or with curved bar lines, etc., or selling such paper. 24 & 25 Vict. C. 98 s. 14. Proviso as to paper used for bills of exchange, etc., 24 & 25 Vict. C. 98 s. 15. Engraving or having plate, etc., for making notes of Bank of England or Ireland or other bank, or having paper on which a blank bank note etc., is printed. Ib. s. 16. Engraving on plate, etc., any word, number, or device resembling part of bank note or bill, or having any paper on which the same is impressed. 24 & 25 Vict. C. 98 s. 17. Making or having frame, etc., for making paper with name of banker, or making or having such paper. 24 & 25 Vict. C. 98 s. 18. Engraving plate for foreign bills or notes, etc., Ib. s. 19. Forging deed, bond, etc. 24 & 25 Vict. C. 98 s. 20. Forging will. Ib. s. 21. Forging bill of exchange or promissory note. Ib. s. 22. Forging order, receipt, etc., for money, good, etc. Ib. s. 23. Making or accepting bill of exchange by procuration without lawful authority, or uttering bill of exchange, etc., so made. 24 & 25 Vict. C. 98 s. 24. Obliterating, etc., crossing on cheque. Ib. s. 25. Forging debenture. Ib. s. 26. Forging proceeding of Court of Record, Court of Equity, or Court of Vice-Admiralty. 24 & 25 Vict. C. 98 s. 27. Forging copy or certificate of record or process of Court not of Record, and using forged process. Ib. s. 28. Forging instrument made evidence by Act of parliament or Ordinance. 24 & 25 Vict. C. 98 s. 29. Forging memorial, etc., relating to registry of deeds. Ib. s. 31. See Ordinance No. 1 of 1844. Forging summons, etc., of Justice. 24 & 25 Vict. C. 98 s. 32. Forging official signature. Ib. s. 33. Acknowledging recognizance, etc., in name of another. 24 & 25 Vict. C. 98 s. 34. Forging or uttering marriage licence or certificate. Ib. s. 35. Forging or uttering register of births, baptisms, marriages, deaths, or burials. Ib. s. 36. Making false entry in copy of register sent to Registrar. 24 & 25 Vict. C. 98 s. 37. Demanding property upon forged instrument. Ib. s. 38. Forging instrument, however designated, which is in law a will, etc., 24 & 25 Vict. C. 98 s. 39. Forging, etc., document in the Colony purporting to be made out of the Colony, etc. Ib. s. 40. Description of instrument in indictment for forgery. 24 & 25 Vict. C. 98 s. 42. Description of instrument in indictment for engraving, etc. Ib. s. 43. Intent to defraud particular persons need not be alleged or proved. Ib. s. 44. Explanation as to criminal possession. 24 & 25 Vict. C. 98 s. 45. Search for paper or implements employed in forgery, and for forged instruments. Ib. S. 46. Substitution of other punishments for those of 5 Eliz. C. 14. 24 & 25 Vict. C. 98 s. 47. Punishment of forgeries which were capital before 1 Will. 4, c. 66, and are not otherwise punishable under the Ordinance. Ib. s. 48. Principals in second degree, accessories, and abettors. 24 & 25 Vict. C. 98 s. 49. Fine and sureties for keeping peace. Ib. s. 51. Punishment of hard labour. Ib. s. 52. See Ordinance No. 4 of 1899. Punishment of solitary confinement. 24 & 25 Vict. C. 98 s. 53.
Identifier
https://oelawhk.lib.hku.hk/items/show/565
Edition
1901
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 4 of 1865
Number of Pages
24
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FORGERY ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/565.
