The Forgery Act 1861 (24 & 25 Vict. c. 98) 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,[3] 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.[4]
Most of it was repealed by the Forgery Act 1913, and today forgery is mostly covered by the Forgery and Counterfeiting Act 1981 and the Identity Documents Act 2010.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.
Section 1 – Forging the Great Seal, Privy Seal, etc.
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This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913. It was however replaced with section 5 of that Act, which made similar provision.
As to forging transfers of stock etc
Section 2 – Forging transfer of certain stock, and power of attorney relating thereto
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.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This section was repealed by section 33(3) of, and Part I of the Schedule 3 to, the Theft Act 1968.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This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.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This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
As to forging exchequer bills etc
Section 8 – Forging exchequer bills, bonds and debentures 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 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.
As to forging bank notes
Section 12 – Forging a bank note 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 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.
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 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 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.
As to forging deeds, wills, bills of exchange, etc
Section 20 – Forging deeds, bonds, 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 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.
As to forging records, process, instruments of evidence etc
Section 27 – Forging proceedings of courts of record or courts of equity
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.
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.
As to forging court rolls
Section 30 – Forging court rolls
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
As to forging registers of deeds
Section 31 – Forgery as to the registry of deeds
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
As to forging orders etc of justices of the peace
Section 32 – Forging orders of justices, recognizances, affidavits 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.
As to forging the name of the Accountant 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 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.
As to falsely acknowledging recognizances etc
Section 34 – Acknowledging recognizance, bail, cognovit, etc., in the name of another
Whosoever, without lawful authority or excuse (the proof whereof shall lie on the party accused), shall in the name of any other person acknowledge any recognizance or bail, or any cognovit actionem, or judgment, or any deed or other instrument, before any court, judge, or other person lawfully authorized in that behalf, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for any term not exceeding seven years . . .
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 certificate
This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
As to forging registers of births, marriages and deaths
Section 36 – Destroying, injuring, forging or falsifying registers of births, baptisms, marriages, deaths or burials, or certified copies
This section now provides:
Whosoever shall unlawfully, destroy, deface, or injure, or cause or permit to be destroyed, defaced, or injured, any register of births, baptisms, marriages, deaths, or burials which now is or hereafter shall be by law authorized or required to be kept in England or Ireland, or any part of any such register, or any certified copy of any such register, or any part thereof, . . . or shall knowingly and unlawfully insert or cause or permit to be inserted in any such register, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death, or burial, or shall knowingly and unlawfully give any false certificate relating to any birth, baptism, marriage, death, or burial or shall certify any writing to be a copy or extract from any such register, knowing such writing, or the part of such register whereof such copy or extract shall be so given, to be false in any material particular, . . . or shall offer, utter, dispose of, or put off any such register, entry, certified copy, certificate, . . . knowing the same to be false, . . . or shall offer, utter, dispose of, or put off any copy of any entry in any such register, knowing such entry to be false, . . . shall be guilty of felony, and being convicted thereof, shall be liable . . . to be kept in penal servitude for life . . .
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.
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:
Whosoever shall knowingly and wilfully insert or cause or permit to be inserted in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage, or burial, ... or shall knowingly and wilfully sign or verify any copy of any register so directed or required to be transmitted as aforesaid, which copy shall be false in any part thereof, knowing the same to be false, or shall unlawfully destroy, deface, or injure, or shall for any fraudulent purpose take from its place of deposit, or conceal, any such copy of any register, shall be guilty of felony, and being convicted thereof shall be liable ... to be kept in penal servitude for life ...
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.
Section 38 – Demanding property upon 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.
As to other matters
Section 39 – Forging any instrument, however designated, which is in law a will, bill 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 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.
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.
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.
Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.
Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physical, it is often called desecration. In a more general sense, any transgression against what is seen as the virtue of religion would be a sacrilege, and so is coming near a sacred site without permission.
The Treason Act 1351 is an Act of the Parliament of England wherethrough, according to William Blackstone, common law treason offences were enumerated and no new offences were, by statute, created. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person 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 Offences Against the Person Act 1828, incorporating subsequent statutes.
The Treason Felony Act 1848 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. Parts of the Act are still in force. It is a law which protects the King and the Crown.
The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to malicious damage 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 Malicious Injuries to Property Act 1827, incorporating subsequent statutes.
The Treason Act 1553 was an Act of the Parliament of England.
The Indictments Act 1915 is 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 where some barristers specialised entirely in drawing up indictments. During the nineteenth century several Acts were passed by Parliament to correct this problem, but none were entirely successful. In 1913 Lord Haldane created a committee to draw up a draft bill reforming the law of indictments, which became the Indictments Act 1915.
The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.
The Punishment of Offences Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the death penalty for a number of statutory offences and replaced it with transportation for life.
The Unlawful Drilling Act 1819, also known as the Training Prevention Act is an Act of the Parliament of the United Kingdom. It was one of the Six Acts passed after the Peterloo massacre.
The Larceny Act 1861 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to larceny and similar offences 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 Larceny Act 1827 (7 & 8 Geo. 4. c. 29), incorporating subsequent statutes.
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom. It provided a definition of forgery and created several offences of forgery and uttering, while repealing numerous other offences of forgery, thereby consolidating the law of forgery. It did not extend to Scotland.
The Coinage Offences Act 1936 was an Act of the Parliament of the United Kingdom which related to coinage offences. It was repealed by section 30 of, and Part II of the Schedule to, the Forgery and Counterfeiting Act 1981.
The Forgery Act 1837 was an Act of the Parliament of the United Kingdom. It was one of the Acts for the Mitigation of the Criminal Law passed during the session 7 Will. 4 & 1 Vict.
The Forgery Act 1870 is an act of the Parliament of the United Kingdom. The whole act, so far as unrepealed, was repealed by section 33(3) of, and part I of schedule 3 to, the Theft Act 1968. This act was repealed for the Republic of Ireland by sections 1 and 2 of, and Part 4 of the schedule to, the Statute Law Revision (Pre-1922) Act 2005.
The Forgery of Foreign Bills Act 1803 was an Act of the Parliament of the United Kingdom. Prior to its repeal in 2013, it created offences of forgery of foreign instruments in Scotland.
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. Two years later the death penalty was abolished for most of these offences, and for the remaining offences in 1837.
The Bank of England Act 1696 was an Act of the Parliament of England. It was one of the Bank of England Acts 1694 to 1892.
References
↑ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
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