Forgery Act 1861

JurisdictionUK Non-devolved
Citation1861 c. 98
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Quarto. An Act to consolidate and amend the Statute Law ofEngland and Ireland relating to indictable Offences by Forgery.

(24 & 25 Vict.) C A P. XCVIII.

[6th August 1861]

'WHEREAS it is expedient to consolidate and amend the Statute Law ofEngland 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:—

S-1 Forging the Great Seal, Privy Seal, &c.

1 Forging the Great Seal, Privy Seal, &c.

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 betweenEngland 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 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.

As to forging Transfers of Stock, &c.:—

S-2 Forging Transfer of certain Stock, and Power of Attorney relating thereto.

2 Forging Transfer of certain Stock, and Power of Attorney relating thereto.

2. Whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any Transfer of any Share or Interest of or in any Stock, Annuity, or other Public Fund which now is or hereafter may be transferable at the Bank ofEngland 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 Confinement.

S-3 Personating the Owner of certain Stock, and transferring or receiving or endeavouring to transfer or receive the Dividends.

3 Personating the Owner of certain Stock, and transferring or receiving or endeavouring to transfer or receive the Dividends.

3. Whosoever shall falsely and deceitfully personate any Owner of any Share or Interest of or in any Stock, Annuity, or other Public Fund which now is or hereafter may be transferable at the Bank ofEngland , or at the Bank of Ireland , or any Owner of any Share or Interest 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 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 or 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.

S-4 Forging Attestation to Power of Attorney for Transfer of Stock, &c.

4 Forging Attestation to Power of Attorney for Transfer of Stock, &c.

4. Whosoever shall forge 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 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.

S-5 Making false Entries in the Books of the Public Funds.

5 Making false Entries in the Books of the Public Funds.

5. Whosoever shall wilfully make any false Entry in, or wilfully alter any Word or Figure in, any of the Books of Account kept by the Governor and Company of the Bank ofEngland or the Governor and Company of the Bank of Ireland , in which Books 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.

S-6 Clerks of the Bank making out false Dividend Warrants.

6 Clerks of the Bank making out false Dividend Warrants.

6. Whosoever, being a Clerk, Officer, or Servant of, or other Person employed or intrusted by the Governor and Company of the Bank ofEngland or the Governor and Company of the Bank of Ireland , shall knowingly make out or deliver any Dividend Warrant, or Warrant for Payment of any Annuity, Interest, or Money payable at the Bank of England or Ireland , for a greater or less Amount than the Person on whose Behalf such Warrant shall be made out is entitled to, with Intent to defraud, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to 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.

As to forgingIndia Bonds:—

S-7 Forging an East India Bond.

7 Forging an East India Bond.

7. Whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any Bond commonly called anEast India Bond, or any Bond, Debenture, or Security issued or made under the Authority of any Act passed or to be passed relating to the East Indies , or any Indorsement on or Assignment of any such Bond, Debenture, or Security, with Intent to defraud, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to 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.

As to forging Exchequer Bills, &c.:—

S-8 Forging Exchequer Bills, Bonds, and Debentures, &c.

8 Forging Exchequer Bills, Bonds, and Debentures, &c.

8. Whosoever shall forge or alter, or shall offer, utter...

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