Forgery Act 1861

1. Introductory Text

2. As to forging Her Majesty's Seals :—

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

      1. 1. Whosoever shall forge or counterfeit, or shall utter, knowing the...

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

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

      1. 2. Whosoever shall forge or alter, or shall offer, utter, dispose...

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

      1. 3. Whosoever shall falsely and deceitfully personate any Owner of any...

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

      1. 4. Whosoever shall forge any Name, Handwriting, or Signature purporting to...

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

      1. 5. Whosoever shall wilfully make any false Entry in, or wilfully...

   5. Clerks of the Bank making out false Dividend Warrants.

      1. 6. Whosoever, being a Clerk, Officer, or Servant of or other...

4. As to forging India Bonds :—

   1. Forging an East India Bond.

      1. 7. Whosoever shall forge or alter, or shall offer, utter, dispose...

5. As to forging Exchequer Bills, &c.:—

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

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

   2. Making Plates, &c. in imitation of those used for Exchequer Bills, &c.

      1. 9. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

   3. Making Paper in imitation of that used for Exchequer Bills, &c.

      1. 10. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

   4. Having in possession, Paper, Plates, or Dies to be used for Exchequer Bills, &c.

      1. 11. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

6. As to forging Bank Notes :—

   1. Forging a Bank Note, &c.

      1. 12. Whosoever shall forge or alter, or shall offer, utter, dispose...

   2. Purchasing or receiving or having forged Bank Notes.

      1. 13. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

7. As to making and engraving Plates, &c. for Bank Notes, &c.:—

   1. Making or having Mould for making Paper with the Words " Bank of England," or "Bank of Ireland," or with curved Bar Lines, &c., or selling such Paper.

      1. 14. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

   2. Proviso as to Paper used for Bills of Exchange, &c.

      1. 15. Nothing in the last preceding Section contained shall prevent any...

   3. Engraving or having any Plate, &c. for making Notes of Bank of England or Ireland, or other Banks, or having such Plate, &c., or uttering or having Paper upon which a blank Bank Note, &c. shall be printed.

      1. 16. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

   4. Engraving on a Plate, &c. any Word, Number, or Device resembling Part of a Bank Note or Bill, or using or having any such Plate, &c., or uttering or having any Paper on which any such Word, &c. is impressed.

      1. 17. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

   5. Making or having Mould for making Paper with the Name of any Banker, or making or having such Paper.

      1. 18. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

   6. Engraving Plates for Foreign Bills or Notes, or using or having such Plates, or uttering Paper on which any Part of any such Bill or Note is printed.

      1. 19. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

8. As to forging Deeds, Wills, Bills of Exchange, &c.:—

   1. Forging Deeds, Bonds, &c.

      1. 20. Whosoever, with Intent to defraud, shall forge or alter, or...

   2. Forging Wills.

      1. 21. Whosoever, with Intent to defraud, shall forge or alter, or...

   3. Forging Bills of Exchange or Promissory Notes.

      1. 22. Whosoever shall forge or alter, or shall offer, utter, dispose...

   4. Forging Orders, Receipts, &c. for Money, Goods, &c.

      1. 23. Whosoever shall forge or alter, or shall offer, utter, dispose...

   5. Any Person making or accepting any Bill, Note, &c. by Procuration, without lawful Authority, or uttering any such Bill, Note, &c. so made or accepted, with Intent to defraud, to be guilty of Felony.

      1. 24. Whosoever, with Intent to defraud, shall draw, make, sign, accept,...

   6. Obliterating Crossings on Cheques.

      1. 25. Whenever any Cheque or Draft on any Banker shall be...

   7. Forging Debentures.

      1. 26. Whosoever shall fraudulently forge or alter, or shall offer, utter,...

9. As to forging Records, Process, Instruments of Evidence, &c.:—

   1. Forging Proceedings of Courts of Record or Courts of Equity.

      1. 27. Whosoever shall forge or fraudulently alter, or shall offer, utter,...

   2. Forging Copies or Certificates of Records, Process of Courts not of Record, and using forged Process.

      1. 28. Whosoever, being the Clerk of any Court, or other Officer...

   3. Forging Instruments made Evidence by any Act of Parliament.

      1. 29. Whosoever shall forge or fraudulently alter, or shall offer, utter,...

10. As to forging Court Rolls :—

    1. Forging Court Rolls.

       1. 30. Whosoever shall forge or alter, or shall offer, utter, dispose...

11. As to forging Registers of Deeds :—

    1. Forgery as to the Registry of Deeds.

       1. 31. Whosoever shall forge or fraudulently alter, or shall offer, utter,...

12. As to forging Orders, &c. of Justices of the Peace :—

    1. Forging Orders of Justices, Recognizances, Affidavits, &c.

       1. 32. Whosoever, with Intent to defraud, shall forge or alter, or...

13. As to forging the Name of the Accountant General, &c.:—

    1. Forging Name of Accountant General, &c. of Court of Chancery in England or Ireland, or of any Judge of the Landed Estates Court in Ireland.

       1. 33. Whosoever, with Intent to defraud, shall forge or alter any...

14. As to falsely acknowledging Recognizances, &c.:—

    1. Acknowledging Recognizance, Bail, Cognovit, &c. in the Name of another.

       1. 34. Whosoever, without lawful Authority or Excuse (the Proof whereof shall...

15. As to forging Marriage Licences :—

    1. Forging or uttering Marriage Licence or Certificate.

       1. 35. Whosoever shall forge or fraudulently alter any Licence of or...

16. As to forging Registers of Births, Marriages, and Deaths:—

    1. Forging Registers of Births, Baptisms, Marriages, Deaths, or Burials.

       1. 36. Whosoever shall unlawfully destroy, deface, or injure, or cause or...

    2. Making false Entries in Copies of Register sent to Registrar.

       1. 37. Whosoever shall knowingly and wilfully insert or cause or permit...

17. As to demanding Property upon forged Instruments :—

    1. Demanding Property upon forged Instruments.

       1. 38. Whosoever, with Intent to defraud, shall demand, receive, or obtain,...

18. As to other Matters :—

    1. Forging any Instrument, however designated, which is in Law a Will, Bill of Exchange, &c.

       1. 39. Where by this or by any other Act any Person...

    2. Forging, &c. in England or Ireland Documents purporting to be made, or actually made, out of England and Ireland, forging, &c. in England or Ireland Bills of Exchange, &c. purporting to be payable out of England or Ireland.

       1. 40. Where the forging or altering any Writing or Matter whatsoever,...

    3. Forgers, &c. may be tried in the County where they are apprehended or are in Custody.

       1. 41. If any Person shall commit any Offence against this Act,...

    4. Description of Instrument in Indictments for Forgery.

       1. 42. In any Indictment for forging, altering, offering, uttering, disposing, or...

    5. Description of Instrument in Indictments for engraving, &c.

       1. 43. In any Indictment for engraving or making the whole or...

    6. Intent to defraud particular Persons need not be alleged or proved.

       1. 44. It shall be sufficient, in any Indictment for forging, altering,...

    7. Interpretation as to criminal Possession.

       1. 45. Where the having any Matter in the Custody or Possession...

    8. Search for Paper or Implements employed in any Forgery, and for forged Instruments.

       1. 46. If it shall be made to appear, by Information on...

    9. Other Punishments substituted for those of the 5 Eliz. c. 14., which have been adopted in other Acts.

       1. 47. Whosoever shall, after the Commencement of this Act, be convicted...

    10. All Forgeries which were Capital before the 1 W.4. c. 66., and are not otherwise punishable under this Act, shall be punished with Penal Servitude for Life, &c.

        1. 48. Where by any Act now in force any Person falsely...

    11. Principals in the Second Degree and Accessories.

        1. 49. In the Case of every Felony punishable under this Act,...

    12. Offences committed within the Jurisdiction of the Admiralty.

        1. 50. All indictable Offences mentioned in this Act which shall be...

    13. Fine and Sureties for keeping the Peace; in what Cases.

        1. 51. Whenever any Person shall be convicted of a Misdemeanor under...

    14. Hard Labour.

        1. 52. Whenever Imprisonment, with or without Hard Labour, may be awarded...

    15. Solitary Confinement.

        1. 53. Whenever Solitary Confinement may be awarded for any Offence under...

    16. The Costs of the Prosecution of Misdemeanor against this Act may be allowed.

        1. 54. The Court before which any indictable Misdemeanor against this Act...

    17. Act not to extend to Scotland.

        1. 55. Nothing in this Act contained shall extend to Scotland except...

    18. Commencement of Act.

        1. 56. This Act shall commence and take effect on the First...