Forgery Act 1845 (SA)

21'

AN ORDINANCE ,for adopthg nlcertain Act o f Parliament, in-

tituled An Act to abolish the ~$n i shwte t~ t qf ~ e a t h in cases of

Forgery," in the ~dministratiot& of Justice i South Australia,

in like mmrer as other Laws are applied therein.

HEREAS a certain Act of was passed in the first ~ h ~ b l. .

IT. And

W p r of IIcr ~rewnt 31ajesty's wir n, intitt11ed~~A.n Act to abolkh 1 vic,t-. G r

" the Punidhmmt of Death in caacf of Porgefy ;" and whereos it is enpedicnt to ndopt and npply t h said remted Act of Parlia-

ment in tlre al~ninistration of Justice 1 South Australia :

i' f:

RE IT THEREFORE ENACTED B Y HI& EXCELLENCY TIIE GOVERNOR

of South Australia, by and with thk advice and consent of the

Legislative Council thereof: That the said recited Act of Par- . * d o p ~ ud applied

liament shall be, and the same is liereby adopted, and directed	butb Au-0.
to be applied in the administration of Uustice in the &id Province and ita Dependenciee, in like mm& ns other' laws of England

are therein applied. $' 6 t

Conamencement of

Ordiianca 11. Ahd be it enacted hat this Ordinance shall commence and

take effect from and aftex	he passing hereof, except as to offences
and other mattere heretofc	committed ox done.

G. GREY,

Governor and Commander-in-chief.

Passed the Legislative Cou il tl~is ninth

day of July, One li	@and Eight
Hundred and Forr?,	211.

W. L. O'HALLORAN, ,

Clerk of. Council.

1 AN ACT to abolish the Punislcment of p a t h in cases of Forgery. ~

I	g
% [17th July, 1837.1
'a

WHEREAS by an Act passed in the figt year of his late Majesty's

reign, intituled " An Act for reducing isto one Act all such Forge- W. 41 66-

t b lies as shall henceforth be punished w$h death, and for otherwise

G amending the Laws relative to Forgery,'$@ \ a s amongst other things

enacted, that if any person should forge or alter, or should offer, utter, dispose of, or put off, knowing ithe same to be forged or altered, any will, tcstmcnt, codicil, or$estamentniy writing, with intent in any of the cases aforesaid to qkfraud any person whatso- ever, every such offender should be gailtj! of felony; and being con- victed thereof, sli,dl suffer death as a felon; and it was by the said Act further enacted, that if any. yersolj sliould forgc or alter, or fihould utter, knowing the same to be f h e d or altered, any power of attorney or other authority to transfer kiiy share or interest of or in any stock, annuity, or other public fu$i which then was or there- after might be transferable at the Bank @ England, or at the South Sea House, or of or in the capital s t ~ b k of any body corporate, company, or society which then was o$ thereafter might be esta- blished by Charter or Act of ~asliament,$*r to receive any dividend paydde in respect of any such share or interest, with intent, in any of the several cases aforesaid, to defraud any person whatsoever,

every such offender should bc gailty of &ony, and being convicted	-
tl-~creof, should suffer death as a felon; 'yxl it was by the said Act further enacted, that in the case of every fdonv punisliable under that
Act, every principal in t l ~ e second degree, $ncf cvery accessary before	the fact should be punidmble yith deatht; or otherwise in the same

manner as the principal in the first dcgru& was by tlmt Act punish- . *

able: Aid wlrcrcns by an Act pnsscd 111 &c second and third pm .

of IIis latcMajesty's rcign, intitulcd " An 4c t to tmisfer the mixnap I	A 3 w 4, . 5%
" ment of certain annuities on lives from the receipt of His
" IIajesty's Exchequer to tlic management of the Commissiorrers fbr
" the reduction of the National Debt, <&cl to amend an Act for ''cnJling the said Commissioners to g$nt life annuities, and an- L 4 nuities for terms of yews," it was nmofigst other things enacted,
that if any person should forgc, counterfeif or alter, or should cause or procure to be forged, counterfeited, orkzltered, or should know- ill& or wilfully act or assist in the fdiging, counterfeiting, or S:

.. altering

P

,$

altering any declaration, marrdht, order, or other instrument, or any affidavit or affirmation, requged to be made by that Act, or by the Commissioners for the reductibn of the National Debt under any of the provisions of that Act, or h d e r any authority given to them for that purpose; or should forg& counterfeit, or alter, or should cause or procure to be forged, coubterfeited, or altered, or should know- ingly or ~vilfully act or assist in the forging, counterfeiting, or altering any certificate or of any officer of the Commissioners for the reduction of the National Debt, or the name or names of any

person or persons in or to an. transfer of any annuity, or in or to

any certificate, order, warrant;pr other instrument for the payment f

of money for the purchase ofjmy annuity under the provisions of that Act, or in or to any trayster or acceptance of any such annuity in the books of the Commissioners for the reduction of the Kational Debt, or in or to any receipt9;r discharge for any such annuity, or in or to any receipt or discharge for any payment or payments due or to become due thereon, or i@ or to any letter of attorney or other authority or instrument to authorize or purporting to authorize the transfer or acceptance of anyknnuity, or any life annuity of what- soevcr kind, or authorizing o$purporting to authorise the receipt of any lifc annuity of wl&soevnr kind, granted under any of the Acts therein recited, or that Act, or any payment or payments due or to become due thereon; or if atiy person should ivilfully, falsely, and deceitfully personate any true and seal nominee or nominees, or should wilfully utter, or delivq or produce to any person or persons acting under the authority of$ that Act, any forged register or copy of register of any birth, bapti$m, or marriage, or any forged decla- ration, affidavit or affiimation,;knowing the same to be fol-gcd, coun- terfeited, or altered, with h&nt to defraud His Majesty, his heirs and successors, or with intedt to defraud any person or persons whomsoewr; then and in e l ;~q such case, all and eveiy person or persons so offending, and beillg lawfully conrictcd thereof, should

,

be odjuged guilty of felony, &nil suffer death: And nlrtwas by

another Act passed in the lit-mentioned y m s of His late BIa-

jesty's reign, intituled "An a c t for abolishing the punish~nmlt of

r & s W.	4, c. ins.	'' death in certain cases of foigery," it was n!nongst othcr things
enacted, that notwvithstai~ding bnytlling thereirhdore contnilml, that Act should not be consti.ued%o affect or alter the said recited Act of the first year of His late h1njesty, or any other act or law then in force, so far as the same mikht authorize the punishment of dcnth to be infiicted upon any perqon convicted either in England, Scot- land, or Ireland, of f o r g i n g r altering, or of offering, uttering, or disposing of, knowing the sa e to be forged or altered, any will, testament, codicil, or testamehtary writing, with intent to defraud
any body corporate or person hvhatsoever, or of forging or dtering,
or of uttering knowing the sake to be forged or altered, any pcnver of attorney or other authority $0 transfer any share or interest of or

.	F	s	in
[.	i	.

3 2 b

in any stock, annuity, or other public fun$which then was or there- &er might be transferable at the Bank$f England or South Sea IJouse, or at the Bank of Ireland, or to likceive any dividend pay- &le in ~ s p e c t of any such share or inter&, with intent to defraud

any body corporate or person whatsoeve$, or of procuring, aiding,

or assisting in the commission of any of the said offences; but that t]le for each and every of the $aid offences, and for the pocuring, aiding, or assisting in the coipmission thereof, should

to be the same as if the Act nd?v in recital had not been And whercns by another Act hassed in the said second

and third years of His late Majesty's rcikn, intituled " An Act for; s a W, 4, ins.

cnnbling His Majesty to direct thc issnf: of Exchequer Bills to a

4b limited an~ount., tbr fhc purposes and i$ the mailner therein men- .

tioimd, a id fur ghing relief to 'Qiilidnd,&ritisl Guimn, and Saint " I,ucie," it was nmongst otlicr things eunutcd, that if any person or persons should forgc, countcrfcit, or nlter,'or cause' or procuw to be forged, counterfeited, or altered, or kno~.r~ng1y or .rvilf~illy act or as- sist in the forging, counterfeiting, or d t d h g any certificate or cer- tificates of the Con~missioiiers by the said Act now in recital a p pointed as therein mentioned, or any of them, or any receipt or rcceip+,s to be given by the Cashier or Ca~biers of the Governor an3 Collipany of the Bank of Xngland in pxliwxince of that Act, or should wilfully deliver to the Auditor 6f the receipt of His Ma- jcsty7s Xxchequcr for the time being, or (6 any officer appointed by him, or to the said Commissioners by thaC.Act appointed, or any of

them, or to any officer or officers appointed by them or any of them,

.

.

in the execution of the powers of that Act(; or sho$d utter any such

forged, countcrfcitcd, or altcrcd certificate. or certificates, receipt or

rccciyts, knowing the same to be forged; counterfeited or altered, with intent to defiaud IIis Majesty, hls hkirs or successors, or any

body or bodies politic or corporate, or any person whomsoerer, then	nlld in every such cnsc! all and cvcry pcrsd,p or persons so offending,	and bcing t1tcrcof lnwfidly convict cvl, shotdd bc? nc1,judgrd guilty of
f h 1 y, and sliould uni6.r tlcnth ng in cnscs qf felony: Ancl ml~crci~s
by 311 Act passctl ill the fifth m(l sixth yram of the reign of liis
late Majesty, intituled An Act to carry &to further execution the S a 6 W. 4, G 4s.
" provisions of an Act passed in the third::and fourth years of His
" present I\hjesty, for compensating owners of Sln~cs upon the abo-
" lition of Slavery," it was anlongst other things enacted, that if any
1'Prsoll or pcrsons should forge or comnterfdt, or cause or procure to
be forged or counterfeited, or should willingly act or assist in the

+

forging or counterfeiting, any reccipt or rrjeipts for the whole of or W part or parts of the contributions to~nrds the sum of fifteen nlillions, in the said Act now in mcital ihentioned to be part of a mn of twenty milliona authorized to be kised by the said Act of

the third and fourth yews of I-Iia late Majesty'~ reign, either with or

I;,	without
I.(

without the name or names ~f any person or persons being inserted therein as the contributor o$contributors thereto, payer or payers thereof, or of any part or pyts thereof, or any certificate or other instrument to bc issued'by $he Commissioners for the reductimi of the National Debt, or shoutd alter any number, figure, or word

feited, or altered receipt or rq~eipts, certificate or certificates, instru-	therein, or utter or publish (la true, any such false, forged, counter-
ment or instruments, with in&mt to defi-aud the Governor and Corn-
pany of the Bank of Rnglan4 or the Commissioners for the reduc-
tion of the National Debt, ok any body politic or corporate, or any person or persons whatsoever, &very such person or persons so forging or counterfeiting, or causing :or procuring to be forged or counter- feited, or willingly acting or esisting in the forging or counteileit- ing, or altering, uttering, orqmblishing as aforesaid, being thereof coiwicted in due form of l&, should be adjudged uilty of felony, and should suffer death as a ft10n, without benefit of6 clergy: And xvliereas by another Act possa in the said fifth and sixth years of His late &1ajesty7s reign, int&ded, " An Act for granting relief to

the Island of Dominica, n#cl to amend an Act of the sccond and

" third years of His present kllajesty, for enabling His BIajesty to

' L direct the issue of Excheqker Bills to a limited amount, for the

purposes therein mentioned{' it ~vas amongst other things enacted

that all and every the several plauses, 'po~~~ers, pro~isions, enactments, penalties, and wstric tions i11 khe said hereinbefore recited and lastly hereinbefore mentioned Act i ~ f the second ancl third years of His

late Majesty could he made applicable,

and were not vari~d by the sn Act now in recital, should be taken

to extend to that Act, ancl to thing to be done in pursuance

of that Act, and as if all powers, provisions, and ennct-

ments were therein applicable to the snicl Islniid of Dominica, and to the loa$s and grants to be made in pursuance of the said Act now in recit4, and to every matter and thing to be done in pursuance of that Act:: And whereas the said lastly lrerein-

before mentioned Act of th$ second and third years of His late	Rfajesty ((a0 far as thc snnw ib lwcinlwforc r w i t ~ d ) is applicable to
I I I H I in nowisr vwicvl ijp l l ~ i. anid lnsllr i w w i ~ l l w C w ~wi t rd Art:
A iul W I W I ~ ~ W i t is ( 8 3 \ )tvIitwt. i\u\t. W I K ~ o l ' ( l \ t b l l t ~ ~ ~ ~ ~ i ~ ~ l ~ t \ ~ i ~ r ~ ~ m t w t io~wd
off'enccs ,should Ilencoforth 1)cj p~tnit~hl)lc with rlrath: 1:c it tlwrcl- fore enacted by the Queen's $lost Excclleilt Nnjesty, by and with the advice and consent of tlib Lords Spiritual and Tcmpoml, and Commons, in this present Pndian~ent ~lssemblcd, and bj- the authority
of the same-That if any petson shall, after the coinmencement of

Persons convicted of

any of tlio offcncee	this Act, be convicted of my 6f the offences hereinbcforc mcntioned,
hercinbcfore mon-	such person shall not suffer d&h, or have sentence of dmth awarded
tinnod to bo h b l o to
'.be transportad.	against him or her for the sa4e, but sliall be liable, at the discretion
of the Court, to be transport@ beyond thc seas for life, - or for any

t tcrm

7	q	.
;t'

tern not less than seven years, or to be imkrisoned for any term not

exceeding four years, nor less than two yeass.

f

11. And whereas by the said recited @ct of the second and $, '$ :PkS, ;

third years of His late Majesty's reign, fo$. abolishing the punish- W. 4, SI, S. 37,

melit of death in certain cases of forge&, persons convicted of and 44, as a relates & 4 W. to 4, the c.

the forgeries and other offences connebted therewith therein punidment ofcsr-

respectively referred to are liable to be Fransported beyond the tain and offencee.repealed ruch offencer to ;

seas for life: And whereas by an Act passed in the third and be punirhed by tnnr- rtation for life ot

fourth years of the same reign, intituled @'An Act for the &fa- 7 or p m

b 6 nngement of the Custonis," it was amon@ other things enacted,

that if any person or persons should knowygly and v-ilfdly forge or counterfeit, or cause or procure to be forged or counteifeited, or bno~vii~gly and wvilfidly act or assist in f ~ $ ~ i n ~ or counterfeiting,

the name or handwriting of any ~ece ived~enera l of the Cus-

t o m, or of any Comptroller-General of tl$ Customs, or of any

~ C ~ S O O " acting for thcin respectively as rtfbresaid, to any draft,

inrtmment, or writing datsoever, for or ifi order to the rccei~ing

or obtaining any of the money in the hnjhils or custody of the

Goscrnor and Couqmiy of the Bank of $ngland, on account of

t11c Receiver-General of the Customs; or !!1101dd forge or coun-

trrfcit, or cause or procure to be forgcd or .$ouiiteifeiteitccl, or know

ingly and wilfully act or assist in the fol'$ing or counterfeiting,

iiI1y draft, instnuncnt, or writing in form of a draft made by such

.

Ileceiver-General or person as aforesaid, or dliould utter or publish

:my such, knowing the same to be forged'&- counterfeited, with

:l11 intention to defraud any person whomso&-er, every such person

or persons so offending, being thxeof lnwfidly convicted, should

h and was and were themby declared and &cljudged to be guilty

of felony, and shoulcl be transported beyodd the seas for life:

.\lid whereas by an Act passcd in the fouitli year of the same lcigii, intitnlcd '' Ail Act to r ~ p ~ i ~ l SO l n u ~ h of two Acts of the " srwnth and ciglrth ycus and ninth year'fof King Gcorge the

" I?nsrtll, as inflicts thr punislumcnt of drat)) upon persons break-

" hg, cnteriiig, and stcding in n drvclling-llbose; also for giring

" powrr to the Jltdgcs to add to tlic punis1iit'~cut of tmnspc~~tntion

" for life in certain cascs of l?o!bgcry, a1111 iij: certain other cases,"

w m s puirislmble by trrtnsportatlon for life uilder the said recited

of the second and third years of His l& Majesty's reign, for

:d)oli&i.ng the punishment of death in cerfbin cases of forgery,

ilrc liable, previously to their bciiig transporbd, in case the Court &*fim whom such persons s l d l be convicted $1dl think fit, to be illll~lisoned, with or without hard labor, in the common gaol or Ilwx of correction, or to be confined in the <peniteiitiary, for m y l

m n not exceeding four yeam, nor less t ~ d ! one year: And

'' ll('ms it is expedicl~t to repeal the said tlirbe las t,ly hereinbefore

a

in part recited Acts, so fjr as relates to the punishment of persons

liable to be transported q r life, in order that a more di,scretionary ,

-

punishment may be sub'tituted for the same: Be it therefore

recited Acts as relates t the punishment of perscns convicted of enacted, that so much 04 the said three lastly hereinbefore in part

second and third years o$- the said Act of the third and fourth offences for which they P *are liable, under the said Act of the

years respectively of Hisllate Majesty's reign, to be transported

for life, shall, from and &er the commenecmcnt of this Act be,

and the same is hereby epealed; and that from and after the L

passing of this Act, ever), person convicted of any of such offences f

shall be .liable, at the ili~csetion of the Court, to be transported	,
beyond the seas for the term of the natural life of such person, or	,

for any term not less thax$seven years, or to be imprisoned for any

term not exceeding four yyrs, nor less than two years.

t

Persons conricted of 111. And be it enacted, Fhat when any person s h d be convicted

a	otiencea puniah~ble	of any offence punishablqunder this Act, for which imprisoliment
may be kept to hard	inay be awarded, it shall {be lawful for the Court to sentence the
lnbor and to solitay
confinement,	offender to be imprison6d, with or without hard labor, in the common gaol or house 04 roncction, and also to direct that the offender shall be kept in\solitaly confinement for any portion or portions of such imprisonfi~cnt, not exceeding one month at any one time, and not exccc ng threc months in any one year, as to
the Court in its discretion "t S all seem meet.

F,

Not to affect powem

of 5 & 6 W. 4, c. 38; IV. And be it further Enacted, that nothing in this Act con- tained shall be consti.ued [to extend to the alteration or repeal of any of the powers, provisipns, or regulations contained in an Act

G, *, c,

' made and passcd in the fifth and sixth years of the reign of His

late RIajdsty King Williah the Fourth, intituled An Act for

effecting greater unifori$ity of practice in the govennnent of the several prisons in X$q$nnd and Wales, and for appointing

bt Inspectors of Prisons in &reat Britain," or in an Act made mid

passed in the Fourth yen$ of His late Majesty King Gcorgc the

Fourth, intituled 1\11 Act fnr consoliciating and nmcnd~ng thr LRW

cc relating to the building! rrpairing, and regulating of certain

Gaols and Houses of Corr ction in England mid Wdes."

f l

Commencement of V. And be it further em .ted, that this Act s h d commence and d

Act. ,

take effect on the fir&	of October, one thousand eight bun-
dred and thix ty-seven. '