FORGERY. 24 & 25 VICT. c. XCVIII. An Act to consolidate and amend the Statute Law of England and Ireland relating to indictable Offences by Forgery. [6th August, 1861.] W THEREAS it is expedient to consolidate and amend the Statute Law of England and Ireland relating to indictable offences by forgery: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: As to forging Her Majesty's seals: 1. Whosoever shall forge or counterfeit, or shall Forging the Great Seal, utter, knowing the same to be forged or counter- Privy Seal, feited, the Great Seal of the United Kingdom, Her &c. Majesty's Privy Seal, any Privy Signet of Her Majesty, Her Majesty's Royal Sign Manual, any of Her Majesty's seals appointed by the twenty-fourth Article of the Union between England and Scotland to be kept, used, and continued in Scotland, the Great Seal of Ireland, or the Privy Seal of Ireland, or shall forge or counterfeit the stamp or impression of any of the seals aforesaid, or shall utter 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 the seals aforesaid, knowing the same to be forged or counterfeited, or shall forge N or alter, or utter 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 being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Forging transfer of certain power of Note. This clause is taken from the 1 Will. 4, c. 66, s. 2; 2 & 3 Will. 4, c. 123; and 1 Vict. c. 84, ss. 2, 3, and is new in Ireland. Under the 1 Will. 4, c. 66, s. 2, the offences mentioned in the earlier part of this clause were treason; but as the capital punishment had been abolished, it was thought proper to reduce them to felonies. The part in italics is new, and provides for offences much more likely to be committed than the forgery of the seals themselves. These offences are: 1, The forging the impression of any of the said seals; 2, The uttering any document having the impression of any such forged seal on it, knowing it to be forged; 3, The uttering any forged impression intended to resemble the impression of any of the said seals, knowing the same to be forged; 4, Forging or uttering, knowing the same to be forged, any document having any of the said impressions thereon. As to hard labour, &c., see ante, p. 5. As to forging transfers of stock, &c. :— 2. Whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be stock, and forged or altered, any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England, or at the Bank of Ireland, or of or in the capital stock of any body corporate, company, or society which now is or hereafter may be attorney relating thereto. established by charter, or, by, under, or by virtue of any Act of Parliament, or shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any power of attorney or other authority to transfer any share or interest of or in any such stock, annuity, public fund, or capital stock, or to receive any dividend or money payable in respect of any such share or interest, or shall demand or endeavour to have any such share or interest transferred, or to receive any dividend 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 being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note.-This clause is framed from the 1 Will. 4, c. 66, s. 6; 2 & 3 Will. 4, c. 123; 1 Vict. c. 84, ss. 1, 2, 3; and 37 Geo. 3, c. 54, ss. 12, 15 (I.). The words " offer, dispose of, or put off," are introduced to render this clause consistent with the subsequent clauses in this Act. The words "under or by virtue of” are introduced to include any company established under the provisions of any Act; though not established by the Act itself. The words " or money are new. As to hard labour, &c., see ante, p 5. owner of 3. Whosoever shall falsely and deceitfully per- Personatsonate any owner of any share or interest of or in ing the any stock, annuity, or other public fund which now certain is or hereafter may be transferable at the Bank of stock, and England, or at the Bank of Ireland, or any owner of transferring or any share or interest of or in the capital stock of any receiving body corporate, company, or society which now is or or endea transfer or receive the dividends. vouring to hereafter may be established by charter, or by, under, or by virtue of any Act of Parliament, or any owner of any dividend or money payable in respect of any such share or interest as aforesaid, and shall thereby transfer or endeavour to transfer any share or interest belonging to any such owner, or thereby receive dr endeavour to receive any money due to any such owner, as if such offender were the true and lawful owner, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Forging attestation transfer of stock, &c. Note. This clause is framed from the 1 As to the words in italics, see the last note. 4. Whosoever shall forge any name, handwriting, to power of or signature purporting to be the name, handwriting, attorney for 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 any such stock, annuity, public fund, or capital stock as is in either of the last two preceding sections mentioned, or to receive any dividend or money payable in respect of any such share or interest, or shall offer, utter, dispose of, or put off any such power of attorney or other authority, with any such forged name, handwriting, or signature, thereon, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note. This clause is taken from the 1 Will. 4, c. 66, s. 8, and is new in Ireland. The words of that section were "forge the name or handwriting of any person as or purporting to be a witness," and the terms in this clause were substituted in order to prevent a doubt in case the name of a non-existing person were used in the attestation of a power of attorney. As to hard labour, &c., see ante, p. 5. tries in the 5. Whosoever shall wilfully make any false entry Making in, or wilfully alter any word or figure in, any of false en the books of account kept by the governor and com- books of pany of the Bank of England or the governor and the public company of the Bank of Ireland, in which books funds. the accounts of the owners of any stock, annuities, or other public funds which now are or hereafter may be transferable at the Bank of England or at the Bank of Ireland shall be entered and kept, or shall in any manner wilfully falsify any of the accounts of any of such owners in any of the said books, with intent in any of the cases aforesaid to defraud ; or shall wilfully make any transfer of any share or interest of or in any stock, annuity, or other public fund which now is or hereafter may be transferable at the Bank of England or at the Bank of Ireland, in the name of any person not being the true and lawful owner of such share or interest, with intent to defraud, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note. This clause is taken from the 1 Will. 4, c. 66, s. 5, but there were similar provisions in the 37 Geo. 3, c. 54, ss. 14, 16 (I.), relating to the Bank of Ireland. As to hard labour, &c., see ante, p. 5. |