Page images
PDF
EPUB

lating to the government of her majesty's land or naval forces.

73. [Whenever any person shall be convicted of any indictable misdemeanor punishable under this act, the court may, if it shall think fit, in addition to or in lieu of any of the punishments by this act authorized, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony punishable under this act, the court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by this act authorized: provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year.]

Fine and keeping the peace; in what cases.

sureties for

74. Whenever imprisonment, with or without Hard labour. hard labour, may be awarded for any indictable offence under this act, the court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction.

Framed on the 7 & 8 Geo. 4, c. 30, s. 17.

75. Whenever solitary confinement may be awarded for any indictable offence under this act, the court may direct the offender to be kept in solitary confinement for any portion or portions of ais imprisonment, or of his imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year; [and whenever whipping may be awarded for any

I

Solitary conwhipping.

finement and

Summary proceedings in England may be under the 11 & 12 Vict. c. 43, and in Ireland under the 14 & 15 Vict. c. 93;

except in London and the metropolitan police district.

The costs of the prosecution of misdemeanors against this

indictable offence under this act, the court may sentence the offender to be once privately whipped; and the number of strokes, and the instrument with which they shall be inflicted, shall be specified by the court in the sentence.]

The first part of the section is framed on the 7 Will. 4 & 1 Vict. c. 90, s. 5.

76. [Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by the act of the session holden in the eleventh and twelfth years of queen Victoria, chapter forty-three, so far as no provision is hereby made for any matter or thing which may be required to be done in the course of such prosecution, and may be prosecuted in Ireland before two or more justices of the peace, or one metropolitan or stipendiary magistrate, in the manner directed by the act of the session holden in the fourteenth and fifteenth years of queen Victoria, chapter ninety-three, or in such other manner as may be directed by any act that may be passed for like purposes, and all provisions contained in the said acts shall be applicable to such prosecutions in the same manner as if they were incorporated in this act provided that nothing in this act contained shall in any manner alter or affect any enactment relating to procedure in the case of any offence punishable on summary conviction within the city of London or the metropolitan police dis trict, or the recovery or application of any penalty or forfeiture for any such offence.}

77. [The court before which any indictable misdemeanor against this act shall be prosecuted or allow the costs of the prosecution in the

tried

may

allowed.

same manner as in cases of felony; and every order act may be for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.]

See the note to the corresponding section of the Larceny Act, 24 & 25 Vict. c. 96, s. 121, ante, p. 118.

78. Nothing in this act contained shall extend to Scotland, except as hereinbefore otherwise expressly provided.

Act not to
Scotland.

extend to

ment of act.

79. This act shall commence and take effect on Commencethe first day of November, one thousand eight hundred and sixty-one.

24 & 25 VICT. CAP. 98.

An Act to consolidate and amend the Statute Law of England and Ireland relating to indictable Offences by Forgery.

[6th August, 1861.]

Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to indictable offences by forgery (a): 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

(a) The offence of forgery cannot be tried at quarter sessions. See the statute 5 & 6 Vict. c. 38 (unrepealed).

Forging the

great seal, privy seal,

&c.

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 utter, knowing the same to be forged or counterfeited, the great seal of the united kingdom, her majesty's privy seal, any privy signet of her majesty, her 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 impres sion 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 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 im prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 2, and extended to Ireland. This offence was, under the last-men

tioned act, high treason. As to imprisonment and solitary confinement, see post, ss. 52, 53.

As to forging transfers of stock, &c. :

transfer of

certain stock,

and power of

lating

thereto.

2. Whosoever shall forge or alter or shall [offer,] Forging utter, [dispose of, or put off,] knowing the same to be forged or altered, any transfer of any share attorney reor 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 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 confine

ment.

Framed on the 11 Geo. 4 & 1 Will. 4, c. 66, s. 6. That and the Irish Act, 37 Geo. 3, c. 54, ss. 12, 15, are assimi

« EelmineJätka »