FORGERY ORDINANCE, 1865
Title
FORGERY ORDINANCE, 1865
Description
No. 4 of 1865.
To consolidate and amend the Laws relating to Indictable Offences
by Forgery. [14th June,1865.]
1.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,
His Majesty's Privy Seal,any Orivy Signet of His Majesty,His
Majesty's Royal Sign Manual,any of His Majesty's Seals
appointed by the 24th article of the Union between England and
Scotland to be kept,used,and continued in Scotland,the Great
Seal of Ireland,the Privy Seal of Ireland,or the Public Seal of
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 ot counterfeitd seal,knowing the same to be 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 same to be forged
or altered,any document or instrument having any of the said
stamps or impressions threon or affixed thereto, shall be guilty of felony,and shall be liable to imprisonment for
life.
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 be 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 seals aforesaid,
knowing the same to be forged or counterfeited;or
(4)forges or alters,or utters ,knowing the same 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 felony,and shall be liable to imprisonment for
any term not exceeding 14 years.
Forgery of transfers of stock,etc.
4.Every person who-
(1)forges or alters ,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 tranferable at any bank or
public office in this Colony,or 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
(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 dicidend or money payable in respect of any such share or
interest;or (3)demands or endeavours to have any such share or interest
transferred,or to receive any dividens or money payable 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 defraud,shall be
guilty of felony,and shall be liable to imprisonment for life.
5.Every person who falsely and deceitfully personates-
(1)any owner of any share or interest of or in any stovk,
annuity,or other public fund which now is or hereafter may be
transferable at any bank or public office in this Colony;or
(2)any owner of any share or interest of or in the capital
stock of any bank or of any body corporate,company,or society
which now is or hereafter may be established by charter or by,
under,or by virtue or any Act of Parliament or Ordinance;or
(3)any owner of any dividend or money payable in respect of
any such share or interest as aforesaid;or
(4)any owner of any money deposited in any savings bank in
this Colony,
and thereby transfers or endeavours to transfer any share or
interest belonging to any such owner,or thereby receives or
endeavours or receive any money due to any such owner,as if
such offender were the true and lawful owner,shall be guilty of
felony,and shall be liable to imprisonment for life.
6.Every person who-
(1)forges any name,handwriting,or signature purporting to
be the name,handwriting,or signature of a witness attesting
the execution of any power of attorney or other authority to
transfer any share or interest of or in such stock,annuity,
public fund,or capital stock as is mentioned in either of the last
two sections,or to receive any dividend or money payable in
respect of any such share or interest;or
(2)offers,utters,disposes of,or puts off any suchy power of
attorney or other authority,with any such forged name,hand-
writing,or signature thereon,knowing the same to be forged,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years. 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 savings
bank in this Colony or by any body corporate,company,or society
which now is or hereafter may be established by charter or by,
under,or by virtue of any Act of 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
(2)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 or interest of ir
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 guitly
of felony,and shall be liable to imprisonment for life.
8.Every person who,being a clerk,officer,or servant of,or
othe person employed or entrusted in the cusiness of any savinga
bank in this Colony or by any such body corporate,company,or
society as aforesaid,knowingly makes out or delivers any dividend
warrant,or warrant for payment of any interest or money,for
a greater or less amount than the person on whose behalf such
warrant is made out is entitled to,with intent to defraud,shall
be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 7 years.
Forgery of public bonds,etc.
9.Every person who forges 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 for the raising
of any loan or for any other purpose relating to the public service,
or any indorsement on or assignment of any such bond,debenture,
coupon,or security,with intent to defraud,shall be guilty of
felony,and shall be liable to imprisonment for life.
Forgery of exchequer bills,etc.
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 bill, bond, or debenture, or any indorsement on or assign-
ment of any exchequer bill, bond, or debenture, or any receipt or
certificate for interest accruing thereon,with intent to defraud,
shall be guilty of felonly and shall be liable to imprisonment for life.
11, Every person who,without lawful authority or excuse, 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 words, letters, figures, marks,
lines, or devices peculiar to and appearing in the substance of any
paper provided or to be provided or used for exchequer bills, bonds,
or debenturos, or any machinery for working any threads into the
substance of any paper,or any such thread,and intended 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 for prepar-
ing any such plate or for sealing such excbequer bills, bonds, 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 shall
be liable, to imprisonment for any term not exceeding 7 years.
12. Every person who, without lawful authority or excuse,-
(1) makes, or causes or procures 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 such exchequer bills, bonds, or debentures, or
any part of such words, letters, fignres, marks, Iines, threads, or
other devices, and intended to imitate the same ; or
(22) knowingly has in his custody or possession any paper what-
soever 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 mentioned in the last section,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
13.Every person who,without lawful authority or excuse,pur-
chases,or receives,or knowingly has in his custody or possession
any paper manufactured and provided by or under the directions
of the Commissioners of Inland Revenue or Commissioners of His
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 publuc use,or any such plate ,die,
or seal as is mentioned in the last two sections,shall be guilty of
a misdemeanor,and shall be liable to imprisonment for any term
not exceeding 3 years.
Forgery of bank notes.
14.-(1)Every person who forges 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 Bank of England,or of the
Bank of Ireland,or of any other banker,commonly called a bank
note,a bank bill of exchange ,or a bank post bill,or any indorse-
ment on or assignment of any bank note,bank bill of exchange,
or bank post bill,with intent to defraud,shall be guilty of felony,
and shall be liable to imprisonment for life.
(2)In this and the following sections of this Ordinance,
'banker' means any body corporate,company,or person,carry-
ing on the business of banking,other than the Bank of England
and the Bank of Ireland.
15.Every person who,without lawful authority or excuse,pur-
chases or receives from any other person,or has in his custody or
possession,any forged bank note,bank bill of exchange,or ank
post bill,or blank bank note,blank bank bill of exchange,or blank
bank post bill,knowing the same to be forged,shall be guilty of
felony,and shall be liable to imprisonmeny for any term not exceed-
ing 14 years.
Making and engraving plates,etc.,for bank notes,etc.
16.Every person who,without lawful authority or excuse,-
(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, visible in
the substance of the paper, or for the making of paper with curved
or waving bar lines, or with the laying wire lines thereof in a
waviing 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 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 whatso-
ever 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 lilies 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 with any device or or distinction
peculiar to and appearing in the substance of the paper used by
the Banks of England and Ireland respectively for any notes,
bills of exchange, 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 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 numerical sum or amount of any bank note, bank
bill of exchange,or bank post bill,or blank bank noter,blank bank
bill of exchange,or blank bank post bill,in a word or words in
Roman letters,to appear visible in the substance of the paper
whereon the same is written or printed,
shall be guilty of felony, and shall be liable to imprisonment for
any term not exceeding 14 years.
17. Nothing in the last section shall prevent any person from
issuing any bill of exchange or promissory note having the
amount thereof expressed in guineas, or in a numerical figure or
figures denoting the amount thereof in pounds sterling, appearing
visible in the substance of the paper whereon the same is written
or printed, or shall prevent any person from making, using, or
selling any paper having waving or curved lines or any other
devices in the nature or watermarks visible in the substance of
the paper, not beitig bar lines or laying wire lines, provided the
same are not so contrived as to form 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 Banks
of England and Ireland respectively.
18. Every person who, without lawful authority or excuse,-
(1) engraves or in anywise makes upon any plate whatsoever
or upon any wood, stone, or other material any promisory 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 Bank of England,
or of the Bank of Ireland, or of any other banker, or to be a blank
bank note, blank promissory note,blank bank bill of exchange,
or blank bank post bill of the Bank of England,or of the Bank
of Ireland, or of any other banker,or to be a part of a bank note,
promissory note, bank bill of exchange, or bank post bill of the
Bank of England, or of the Bank of Ireland, or of any other
banker, or any name, word, or character resembling or apparently
intended to resemble any subscription to any bill of exchange or
promissory note issued by the Bank of England,or by the Bank
of Ireland, or by any other banker;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 banh post bill, or blank bank note,
blank bank bill of exchange, or blank post bill,or part of
a bank note, bank bill of exchamye, 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
Bank of England,or of the Bank of Ireland,or of any other
banker,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 shall be liable to imprisonment for
any term not exceeding 14 years.
19.Every person who,without lawful authority or excuse,-
(1)engaraves or in anywise 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 Bank
of England,or of the Bank or Ireland,or of any other banker;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 the impressing or making upon anu 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 Bank of
England,or of the Bank of Ireland,or of any other banker;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 shall be liable to imprisonment for
any term not exceeding 14 years.
20.Every person who,without lawful authority or excuse,-
(1)makes or uses any frame,mould,or instrument for the manu-
facture of paper,with the name or firm of any banker 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 firm of any banker apperars visible;
or
(4)by any art or contrivance,causes the name or firm of any
banker to appear visible in the substance of the paper upon which
the same is written or printed,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years.
21.Every person who,without lawful authority or excuse,-
(1)engraves or in anywise makes upon any plate whatsoever,or
upon any wood,stone,or other material,any bill of exchange,
promissory note,undertaking,or order for payment of money,or
any part of any bill of exchange,in whatsoever language the same may
be expressed,and whether the same is or is not,or is or is not in-
tended to be,under seal,purporting to be the bill,note,under-
taking,or order,or part of the bill,note,undertaking,or order,of
any foreign prince or state,or of any minister or officer in the
service of any forign prince or state,or of any corporate or
body of the like nature constituted or recognised by any foreign
prince or state,or of any person or company of persons resident
in any country not in His Majesty's dominions;or
(2)uses,or knowingly has in his custody or possession,any
plate,stone,wood,or other material upon which 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 shall be liable to imprisonment for
any term not exceeding 14 years.
Forgery of deeds,wills,bills of exchange,etc.
22.Every person who,with intent to defraud,-
(1)forges or alters,or offers,utters,disposes of,or puts off,
knowing the same to be forged or altered,any deed,or any bond
or writing obligatory,or any assignment at law or in equity of any
such bond or writing obligatory;or
(2)forges any name,handwriting,or signature of a witness
attesting the execution of any deed,bond,or writing obligatory;or (3)offers,utters,disposes of,or puts off any deed,bond,or
writing obligatory having thereon any such foreign name,hand-
writing,or signature,knowing the same to be forged,
shall be guilty of fewlony,and shall be liable to imprisonment for life.
23.Every person who,with intent to defraud,forges or alters,
or offers,utters,disposes of,or outs off,knowing the same to be
forged or altered,any will shall be guilty of felony,and shall bw
liable to imprisonment for life.
24.Every person who,with intent to defraud,forges or laters,
or offers,utters,disposes of,or puts off,knowing the same to be
forged or altered,any bill of exchange,or any acceptance,indorse-
ment,or assignment of any bill of exchange,or any promissory
note for the payment of money or any indorsement or assignment
of any such promissory note,shall be guilty of felony,and shall be
liable to imprisonment for life.
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 assignment
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 indoresement on or assignment of any such account-
able receipt,with intent,in any of the cases aforesaid,to defraud,
shall be guilty of felony,and shall be liable to imprisonment for
life.
26.Every person who,with intent to defraud,-
(1)draws,makes,signs,accepts,or indorses any bill of ex-
change or promissory note or any undertaking,warrant,order,
authority,or request for the payment of money,or for the delivery
or tansfer 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
account 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 request so drawn,made,
signed,accepted,or indorsed by procuration or otherwise without
lawful authority or excuse as aforesaid,knowing the same to have
been so drawn,made,signed,accepted,or indorsed as aforesaud,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years.
27.Whenever any cheque or draft on any banker is crossed with
the name of a banker 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 liable
of felony,and shall be liable to imprisonment for life.
28.Every person who forges or fraudulently alters,or offers,
utters,disposes of,or pits off,knowing the same to be forged
or fraudulently altered,any debenture issued under any lawful
authority whatsoever,either within His Majesty's dominions or
elsewhere,shall be guilty of felony,and shall be liable to imprison-
ment for any term not exceeding 14 years.
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 to be forged or
fraudulently altered,any record,writ,return,panel,process,rule,
order,warrant,interrogatory,deposition,affidavit,recognizance,
cognovit actionem,or warrant of attorney,or any original docu-
ment whatsoever of or belonging to nay Court of Record,or any
bill,petition,process,notice,rule,answer,pleading,interrogatory,
deposition,affidavit,report,order or decree,or any original
document whatsoever of or belonging to any Court in this Colony,
or any documnet or writing or any copy of any document or
writing used or intended to be used as evidence in any Court men-
tioned in this section,shall be guilty of felony,and shall be liable
to imprisonment for any term not exceeding 7 years. 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
(3)forges or fraudulently alters,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 in this Colony;or
(5)forges or fraudulently alters any process of any Court other
than such Courts as are mentioned in the last section;or
(6)serves or enforces any forged process of any Court whatso-
ever,knowing the same to be forged;or
(7)delivers or causes to 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,or a copy thereof,
knowing the same to be false;or
(8)acts or professes to act under any such false process,know-
ing the same to be false,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
31.Every person who forges or fraudulently alters,or offers,
utters,disposes of,or puts off,knowing the same to be forged or
fraudulently altered,any instrument,whether written or printed
or partly written and partly printed,which is made evidence in
this Colony by any enactment,and for which offence no punish-
ment is herein provided,shall be guilty of felony,and shall be
liable to imprisonment for any term not exceeding 7 years.
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 ro fraudulently altered, any memorial,affidavit,entry,certficate,indorsement,document,
or writing made or issued under the provisions of any Ordinance
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,entry,cetificate,indorsement,document,or
writing,which is required or directed to be signed by or by virtue
of any enactment;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 shall be liable to imprisonment for
any term not exceeding 14 years.
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 off,knowing the same to be
forged or altered,any summons,conviction,order,or warrant of
any Justice of the Peace,or any recognizance purporting to have
been entered into before any Justice of the Peace or other officer
authorised to take the same,or any examination,deposition,or
affidavit,taken or made before any Justice of the Peace or any
Commissioner appointed to administer oaths,shall be guilty of
felony,and shall be liable to imprisonment for any term not
exceeding 3 years.
Forgery of official signatures.
34.Every person who,with 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 Treasurer,Local Auditor,Land Officer,or any officer of customs,or by any officer of any Court in this Colony,
or the name,handwriting,or signature of the Governor,or of any
such officers as aforesaid;or
(2)offers,utters,disposes of,or puts off any such certifcate,
report,entry,licence,permit,indorsement,direction,authority,
instrument,or writing,knowing the same to be forged or altered,
shall be guilty of felony,and shall be laible to imprisonment for
any term not exceeding 14 years.
Falsely acknowledging recognizances,etc.
35.Every person who,without lawful authority or excuse,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 lawfullt authorised in that behalf,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
Forgery of marriage licences.
36.Every person who forges or fraudulently alters any licence
of or certificate for marriage,or offers,utters,disposes of ,or puts
off any such licence or certificate,knowing the same to be forged or
fraudulently alteredm,shall be guilty of felony,and shall be liable
to imprisonment for any term not exceeding 7 years.
Forgery of registers of births,etc.
37.Every person who-
(1)unlawfully destroys,defaces,or injures,or causes or permits
to be destroyed,defaced,or injured,any register of births,
baptisms,marriages,deaths,or burials which is by law authorised
or required to be kept in this Colony,or any part of any such
register,or any certified copy of any such register,or any part
thereof;or
(2)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 birth,baptism,marriage,
death,or burial;or
(4)knowingly and unlawfully gives any false certificate relating
to any birth,baptism,marriage,death,or burial;or
(5)certifies any writing to be a copy of or extract from any such
register,knowing such writing,or the part of such register whereof
such copy or extract is so given,to be false in any memorial parti-
cular;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 shall be liable to imprisonment for
life.
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 trans-
mitted to any registrar or other officedr 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)knowing 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 thereof,knowing the same to be false;or
(4)unlawfully destroys,defaces,or injures,or for any defraudulent
purpose takes from its place of deposit or conseals,any such copy
of any register,
shall be guilty of felony,and shall be liable to imprisonment for life.
Demanding property upon forged instrument.
39.Every person who,with intent to defrayd,demands,receives,
or obtains,or causes or procures to be delivered 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 virtue 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,deposited in any registrar's office in this Colony,
knowing such will to have been forged or altered,or knowing such
attested copy to have been obtained by any false oath or affidavit,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years.
Miscellancous forgeries.
40.Where by this or by any other Ordinance any person is made
liable to punishment for forging or altering,or for offering,utter-
ing,disposing of,or putting off,knowing the same to be forged or
altered,any instrument or writing designated in such Ordinance by
any special name or description,and such instrument or writing,
however designated,is in law a will,or a mortgage,lease,contract,
deed,bond,or writing obligatory,or a bill of exchange,or a pro-
missory note for the payment of money,or an indorsement on or
assignment of a bill of exchange or promissory note for the payment
of money,or an acceptance 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 off
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 forged or altered,any such writ-
ing,or matter,in whatsoever place or country out of this Colony,
whether in His 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 be
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 payment 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 His 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,under-
taking,warrant,order,authority,or reqyest is or is not under seal,
every such person,and every person aided,abetting,or coun-
selling of this Ordinance,and shall be deemed to be an offender within the
same manner as if the money had been payable or had purported
to be payable in this Colony.
Supplemental provisions.
42.In any indictment 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 describing
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 whatso-
ever 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 copy 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 particular person;and on the trial
of any such offence it shall not be necessary to prove an intent to
defraud any particular person,but it shall be sufficient to prove that
the accused did the act charged with an intent to 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 custody or possession;or
(2)knowingly and wilfully has any such matter in the actual
custody or possession of any other person;or
(3)knowingly 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 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 before a
Justice of the Peace,that there is reasonable cause to believe that
any person has in his custody or possession,without lawful author-
ity or excuse,any note or bill of the Bank of England or Ireland, or of any banker,or any frame,mould,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 pro-=
ducing or intended to produce the impression of any such note or
bill,or any part thereof,or any tool,implement,or material used
or employed 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 machinery,frame,mould,plate,die,
seal,paper,or other matter or thing used or employed or intended
to be used or emplyed in the forgery of any security,document,
or instrument whatsoever,such Justice may grant a warrant to
search for the same;and if the same is found on such search,it
shall be lawful to seize and carry the same before a Magistrate,to
be by him disposed 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 Magistrate,be defaced and destroyed or otherwise
disposed of as such Court or Magistrate may direct.
[s.47,rep.No.50 of 1911.]
48.Where,by any enactment now in force,any person-
(1)falsely making,forging,counterfeiting,erasing,or altering
any matter whatsoever,or uttering,publishing,offering,disposing
of,putting away,or making use of any matter whatsoever,knowing
the same to have been falsely made,forged,counterfeited,erased,
or altered,or any person demanding or endeavouring to receive
or have any thing,or 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;or
(2)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 book,account,or document,or
wilfully making a transfer of any stock,annuity,or fund in the
name of any person not being the owner thereof,or knowingly
taking any false oath,or knowingly making nay false affidavit, or
demanding or receiving any money or other thing by virtue of any probate or letters o administration,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;or
(3)making or using,or knowingly having in his 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 causing certain words to appear
visible in the substance of any paper,
would,according to the provisions contained in any such enactment,
be guilty of felony,and would before the passing of the Act 1
William IV,chapter 66,have been liable to suffer death as a felon,
then,and in each of the several cases aforesaid,if any person is
convicted of any such felony,or of aiding,abetting,counselling,
or procuring the commission thereof,and the same is not punish-
able under any of the other provisions of this Ordinance,he shall
be liable to imprisonment for life.
49.-(1)In the case of every felony punishable under this
Ordinance,every principal in the second degree,and every acces-
sory,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 be liable to imprisonment for any term not
exceeding 2 years.
(3)Every person who aids,abets,counsels,or procures the com-
mission 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 mesdemeanor
under this Ordinance,it shall be lawful for the Court,in addition
to or in lieu of any of the punishments authorised 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 felonies mentioned in this Ordinance,it shall
be lawful for the Court 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 authorised by this
Ordinance:Provided that no person shall be imprisoned under this
section for not finding sureties for any period exceeding one year.
[ss.51,52,rep.No.30 of 1911.]
Abettor in misdemeanor may be indicted, etc., as principal offender. [24 & 25 Vict. C. 94 s. 8.] Forging seal of public officer or of company. Forging transfer of stock or power of attorney relating thereto. [24 & 25 Vict. C. 98 s. 2.] Personating owner of stock, and transferring or receiving dividend thereon. [24 & 25 Vict. C. 98 s. 3.] Forging attestation to power of attorney for transfer of stock, etc. [ib.s.4.] Making false entry in bank book, etc. [24 & 25 Vict. C. 98 s. 5.] Making out false dividend warrant by bank clerk. [ib.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 and 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. [ib.s.18.] Engraving plate for foreign bills or notes, etc. [24 & 25 Vict. C. 98 s. 19.] Forging deed, bond, etc. [ib.s.20.] Forging will. [24 & 25 Vict. C. 98. S. 21.] Forging bill of exchange or promissory note. [ib.s.22.] Forging order, receipt, etc., for money, goods, etc. [ib.s.23.] Making or accepting bill of exchange by procuration without lawful authority, or uttering bill of exchange, etc., so made. [ib.s.24.] Obliterating, etc., crossing on cheque. [24 & 25 Vict. C. 98 s. 25.] Forging debenture. [ib.s.26.] Forging proceeding of Court. [ib.s.27.] Forging copy or certificate of record or process of Court and using forged process. [24 & 25 Vict.c.98 s. 28.] Forging instrument made evidence by Act or Ordinance. [ib.s.29.] Forging memorial, etc., relating to registry of deeds. [ib.s.31.] [See 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 register sent to registrar. [24 & 25 Vict.c.98 s. 37.] Demanding property upon forged instrument. [ib.s.38.] Forging instrument, 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. [24 & 25 Vict.c.98 s.43.] Intent to defraud particular persons need not be alleged or proved. [ib.s.44.] Explanation of criminal.possession. [ib.s.45.] Search for paper or implements employed in forgery and for forged instruments. [ib.s.46.] Punishment of forgeries which were capital before 1 Will. IV.c.66, and not otherwise punishable under the Ordinance. [24 & 25 Vict.c.98 s.48.] Principal in second degree, accessories and abettors. [24 & 25 Vict.c.98 s.49.] Fine and sureties for keeping the peace. [ib.s.51.]
To consolidate and amend the Laws relating to Indictable Offences
by Forgery. [14th June,1865.]
1.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,
His Majesty's Privy Seal,any Orivy Signet of His Majesty,His
Majesty's Royal Sign Manual,any of His Majesty's Seals
appointed by the 24th article of the Union between England and
Scotland to be kept,used,and continued in Scotland,the Great
Seal of Ireland,the Privy Seal of Ireland,or the Public Seal of
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 ot counterfeitd seal,knowing the same to be 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 same to be forged
or altered,any document or instrument having any of the said
stamps or impressions threon or affixed thereto, shall be guilty of felony,and shall be liable to imprisonment for
life.
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 be 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 seals aforesaid,
knowing the same to be forged or counterfeited;or
(4)forges or alters,or utters ,knowing the same 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 felony,and shall be liable to imprisonment for
any term not exceeding 14 years.
Forgery of transfers of stock,etc.
4.Every person who-
(1)forges or alters ,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 tranferable at any bank or
public office in this Colony,or 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
(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 dicidend or money payable in respect of any such share or
interest;or (3)demands or endeavours to have any such share or interest
transferred,or to receive any dividens or money payable 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 defraud,shall be
guilty of felony,and shall be liable to imprisonment for life.
5.Every person who falsely and deceitfully personates-
(1)any owner of any share or interest of or in any stovk,
annuity,or other public fund which now is or hereafter may be
transferable at any bank or public office in this Colony;or
(2)any owner of any share or interest of or in the capital
stock of any bank or of any body corporate,company,or society
which now is or hereafter may be established by charter or by,
under,or by virtue or any Act of Parliament or Ordinance;or
(3)any owner of any dividend or money payable in respect of
any such share or interest as aforesaid;or
(4)any owner of any money deposited in any savings bank in
this Colony,
and thereby transfers or endeavours to transfer any share or
interest belonging to any such owner,or thereby receives or
endeavours or receive any money due to any such owner,as if
such offender were the true and lawful owner,shall be guilty of
felony,and shall be liable to imprisonment for life.
6.Every person who-
(1)forges any name,handwriting,or signature purporting to
be the name,handwriting,or signature of a witness attesting
the execution of any power of attorney or other authority to
transfer any share or interest of or in such stock,annuity,
public fund,or capital stock as is mentioned in either of the last
two sections,or to receive any dividend or money payable in
respect of any such share or interest;or
(2)offers,utters,disposes of,or puts off any suchy power of
attorney or other authority,with any such forged name,hand-
writing,or signature thereon,knowing the same to be forged,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years. 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 savings
bank in this Colony or by any body corporate,company,or society
which now is or hereafter may be established by charter or by,
under,or by virtue of any Act of 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
(2)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 or interest of ir
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 guitly
of felony,and shall be liable to imprisonment for life.
8.Every person who,being a clerk,officer,or servant of,or
othe person employed or entrusted in the cusiness of any savinga
bank in this Colony or by any such body corporate,company,or
society as aforesaid,knowingly makes out or delivers any dividend
warrant,or warrant for payment of any interest or money,for
a greater or less amount than the person on whose behalf such
warrant is made out is entitled to,with intent to defraud,shall
be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 7 years.
Forgery of public bonds,etc.
9.Every person who forges 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 for the raising
of any loan or for any other purpose relating to the public service,
or any indorsement on or assignment of any such bond,debenture,
coupon,or security,with intent to defraud,shall be guilty of
felony,and shall be liable to imprisonment for life.
Forgery of exchequer bills,etc.
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 bill, bond, or debenture, or any indorsement on or assign-
ment of any exchequer bill, bond, or debenture, or any receipt or
certificate for interest accruing thereon,with intent to defraud,
shall be guilty of felonly and shall be liable to imprisonment for life.
11, Every person who,without lawful authority or excuse, 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 words, letters, figures, marks,
lines, or devices peculiar to and appearing in the substance of any
paper provided or to be provided or used for exchequer bills, bonds,
or debenturos, or any machinery for working any threads into the
substance of any paper,or any such thread,and intended 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 for prepar-
ing any such plate or for sealing such excbequer bills, bonds, 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 shall
be liable, to imprisonment for any term not exceeding 7 years.
12. Every person who, without lawful authority or excuse,-
(1) makes, or causes or procures 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 such exchequer bills, bonds, or debentures, or
any part of such words, letters, fignres, marks, Iines, threads, or
other devices, and intended to imitate the same ; or
(22) knowingly has in his custody or possession any paper what-
soever 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 mentioned in the last section,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
13.Every person who,without lawful authority or excuse,pur-
chases,or receives,or knowingly has in his custody or possession
any paper manufactured and provided by or under the directions
of the Commissioners of Inland Revenue or Commissioners of His
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 publuc use,or any such plate ,die,
or seal as is mentioned in the last two sections,shall be guilty of
a misdemeanor,and shall be liable to imprisonment for any term
not exceeding 3 years.
Forgery of bank notes.
14.-(1)Every person who forges 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 Bank of England,or of the
Bank of Ireland,or of any other banker,commonly called a bank
note,a bank bill of exchange ,or a bank post bill,or any indorse-
ment on or assignment of any bank note,bank bill of exchange,
or bank post bill,with intent to defraud,shall be guilty of felony,
and shall be liable to imprisonment for life.
(2)In this and the following sections of this Ordinance,
'banker' means any body corporate,company,or person,carry-
ing on the business of banking,other than the Bank of England
and the Bank of Ireland.
15.Every person who,without lawful authority or excuse,pur-
chases or receives from any other person,or has in his custody or
possession,any forged bank note,bank bill of exchange,or ank
post bill,or blank bank note,blank bank bill of exchange,or blank
bank post bill,knowing the same to be forged,shall be guilty of
felony,and shall be liable to imprisonmeny for any term not exceed-
ing 14 years.
Making and engraving plates,etc.,for bank notes,etc.
16.Every person who,without lawful authority or excuse,-
(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, visible in
the substance of the paper, or for the making of paper with curved
or waving bar lines, or with the laying wire lines thereof in a
waviing 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 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 whatso-
ever 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 lilies 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 with any device or or distinction
peculiar to and appearing in the substance of the paper used by
the Banks of England and Ireland respectively for any notes,
bills of exchange, 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 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 numerical sum or amount of any bank note, bank
bill of exchange,or bank post bill,or blank bank noter,blank bank
bill of exchange,or blank bank post bill,in a word or words in
Roman letters,to appear visible in the substance of the paper
whereon the same is written or printed,
shall be guilty of felony, and shall be liable to imprisonment for
any term not exceeding 14 years.
17. Nothing in the last section shall prevent any person from
issuing any bill of exchange or promissory note having the
amount thereof expressed in guineas, or in a numerical figure or
figures denoting the amount thereof in pounds sterling, appearing
visible in the substance of the paper whereon the same is written
or printed, or shall prevent any person from making, using, or
selling any paper having waving or curved lines or any other
devices in the nature or watermarks visible in the substance of
the paper, not beitig bar lines or laying wire lines, provided the
same are not so contrived as to form 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 Banks
of England and Ireland respectively.
18. Every person who, without lawful authority or excuse,-
(1) engraves or in anywise makes upon any plate whatsoever
or upon any wood, stone, or other material any promisory 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 Bank of England,
or of the Bank of Ireland, or of any other banker, or to be a blank
bank note, blank promissory note,blank bank bill of exchange,
or blank bank post bill of the Bank of England,or of the Bank
of Ireland, or of any other banker,or to be a part of a bank note,
promissory note, bank bill of exchange, or bank post bill of the
Bank of England, or of the Bank of Ireland, or of any other
banker, or any name, word, or character resembling or apparently
intended to resemble any subscription to any bill of exchange or
promissory note issued by the Bank of England,or by the Bank
of Ireland, or by any other banker;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 banh post bill, or blank bank note,
blank bank bill of exchange, or blank post bill,or part of
a bank note, bank bill of exchamye, 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
Bank of England,or of the Bank of Ireland,or of any other
banker,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 shall be liable to imprisonment for
any term not exceeding 14 years.
19.Every person who,without lawful authority or excuse,-
(1)engaraves or in anywise 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 Bank
of England,or of the Bank or Ireland,or of any other banker;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 the impressing or making upon anu 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 Bank of
England,or of the Bank of Ireland,or of any other banker;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 shall be liable to imprisonment for
any term not exceeding 14 years.
20.Every person who,without lawful authority or excuse,-
(1)makes or uses any frame,mould,or instrument for the manu-
facture of paper,with the name or firm of any banker 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 firm of any banker apperars visible;
or
(4)by any art or contrivance,causes the name or firm of any
banker to appear visible in the substance of the paper upon which
the same is written or printed,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years.
21.Every person who,without lawful authority or excuse,-
(1)engraves or in anywise makes upon any plate whatsoever,or
upon any wood,stone,or other material,any bill of exchange,
promissory note,undertaking,or order for payment of money,or
any part of any bill of exchange,in whatsoever language the same may
be expressed,and whether the same is or is not,or is or is not in-
tended to be,under seal,purporting to be the bill,note,under-
taking,or order,or part of the bill,note,undertaking,or order,of
any foreign prince or state,or of any minister or officer in the
service of any forign prince or state,or of any corporate or
body of the like nature constituted or recognised by any foreign
prince or state,or of any person or company of persons resident
in any country not in His Majesty's dominions;or
(2)uses,or knowingly has in his custody or possession,any
plate,stone,wood,or other material upon which 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 shall be liable to imprisonment for
any term not exceeding 14 years.
Forgery of deeds,wills,bills of exchange,etc.
22.Every person who,with intent to defraud,-
(1)forges or alters,or offers,utters,disposes of,or puts off,
knowing the same to be forged or altered,any deed,or any bond
or writing obligatory,or any assignment at law or in equity of any
such bond or writing obligatory;or
(2)forges any name,handwriting,or signature of a witness
attesting the execution of any deed,bond,or writing obligatory;or (3)offers,utters,disposes of,or puts off any deed,bond,or
writing obligatory having thereon any such foreign name,hand-
writing,or signature,knowing the same to be forged,
shall be guilty of fewlony,and shall be liable to imprisonment for life.
23.Every person who,with intent to defraud,forges or alters,
or offers,utters,disposes of,or outs off,knowing the same to be
forged or altered,any will shall be guilty of felony,and shall bw
liable to imprisonment for life.
24.Every person who,with intent to defraud,forges or laters,
or offers,utters,disposes of,or puts off,knowing the same to be
forged or altered,any bill of exchange,or any acceptance,indorse-
ment,or assignment of any bill of exchange,or any promissory
note for the payment of money or any indorsement or assignment
of any such promissory note,shall be guilty of felony,and shall be
liable to imprisonment for life.
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 assignment
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 indoresement on or assignment of any such account-
able receipt,with intent,in any of the cases aforesaid,to defraud,
shall be guilty of felony,and shall be liable to imprisonment for
life.
26.Every person who,with intent to defraud,-
(1)draws,makes,signs,accepts,or indorses any bill of ex-
change or promissory note or any undertaking,warrant,order,
authority,or request for the payment of money,or for the delivery
or tansfer 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
account 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 request so drawn,made,
signed,accepted,or indorsed by procuration or otherwise without
lawful authority or excuse as aforesaid,knowing the same to have
been so drawn,made,signed,accepted,or indorsed as aforesaud,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years.
27.Whenever any cheque or draft on any banker is crossed with
the name of a banker 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 liable
of felony,and shall be liable to imprisonment for life.
28.Every person who forges or fraudulently alters,or offers,
utters,disposes of,or pits off,knowing the same to be forged
or fraudulently altered,any debenture issued under any lawful
authority whatsoever,either within His Majesty's dominions or
elsewhere,shall be guilty of felony,and shall be liable to imprison-
ment for any term not exceeding 14 years.
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 to be forged or
fraudulently altered,any record,writ,return,panel,process,rule,
order,warrant,interrogatory,deposition,affidavit,recognizance,
cognovit actionem,or warrant of attorney,or any original docu-
ment whatsoever of or belonging to nay Court of Record,or any
bill,petition,process,notice,rule,answer,pleading,interrogatory,
deposition,affidavit,report,order or decree,or any original
document whatsoever of or belonging to any Court in this Colony,
or any documnet or writing or any copy of any document or
writing used or intended to be used as evidence in any Court men-
tioned in this section,shall be guilty of felony,and shall be liable
to imprisonment for any term not exceeding 7 years. 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
(3)forges or fraudulently alters,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 in this Colony;or
(5)forges or fraudulently alters any process of any Court other
than such Courts as are mentioned in the last section;or
(6)serves or enforces any forged process of any Court whatso-
ever,knowing the same to be forged;or
(7)delivers or causes to 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,or a copy thereof,
knowing the same to be false;or
(8)acts or professes to act under any such false process,know-
ing the same to be false,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
31.Every person who forges or fraudulently alters,or offers,
utters,disposes of,or puts off,knowing the same to be forged or
fraudulently altered,any instrument,whether written or printed
or partly written and partly printed,which is made evidence in
this Colony by any enactment,and for which offence no punish-
ment is herein provided,shall be guilty of felony,and shall be
liable to imprisonment for any term not exceeding 7 years.
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 ro fraudulently altered, any memorial,affidavit,entry,certficate,indorsement,document,
or writing made or issued under the provisions of any Ordinance
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,entry,cetificate,indorsement,document,or
writing,which is required or directed to be signed by or by virtue
of any enactment;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 shall be liable to imprisonment for
any term not exceeding 14 years.
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 off,knowing the same to be
forged or altered,any summons,conviction,order,or warrant of
any Justice of the Peace,or any recognizance purporting to have
been entered into before any Justice of the Peace or other officer
authorised to take the same,or any examination,deposition,or
affidavit,taken or made before any Justice of the Peace or any
Commissioner appointed to administer oaths,shall be guilty of
felony,and shall be liable to imprisonment for any term not
exceeding 3 years.
Forgery of official signatures.
34.Every person who,with 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 Treasurer,Local Auditor,Land Officer,or any officer of customs,or by any officer of any Court in this Colony,
or the name,handwriting,or signature of the Governor,or of any
such officers as aforesaid;or
(2)offers,utters,disposes of,or puts off any such certifcate,
report,entry,licence,permit,indorsement,direction,authority,
instrument,or writing,knowing the same to be forged or altered,
shall be guilty of felony,and shall be laible to imprisonment for
any term not exceeding 14 years.
Falsely acknowledging recognizances,etc.
35.Every person who,without lawful authority or excuse,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 lawfullt authorised in that behalf,
shall be guilty of felony,and shall be liable to imprisonment for
any term not exceeding 7 years.
Forgery of marriage licences.
36.Every person who forges or fraudulently alters any licence
of or certificate for marriage,or offers,utters,disposes of ,or puts
off any such licence or certificate,knowing the same to be forged or
fraudulently alteredm,shall be guilty of felony,and shall be liable
to imprisonment for any term not exceeding 7 years.
Forgery of registers of births,etc.
37.Every person who-
(1)unlawfully destroys,defaces,or injures,or causes or permits
to be destroyed,defaced,or injured,any register of births,
baptisms,marriages,deaths,or burials which is by law authorised
or required to be kept in this Colony,or any part of any such
register,or any certified copy of any such register,or any part
thereof;or
(2)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 birth,baptism,marriage,
death,or burial;or
(4)knowingly and unlawfully gives any false certificate relating
to any birth,baptism,marriage,death,or burial;or
(5)certifies any writing to be a copy of or extract from any such
register,knowing such writing,or the part of such register whereof
such copy or extract is so given,to be false in any memorial parti-
cular;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 shall be liable to imprisonment for
life.
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 trans-
mitted to any registrar or other officedr 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)knowing 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 thereof,knowing the same to be false;or
(4)unlawfully destroys,defaces,or injures,or for any defraudulent
purpose takes from its place of deposit or conseals,any such copy
of any register,
shall be guilty of felony,and shall be liable to imprisonment for life.
Demanding property upon forged instrument.
39.Every person who,with intent to defrayd,demands,receives,
or obtains,or causes or procures to be delivered 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 virtue 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,deposited in any registrar's office in this Colony,
knowing such will to have been forged or altered,or knowing such
attested copy to have been obtained by any false oath or affidavit,
shall be guilty of felony,and shall be liable to imprisonment for any
term not exceeding 14 years.
Miscellancous forgeries.
40.Where by this or by any other Ordinance any person is made
liable to punishment for forging or altering,or for offering,utter-
ing,disposing of,or putting off,knowing the same to be forged or
altered,any instrument or writing designated in such Ordinance by
any special name or description,and such instrument or writing,
however designated,is in law a will,or a mortgage,lease,contract,
deed,bond,or writing obligatory,or a bill of exchange,or a pro-
missory note for the payment of money,or an indorsement on or
assignment of a bill of exchange or promissory note for the payment
of money,or an acceptance 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 off
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 forged or altered,any such writ-
ing,or matter,in whatsoever place or country out of this Colony,
whether in His 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 be
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 payment 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 His 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,under-
taking,warrant,order,authority,or reqyest is or is not under seal,
every such person,and every person aided,abetting,or coun-
selling of this Ordinance,and shall be deemed to be an offender within the
same manner as if the money had been payable or had purported
to be payable in this Colony.
Supplemental provisions.
42.In any indictment 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 describing
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 whatso-
ever 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 copy 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 particular person;and on the trial
of any such offence it shall not be necessary to prove an intent to
defraud any particular person,but it shall be sufficient to prove that
the accused did the act charged with an intent to 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 custody or possession;or
(2)knowingly and wilfully has any such matter in the actual
custody or possession of any other person;or
(3)knowingly 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 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 before a
Justice of the Peace,that there is reasonable cause to believe that
any person has in his custody or possession,without lawful author-
ity or excuse,any note or bill of the Bank of England or Ireland, or of any banker,or any frame,mould,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 pro-=
ducing or intended to produce the impression of any such note or
bill,or any part thereof,or any tool,implement,or material used
or employed 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 machinery,frame,mould,plate,die,
seal,paper,or other matter or thing used or employed or intended
to be used or emplyed in the forgery of any security,document,
or instrument whatsoever,such Justice may grant a warrant to
search for the same;and if the same is found on such search,it
shall be lawful to seize and carry the same before a Magistrate,to
be by him disposed 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 Magistrate,be defaced and destroyed or otherwise
disposed of as such Court or Magistrate may direct.
[s.47,rep.No.50 of 1911.]
48.Where,by any enactment now in force,any person-
(1)falsely making,forging,counterfeiting,erasing,or altering
any matter whatsoever,or uttering,publishing,offering,disposing
of,putting away,or making use of any matter whatsoever,knowing
the same to have been falsely made,forged,counterfeited,erased,
or altered,or any person demanding or endeavouring to receive
or have any thing,or 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;or
(2)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 book,account,or document,or
wilfully making a transfer of any stock,annuity,or fund in the
name of any person not being the owner thereof,or knowingly
taking any false oath,or knowingly making nay false affidavit, or
demanding or receiving any money or other thing by virtue of any probate or letters o administration,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;or
(3)making or using,or knowingly having in his 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 causing certain words to appear
visible in the substance of any paper,
would,according to the provisions contained in any such enactment,
be guilty of felony,and would before the passing of the Act 1
William IV,chapter 66,have been liable to suffer death as a felon,
then,and in each of the several cases aforesaid,if any person is
convicted of any such felony,or of aiding,abetting,counselling,
or procuring the commission thereof,and the same is not punish-
able under any of the other provisions of this Ordinance,he shall
be liable to imprisonment for life.
49.-(1)In the case of every felony punishable under this
Ordinance,every principal in the second degree,and every acces-
sory,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 be liable to imprisonment for any term not
exceeding 2 years.
(3)Every person who aids,abets,counsels,or procures the com-
mission 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 mesdemeanor
under this Ordinance,it shall be lawful for the Court,in addition
to or in lieu of any of the punishments authorised 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 felonies mentioned in this Ordinance,it shall
be lawful for the Court 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 authorised by this
Ordinance:Provided that no person shall be imprisoned under this
section for not finding sureties for any period exceeding one year.
[ss.51,52,rep.No.30 of 1911.]
Abettor in misdemeanor may be indicted, etc., as principal offender. [24 & 25 Vict. C. 94 s. 8.] Forging seal of public officer or of company. Forging transfer of stock or power of attorney relating thereto. [24 & 25 Vict. C. 98 s. 2.] Personating owner of stock, and transferring or receiving dividend thereon. [24 & 25 Vict. C. 98 s. 3.] Forging attestation to power of attorney for transfer of stock, etc. [ib.s.4.] Making false entry in bank book, etc. [24 & 25 Vict. C. 98 s. 5.] Making out false dividend warrant by bank clerk. [ib.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 and 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. [ib.s.18.] Engraving plate for foreign bills or notes, etc. [24 & 25 Vict. C. 98 s. 19.] Forging deed, bond, etc. [ib.s.20.] Forging will. [24 & 25 Vict. C. 98. S. 21.] Forging bill of exchange or promissory note. [ib.s.22.] Forging order, receipt, etc., for money, goods, etc. [ib.s.23.] Making or accepting bill of exchange by procuration without lawful authority, or uttering bill of exchange, etc., so made. [ib.s.24.] Obliterating, etc., crossing on cheque. [24 & 25 Vict. C. 98 s. 25.] Forging debenture. [ib.s.26.] Forging proceeding of Court. [ib.s.27.] Forging copy or certificate of record or process of Court and using forged process. [24 & 25 Vict.c.98 s. 28.] Forging instrument made evidence by Act or Ordinance. [ib.s.29.] Forging memorial, etc., relating to registry of deeds. [ib.s.31.] [See 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 register sent to registrar. [24 & 25 Vict.c.98 s. 37.] Demanding property upon forged instrument. [ib.s.38.] Forging instrument, 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. [24 & 25 Vict.c.98 s.43.] Intent to defraud particular persons need not be alleged or proved. [ib.s.44.] Explanation of criminal.possession. [ib.s.45.] Search for paper or implements employed in forgery and for forged instruments. [ib.s.46.] Punishment of forgeries which were capital before 1 Will. IV.c.66, and not otherwise punishable under the Ordinance. [24 & 25 Vict.c.98 s.48.] Principal in second degree, accessories and abettors. [24 & 25 Vict.c.98 s.49.] Fine and sureties for keeping the peace. [ib.s.51.]
Abstract
Abettor in misdemeanor may be indicted, etc., as principal offender. [24 & 25 Vict. C. 94 s. 8.] Forging seal of public officer or of company. Forging transfer of stock or power of attorney relating thereto. [24 & 25 Vict. C. 98 s. 2.] Personating owner of stock, and transferring or receiving dividend thereon. [24 & 25 Vict. C. 98 s. 3.] Forging attestation to power of attorney for transfer of stock, etc. [ib.s.4.] Making false entry in bank book, etc. [24 & 25 Vict. C. 98 s. 5.] Making out false dividend warrant by bank clerk. [ib.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 and 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. [ib.s.18.] Engraving plate for foreign bills or notes, etc. [24 & 25 Vict. C. 98 s. 19.] Forging deed, bond, etc. [ib.s.20.] Forging will. [24 & 25 Vict. C. 98. S. 21.] Forging bill of exchange or promissory note. [ib.s.22.] Forging order, receipt, etc., for money, goods, etc. [ib.s.23.] Making or accepting bill of exchange by procuration without lawful authority, or uttering bill of exchange, etc., so made. [ib.s.24.] Obliterating, etc., crossing on cheque. [24 & 25 Vict. C. 98 s. 25.] Forging debenture. [ib.s.26.] Forging proceeding of Court. [ib.s.27.] Forging copy or certificate of record or process of Court and using forged process. [24 & 25 Vict.c.98 s. 28.] Forging instrument made evidence by Act or Ordinance. [ib.s.29.] Forging memorial, etc., relating to registry of deeds. [ib.s.31.] [See 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 register sent to registrar. [24 & 25 Vict.c.98 s. 37.] Demanding property upon forged instrument. [ib.s.38.] Forging instrument, 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. [24 & 25 Vict.c.98 s.43.] Intent to defraud particular persons need not be alleged or proved. [ib.s.44.] Explanation of criminal.possession. [ib.s.45.] Search for paper or implements employed in forgery and for forged instruments. [ib.s.46.] Punishment of forgeries which were capital before 1 Will. IV.c.66, and not otherwise punishable under the Ordinance. [24 & 25 Vict.c.98 s.48.] Principal in second degree, accessories and abettors. [24 & 25 Vict.c.98 s.49.] Fine and sureties for keeping the peace. [ib.s.51.]
Identifier
https://oelawhk.lib.hku.hk/items/show/776
Edition
1912
Volume
v1
Subsequent Cap No.
200
Cap / Ordinance No.
No. 4 of 1865
Number of Pages
22
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FORGERY ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed February 23, 2025, https://oelawhk.lib.hku.hk/items/show/776.
