may be under the 11 & 12 Vict. c. 43, and in Ireland under the 14 & 15 Vict. c. 93; in England mary 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 London and shall in any manner alter or affect any enactment politan relating to procedure in the case of any offence punishPolice Dis- able on summary conviction within the city of London or the Metropolitan Police District, or the recovery or application of any penalty or forfeiture for any such offence. except in the Metro trict. tion of mis Note. See the note to s. 76 of the Offences against the Person Act, ante, p. 67. The costs of 77. The Court before which any indictable misdethe prosecu- meanor against this Act shall be prosecuted or tried demeanors may allow the costs of the prosecution in the same against this manner as in cases of felony; and every order for the Act may 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. be allowed. Act not to 78. Nothing in this Act contained shall extend extend to to Scotland, except as hereinbefore otherwise expressly provided. Scotland. Commence ment of Act. 79. This Act shall commence and take effect on the first day of November One thousand eight hundred and sixty-one. 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.] HEREAS 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, and 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 : &c. 1. Whosoever shall forge or counterfeit, or shall Forging the utter, knowing the same to be forged or counter- Great Seal, Privy Seal, feited, 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 impression of any of the seals aforesaid, or shall utter any document or instrument whatsoever, haviny 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 confine ment. Forging transfer of certain Note.-This clause is taken from the 1 Will. 4, c. 66, s. 1; 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. 1, 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 power of 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.. 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 transferany share or interest of or in the capital stock of any receiving body corporate, company, or society which now is or or endea L ring or vouring to hereafter may be established by charter, or by, under, transfer or or by virtue of any Act of Parliament, or any owner receive the of any dividend or money payable in respect of any dividends. Forging to power of 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. Note.-This clause is framed from the 1 Will. 4, c. 66, s. 7, and the latter part of s. 6; but there were similar provisions in the 37 Geo. 3, c. 54, s. 12 (I.), relating to the Bank of Ireland. As to the words in italics, see the last note. 4. Whosoever shall forge any name, handwriting, attestation or signature purporting to be the name, handwriting, attorney for or signature of a witness attesting the execution of transfer of any power of attorney or other authority to transfer stock, &c. 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. |