Forgery Act 1861
Encyclopedia
The Forgery Act 1861 is an Act
of the Parliament
of the United Kingdom of Great Britain and Ireland
(as it then was). It consolidated provisions related to forgery
from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the criminal law consolidation Acts 1861
. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Forgery Act 1830
(11 Geo.4 & 1 Will.4 c.66) (and the equivalent Irish Act), incorporating subsequent statutes.
Most of it was repealed by the Forgery Act 1913
, and today forgery is mostly covered by the Forgery and Counterfeiting Act 1981
and the Identity Documents Act 2010. However three offences under the 1861 Act remain in force today (in sections 34, 36 and 37). These deal with forgery of registers of births, marriages and deaths, and with impersonation of a surety
.
This Act was repealed for England and Wales
and Northern Ireland
by the Forgery and Counterfeiting Act 1981
, s.30 & Sch., Pt.I, so far as unrepealed, except ss. 34, 36, 37 & 55.
It was repealed for the Republic of Ireland
by section 3(1) of, and Schedule 1 to, the Criminal Justice (Theft and Fraud Offences) Act, 2001
.
Certain kinds of forgery used to be high treason
until this Act downgraded them to felonies
.
The Act does not apply to Scotland.
This section made it a felony
to forge the great seal, privy seal, the Royal sign manual etc.. This had previously been high treason
under the Forgery Act 1830
. The 1861 Act reduced the penalty from death to penal servitude for life.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 3 - Personating the owner of certain stock, and transferring or receiving or endeavouring to transfer or receive the dividends
This section was repealed by section 33(3) of, and Part I of the Schedule 3 to, the Theft Act 1968
.
Section 4 - Forging attestation to power of attorney for transfer of stock etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 5 - Making false entries in the books of the public funds
This section was repealed by the Forgery and Counterfeiting Act 1981
.
Section 6 - Clerks of the Bank making out false dividend warrants
This section was repealed by the Forgery and Counterfeiting Act 1981
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 9 - Making plates etc in imitation of those used for exchequer bills etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 10 - Making paper in imitation of that used for exchequer bills
etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 11 - Having in possession paper, plates or dies to be used for exchequer bills
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 13 - Purchasing or receiving or having forged bank notes
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 15 - Proviso as to paper used for bills of exchange etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 16 - Engraving or having any plate etc for making notes of Bank of England or Ireland or other banks, or having such plate etc, or uttering or having paper upon which a blank bank note etc shall be printed
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 17 - Engraving on a plate etc any word, number or device resembling part of a bank note or bill, or having any such plate etc, or uttering or having any paper on which any such word etc is impressed
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 18 - Making or having mould for making paper with the name of any banker or making or having such paper
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 19 - 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
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 21 - Forging wills
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 22 - Forging bills of exchange or promissory notes
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 23 - Forging orders, receipts etc for money, goods etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 24 - Any person making or accepting any bill, note, etc by procuration, without lawful authority, or uttering any such bill, note, etc so made or accepted, with intent to defraud, to be guilty of felony
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 25 - Obliterating crossings on cheques
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 26 - Forging debentures
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 28 - Forging copies or certificates of records, process of courts not of record, and using forged process
The words from "other than such clerk" to "knowing the same to be forged or" in the last place they occurred, were repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act
1913.
This section was repealed by the Forgery and Counterfeiting Act 1981
.
Section 29 - Forging instruments made evidence by any Act of Parliament
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
In England and Wales
, this section now reads:
The words omitted in the first place were repealed by the Statute Law Revision (No 2) Act 1893.
The words omitted at the end were repealed by the Statute Law Revision Act 1892 and the Statute Law Revision (No 2) Act 1893.
This section was repealed in part for Northern Ireland
by the Judgements (Enforcement) Act (Northern Ireland) 1969.
Other person lawfully authorised
See section 1(2) of the Commissioners for Oaths Act 1889.
Felony
See the Criminal Law Act 1967
and the Criminal Law Act (Northern Ireland) 1967.
Penal servitude
See section 1(1) of the Criminal Justice Act 1948
and the Criminal Justice Act (Northern Ireland) 1953.
Relevant case
R v Mackenzie [1971] 1 All ER 729, 55 Cr App R 294, Assizes
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
The words from "or shall forge" to "or of any part thereof", the words "or shall forge or counterfeit the seal of or belonging to any register office or burial board", the words "or seal", and the words "forged or altered" in both places
where they occurred were repealed by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
The other words omitted were repealed by the Statute Law Revision Act 1892 and the Statute Law Revision (No 2) Act 1893.
The following cases are relevant:
"Destroy, deface or injure"
See R v Bowen (1844) 1 Den 22, (1844) 169 ER 134 (1844) 1 C & K 501, (1844) 174 ER 911
"Ireland"
The reference to Ireland must now be construed as a reference to Northern Ireland
.
"Utter"
See R v Heywood (1847) 2 C & K 352, (1847) 175 ER 146
"Felony"
See the Criminal Law Act 1967
and the Criminal Law Act (Northern Ireland) 1967.
"Penal servitude"
See section 1(1) of the Criminal Justice Act 1948
and the Criminal Justice Act (Northern Ireland) 1953.
The words from "or shall forge" to "as aforesaid," in the first place where they occurred, were repealed by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
The words omitted in the penultimate place and at the end were repealed by Statute Law Revision Act 1892 and the Statute Law Revision (No 2) Act 1893.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 40 - Forging, etc, in England or Ireland documents purporting to be made, or actually made, out of England and Ireland; forging, etc, in England or Ireland bills of exchange etc purporting to be payable out of England or Ireland
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 41 - Forgers etc may be tried in the county where they are apprehended or are in custody
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 42 - Description of instrument in indictments for forgery
This section was repealed for England and Wales by section 9(1) of, and the Second Schedule to, the Indictments Act 1915
.
Section 43 - Description of instrument in indictments for engraving etc
This section was repealed for England and Wales by section 9(1) of, and the Second Schedule to, the Indictments Act 1915
.
Section 44 - Intent to defraud particular persons need not be alleged or proved
This section was repealed for England and Wales, down to the words "any particular person; and", by section 9(1) of, and the Second Schedule to, the Indictments Act 1915
.
This section was repealed by the Forgery and Counterfeiting Act 1981
.
Section 45 - Interpretation as to criminal possession
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 46 - Search for paper or implements employed in any forgery and for forged instruments
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
.
Section 47 - Other punishments substituted for those of the 5 Eliz 1 c 14, which have been adopted in other Acts
This section was repealed by section 10(2) of, and Part I of Schedule 3 to, the Criminal Law Act 1967
.
Section 48 - All forgeries which were capital before the 1 Will 4 c 66, and are not otherwise punishable under this Act, shall be punished with penal servitude for life etc
This section was repealed by section 10(2) of, and Part I of Schedule 3 to, the Criminal Law Act 1967
.
Section 49 - Principals in the second degree and accessories. Abettors in Misdemenours.'
This section was repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
.
Section 50 - Offences committed within the jurisdiction of the Admiralty
The words "deemed to be offences of the same nature, and" and the words from "and may be dealt with" onwards were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
.
This section was repealed by the Forgery and Counterfeiting Act 1981
.
Section 51 - Fine and sureties for keeping the peace; in what cases
The words "fine the offender, and to", and the words from "and in all cases of felonies" to "authorized" in the next place it occurred, were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
.
This section was repealed by section 8(2) of, and Part II of Schedule 5 to, the Justices of the Peace Act 1968.
Section 52 - Hard labour
This section was repealed by the Statute Law Revision (No 2) Act 1893.
Section 53 - Solitary confinement
This section was repealed by the Statute Law Revision Act 1892.
Section 54 - The costs of the prosecution of misdemeanour against this Act may be allowed
This section was repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908.
Section 55 - Act not to extend to Scotland
Section 56 - Commencement of the Act
This section was repealed by the Statute Law Revision Act 1892.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
of the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
(as it then was). It consolidated provisions related to forgery
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the criminal law consolidation Acts 1861
Criminal law consolidation Acts 1861
The criminal law consolidation Acts 1861 were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify the criminal law...
. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Forgery Act 1830
Forgery Act 1830
The Forgery Act 1830 was an Act of the Parliament of the United Kingdom. It consolidated into one Act all legislation imposing the death penalty for forgery.-Repeal:...
(11 Geo.4 & 1 Will.4 c.66) (and the equivalent Irish Act), incorporating subsequent statutes.
Most of it was repealed by the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
, and today forgery is mostly covered by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
and the Identity Documents Act 2010. However three offences under the 1861 Act remain in force today (in sections 34, 36 and 37). These deal with forgery of registers of births, marriages and deaths, and with impersonation of a surety
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...
.
This Act was repealed for England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
, s.30 & Sch., Pt.I, so far as unrepealed, except ss. 34, 36, 37 & 55.
It was repealed for the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
by section 3(1) of, and Schedule 1 to, the Criminal Justice (Theft and Fraud Offences) Act, 2001
Criminal Justice (Theft and Fraud Offences) Act, 2001
The Criminal Justice Act, 2001 updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland.The main sections of the statute include:*Theft and Related Offences...
.
Certain kinds of forgery used to be high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
until this Act downgraded them to felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
.
The Act does not apply to Scotland.
As to forging Her Majesty's Seals
Section 1 - Forging the Great Seal, Privy Seal, etcThis section made it a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
to forge the great seal, privy seal, the Royal sign manual etc.. This had previously been high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
under the Forgery Act 1830
Forgery Act 1830
The Forgery Act 1830 was an Act of the Parliament of the United Kingdom. It consolidated into one Act all legislation imposing the death penalty for forgery.-Repeal:...
. The 1861 Act reduced the penalty from death to penal servitude for life.
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging transfers of stock etc
Section 2 - Forging transfer of certain stock, and power of attorney relating theretoThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 3 - Personating the owner of certain stock, and transferring or receiving or endeavouring to transfer or receive the dividends
This section was repealed by section 33(3) of, and Part I of the Schedule 3 to, the Theft Act 1968
Theft Act 1968
The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales.On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.-History:...
.
Section 4 - Forging attestation to power of attorney for transfer of stock etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 5 - Making false entries in the books of the public funds
This section was repealed by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
.
Section 6 - Clerks of the Bank making out false dividend warrants
This section was repealed by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
.
As to forging India bonds
Section 7 - Forging an East India BondThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging exchequer bills etc
Section 8 - Forging exchequer bills, bonds and debentures etcThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 9 - Making plates etc in imitation of those used for exchequer bills etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 10 - Making paper in imitation of that used for exchequer bills
etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 11 - Having in possession paper, plates or dies to be used for exchequer bills
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging bank notes
Section 12 - Forging a bank note etcThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 13 - Purchasing or receiving or having forged bank notes
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to making and engraving plates etc for bank notes etc
Section 14 - Making or having mould for making paper with the words "Bank of England" or "Bank of Ireland" or with curved bar lines etc, or selling such paperThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 15 - Proviso as to paper used for bills of exchange etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 16 - Engraving or having any plate etc for making notes of Bank of England or Ireland or other banks, or having such plate etc, or uttering or having paper upon which a blank bank note etc shall be printed
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 17 - Engraving on a plate etc any word, number or device resembling part of a bank note or bill, or having any such plate etc, or uttering or having any paper on which any such word etc is impressed
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 18 - Making or having mould for making paper with the name of any banker or making or having such paper
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 19 - 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
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging deeds, wills, bills of exchange, etc
Section 20 - Forging deeds, bonds, etcThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 21 - Forging wills
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 22 - Forging bills of exchange or promissory notes
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 23 - Forging orders, receipts etc for money, goods etc
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 24 - Any person making or accepting any bill, note, etc by procuration, without lawful authority, or uttering any such bill, note, etc so made or accepted, with intent to defraud, to be guilty of felony
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 25 - Obliterating crossings on cheques
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 26 - Forging debentures
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging records, process, instruments of evidence etc
Section 27 - Forging proceedings of courts of record or courts of equityThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 28 - Forging copies or certificates of records, process of courts not of record, and using forged process
The words from "other than such clerk" to "knowing the same to be forged or" in the last place they occurred, were repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act
1913.
This section was repealed by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
.
Section 29 - Forging instruments made evidence by any Act of Parliament
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging court rolls
Section 30 - Forging court rollsThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging registers of deeds
Section 31 - Forgery as to the registry of deedsThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging orders etc of justices of the peace
Section 32 - Forging orders of justices, recognizances, affidavits etcThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to forging the name of the Accoutant General etc
Section 33 - Forging name of Accountant General etc of Court of Chancery in England or Ireland, or of any judge of the Landed Estates Court in IrelandThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to falsely acknowledging recognizances etc
Section 34 - Acknowledging recognizance, bail, cognovit, etc, in the name of anotherIn England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, this section now reads:
The words omitted in the first place were repealed by the Statute Law Revision (No 2) Act 1893.
The words omitted at the end were repealed by the Statute Law Revision Act 1892 and the Statute Law Revision (No 2) Act 1893.
This section was repealed in part for Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
by the Judgements (Enforcement) Act (Northern Ireland) 1969.
Other person lawfully authorised
See section 1(2) of the Commissioners for Oaths Act 1889.
Felony
See the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
and the Criminal Law Act (Northern Ireland) 1967.
Penal servitude
See section 1(1) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...
and the Criminal Justice Act (Northern Ireland) 1953.
Relevant case
R v Mackenzie [1971] 1 All ER 729, 55 Cr App R 294, Assizes
As to forging marriage licences
Section 35 - Forging or uttering marriage licence or certificateThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 36 - Destroying, injuring, forging or falsifying registers of births, baptisms, marriages, deaths or burials, or certified copies
This section now provides:The words from "or shall forge" to "or of any part thereof", the words "or shall forge or counterfeit the seal of or belonging to any register office or burial board", the words "or seal", and the words "forged or altered" in both places
where they occurred were repealed by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
The other words omitted were repealed by the Statute Law Revision Act 1892 and the Statute Law Revision (No 2) Act 1893.
The following cases are relevant:
- R v Mason (1848) 2 C & K 622, (1848) 175 ER 261
- R v Dewitt (1848) 2 C & K 905, (1848) 175 ER 380 (1848) 4 Cox 49, (1848) 14 JP 57
- R v Asplin (1873) 12 Cox 391
"Destroy, deface or injure"
See R v Bowen (1844) 1 Den 22, (1844) 169 ER 134 (1844) 1 C & K 501, (1844) 174 ER 911
"Ireland"
The reference to Ireland must now be construed as a reference to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
"Utter"
See R v Heywood (1847) 2 C & K 352, (1847) 175 ER 146
"Felony"
See the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
and the Criminal Law Act (Northern Ireland) 1967.
"Penal servitude"
See section 1(1) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...
and the Criminal Justice Act (Northern Ireland) 1953.
Section 37 - Making false entries in registers of baptisms, marriages or burials, directed to be sent to any registrar, or destroying or concealing copies of registers
This section now provides:The words from "or shall forge" to "as aforesaid," in the first place where they occurred, were repealed by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
The words omitted in the penultimate place and at the end were repealed by Statute Law Revision Act 1892 and the Statute Law Revision (No 2) Act 1893.
As to demanding property upon forged instruments
Section 38 - Demanding property upon forged instrumentsThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
As to other matters
Section 39 - Forging any instrument, however designated, which is in law a will, bill of exchange, etcThis section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 40 - Forging, etc, in England or Ireland documents purporting to be made, or actually made, out of England and Ireland; forging, etc, in England or Ireland bills of exchange etc purporting to be payable out of England or Ireland
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 41 - Forgers etc may be tried in the county where they are apprehended or are in custody
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 42 - Description of instrument in indictments for forgery
This section was repealed for England and Wales by section 9(1) of, and the Second Schedule to, the Indictments Act 1915
Indictments Act 1915
The Indictments Act 1915 was an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point...
.
Section 43 - Description of instrument in indictments for engraving etc
This section was repealed for England and Wales by section 9(1) of, and the Second Schedule to, the Indictments Act 1915
Indictments Act 1915
The Indictments Act 1915 was an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point...
.
Section 44 - Intent to defraud particular persons need not be alleged or proved
This section was repealed for England and Wales, down to the words "any particular person; and", by section 9(1) of, and the Second Schedule to, the Indictments Act 1915
Indictments Act 1915
The Indictments Act 1915 was an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point...
.
This section was repealed by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
.
Section 45 - Interpretation as to criminal possession
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 46 - Search for paper or implements employed in any forgery and for forged instruments
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 47 - Other punishments substituted for those of the 5 Eliz 1 c 14, which have been adopted in other Acts
This section was repealed by section 10(2) of, and Part I of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
Section 48 - All forgeries which were capital before the 1 Will 4 c 66, and are not otherwise punishable under this Act, shall be punished with penal servitude for life etc
This section was repealed by section 10(2) of, and Part I of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
Section 49 - Principals in the second degree and accessories. Abettors in Misdemenours.'
This section was repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
Section 50 - Offences committed within the jurisdiction of the Admiralty
The words "deemed to be offences of the same nature, and" and the words from "and may be dealt with" onwards were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
This section was repealed by the Forgery and Counterfeiting Act 1981
Forgery and Counterfeiting Act 1981
The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861...
.
Section 51 - Fine and sureties for keeping the peace; in what cases
The words "fine the offender, and to", and the words from "and in all cases of felonies" to "authorized" in the next place it occurred, were repealed by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967
Criminal Law Act 1967
The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...
.
This section was repealed by section 8(2) of, and Part II of Schedule 5 to, the Justices of the Peace Act 1968.
Section 52 - Hard labour
This section was repealed by the Statute Law Revision (No 2) Act 1893.
Section 53 - Solitary confinement
This section was repealed by the Statute Law Revision Act 1892.
Section 54 - The costs of the prosecution of misdemeanour against this Act may be allowed
This section was repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908.
Section 55 - Act not to extend to Scotland
Section 56 - Commencement of the Act
This section was repealed by the Statute Law Revision Act 1892.
External links
- The Forgery Act 1861, as amended from the National Archives.
- The Forgery Act 1861, as originally enacted from the National Archives.
- List of repeals and amendments in the Republic of Ireland from the Irish Statute Book