Forgery Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

V I C T O R 1 2 3 R E G I N E.

A. D. 1859.

No. 7.

An Art for consolidatinq the Statute L ~ M ill ,force in South Australia

relding to Iadictab k Ofences by Forgery.

[Assented - to, I st September, 1859.3

R E h S it is expedient to consolidate the Statute Law in

Offenccs by Forgery-Be it therefore Enacted by the Goveinor-in- force in the Province of Sonth Australia, rclating to Indictable Chief of the Province of South Australia, with the advice and con- sent of the Lcgis1atit.e Council and House of Assembly of the said Province in this present Parliament asscrnbkd, as fbllows:

W""

As to forging private securities:

1. Whosoever shall forge or alter, or shall offer, utter, dispose of, ~ ~ f ~ ~ ~ ~ ~ ; ~ ~

or put off, knowing the same to be forged or altered, any will, paper;uradeed,bon& or writidg obligatory;

testament, codicil, or testamentary writing, or any deed, bond, or or a bill of exchange,

wxiting obligatory; or any bill of exchange, or any promissory note promissov	warrant or order	note, or	for
for the payment of money, or any endorsement on or akgnrnent of

arecgipt for money

any bill of exchange or promissory note for the payment of money, or goods, or an order

or any acceptance of any bill of exchange, or any undertaking, war- for deayev of

rant, or order for the payment of money; or any acquittance or i0>$ c- 66p1. 37

receipt either for money or goods, or any accountable receipt either 9 tt 10 viot.,a 24,s. 1.

for money or goods, or for any note, bill, or other security, for pay- ment of money, or any warrant, order, or request for the delivery or transfer of goods, or for the delivery of any note, bill, or other security for payment of money, with intent, in any of the cases aforesaid, to

defraud, shall be g d t y of felony, and being convicted thereof shall

be liable, a t the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without

solitary confinemm t.

U 2. Where

mentihowe~erdesig-

nated, which is in law 2. Where by this or by any Act any person is made liablc to

a,wdl, bill of excbtmgu,	punishment for forging or altering, or for offering, uttering, tf isposing
&c.
1 'N. 4, C. 06, S. 4.	of, or putting off, knowing the same to be forged or altered, any in- strument or writing desienated in such Act bv arrv snecial name or V V II d L
description, and such instrument or writing, however designated, is in law a will, testament, codicil, or testamentary writing, or a bill uf exchange or a promissory note for the payment of money, or an endorsement on or assignment of a bill of exchange or promissory note for the payment of money, or an acceptance of a bill of exchange, or an undertaking, warrant, or order for the payment of money, within the true intent and meaning of this Act, in every such case the person forging or altering such instrumcnt or writing, or offering, uttering, disposing of, or putting off such instrument or writing, knowing the same to be forged or altered, may be indicted as an off'eilder against this Act, and punished accordingly.

As to forging transfers of stock, &C.:

Forging a transfer of

certain stock, and 3, Whosoever shall forge or alter, or shall utter, knowing the

power of attorney re-	same to be forged or altered, any transfer of any share or interest
lating they eto.
I W. 4, c. 66, 6.	of or in the capital stock of any body corporate, company, or

& 3 m. 4, c. 123.

1 T7ict, c. 84, ss. 1,

society which now is or hereafter may be established, or shall

2, 3.

forge or alter, or shall utter, knowing the same to be forged or altered, any power of attorney or other authority to transfer any slmre or interest of or in any such capital stock as is in this section before mentioned, or to rcccive m y divicIcnd pawble in respect of any such share or interest, or shall demand o; endeavor to have any such share or interest transferred, or to reeeive any dividend pa.yable in respect thereof, by virtue of any such forgcd or altered power of attorney or other authority, knowing the same to be forged or altered, with intent in any of the cases aforesaid to defraud, shall be guilty of felony, and bcirlg convicted thereof shall

be liable, at the discretion of the Court, to be imprisoned tor life, or

for any less term, with or without hard labor, and with or without

solitary confinement.

Personat.ing the 4. Whosoever shall falsely and deceitfully personate any owner of

owner of certain stock,

and transfei~ing	or	any share or interest of or in the capital stock of any body corporate,
ing to transfer or	company, or society which now is or hereafter may be established,

rcuciving or endeavor-

receive the dividends.

I W. P, a. 66, SR 6,	or any owner of any dividend payable in respect of any such
7 96	share or interest as aforesaid, and shall thereby transfer or endeavor to transfcr any shwe or interest belonging to any such awner, or thereby receive or endeavor to receive any money due to any such owner, aa if such offender were the true and lawful owner, shall be guilty of felony, and boing convicted thereof shall be liddc, at the discretion of the Court, to be imprisoned for life, or for any less term, with or without hard labor, and with or without solitary confinement.
Forging attestation

to power of atlo~ney 5. Whosoever shall forge the name or handwriting of any persoE

for transfer of stock,	as or purporting to be a witness attesting the cxecntion af any power
&c.

I W. ~, C. ~ G, S S. ~, ~ ~.

of attorney or other authority to transfer any share or interest of or

in

in any such capital stock as is in either of the last two preceding sections mentioned, or to receive any dividend payable in respect of any such share or intcrest, or shall utter any such power of attorney or other authority with the name or handwriting of any person forged tllcreon as an attesting witness, knowing the same to be forged, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four years, with or without hard labor, and with or without solitary confinement.

As to making mcdd, &C., for bankers' notes:

6. Whosoever shall make or use any frame, mould, or instrument Bfakinfi or having mould for making

for the manufacture of paper, with the name or firm of' any pcrson ,,p,,; wit11 tl,, TlalllB

bankers, appearing visible in the substance of the paper, without the paper. or persons, body corporate, or company carrying on the business of $;;;z$t;:;$ak- authority of such person or persons, body corporate, or company, the 4 j 6 6 p 17*

proof of which authority shall lie on the party accused; or whosoever shall, without lawful excuse, the poof whereof shall lie on the party accuscd, knowingly have in his custody or posscssion any such f&e,

mould, or instrument; or whosoe~er shall, without such authority, to bc proved as aforesaid, manufacture, use, sell, expose to sale, utter, or disposc of, or shall, without lawful excuse, to be proved as afore- said, knowingly.havc in his custody or possession any paper in the substancc of which the name or firm of any such person or persons, body corporate, or company carrying on the business of bankers shall appear visible; or whosoever shall, without such authority, to be proved as aforesaid, cause the name or firm of any such person or pcrsons, body corporate, or company carrying on the business of badicrb to appear visible in the substance of the paper upon which the same shall be written or printed, shall be gniltfy of felony, and bcing convicted thereof s l d l be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eight years, with or without hard labor, and with or without solitary confinement.

'7. Whosoever shall engrave or in anywisc make upon any plate whatever, or upon any wood, stone, or other material, any bill of

Engraving on y la t~,

&C., any bill of ex-

change or prominbory

exehangc or promissory note for the payment of money, or any part	note of any bankers, or using eurh platc ;
of ally bill of exchauge or promissory note for the payment of money,	or uttering or having
purporting to be the bill or note, or part of the bill or note, of any	pltrt of such bill or any paper upon which
person or persons, body corporate, or company carrying on the	note is printed,
l. W. 4, c. G 6, 9s. 18,
bubiness of bankers, without the authority of such person or persons,	26.
body corporate, or couqmny, the proof of which authority shall lie on the party accused; or ~vbosoever shall engrave or make upon ally
plate whatever, or upon any wood, stone, or other material, any
word or words resemhling, or apparently intended to resemble, any subscription subjoined to any bill of exchange or promissory note for the payment of money issued by any such person or persons, body corporate, or company carrying on the business of bankers, without such authority, to be proved as aforesaid; or whosoever shall, without such authority, to be proved as aforesaid, use, or shall, with- out lawful excuse, to be proved by the party accused, knowingly

have

havc in his cnstodp or possession, any plate, ivood, stone, oa other material upon which anS. such bill or note, or part thereof', or any word or words resembling, or apparently intended to resemble, such subscription, shall be engraved or made; or whosoever shall, without such authority, to be proved as aforesaid, knowingly offw, utter, dispose of, or put off, or shall, without lawful excuse, to be proved as aforesaid, knowingly havc in his r:ustody 01- possession any paper upon which any part of such bill or note, or any word or words resembling, or apparently intended to resemble, any such subscription, shall be made or printed, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding eight

with or without hard labor, and with or without solitary confinement,

As to forging certificates relating to quarantine:

Forging or uttering

false certificates of

8. Whosoever shall linowingly or wilfully forge or coun tcrfeit, interlined, erased. or altered. anv certificate directed or reauired to be granted by Act of Council, o; Act of Parliament, now ii force or hereafter to be passed in the said l'rovinccl, tonching quarantine, or shall publish any such forged or counterfeited, interlined, erased, or altered certificate, knowing thc same to be forged or counterfeited, interlined, erased, or altered; or sliall knowingly and wilfully utter and publish any such certificate, with the intent to obtain the effect of a true certificate to be given thercto, knowing the contents of such certificate to Be false, s l d l be guilty of fblony, and being convicted thereof shall be liable, at the discretion of' the Court, to be impri- soncd for four years, or for any less term, with or without hard labor, and with or without solitary confi:xmcnt.

quarantine.

interline, erase, as alt?r, or procure to be forged or counterfeited,

G- 7 8 j 26.

As to other matters:

Australia documents Forging in SO@ 9. VThere the forging or altering nny writing or matter what- purpo,tingtobemadc, goever, or the off'eri~lg, uttering, disposing of', or putting off any

or actually made! out writing or matter whatsoever, knowing the same to be forged or of South Australia;

forging, &C., in south altered, is in this Act expressed to be an offmcc, if any person

change, t o. , purport-	shall, in the said Provinre, forge or alter, or off'er, or utter,
ing to be payable out	dispose of, or put off, knowing the same to be forged or altered, any
"

W. 4, c. 66, AuBtra"a* 8. ao. l such writing or matter, in wllatsoever place or country out of the said

Province, whether under the dominion of Her Majesty or not, such writing or matter may purport to be made or may have been made, and in whatever language the same or any part thereof may be ex- pressed, every such person, and erery pdrson aiding, abetting, or counselling such person, shall be deemed to be an offender within the meaning of this Act, and shall be punishable thereby in the same manner as if the writing or matter had purported to be: made or had been made in the said Province; and if any person shall, in the said Province, forge or alter, or offer, utter, or dispose of, or put off, knowing the same to be forged or altercd, any bill of exclrange, or promissory note for the payment of money, or any endorsement on

6r assignment of any bill of exchange or promissory note for the

paymcnt

payment of money, or any acceptance of any bill of exchange, or any undertaking, warrant, or order for the payment of money, or any deed, bond, or writing obligatory for the payment of money (whether such deed, bond, or writing obligatory shall be made only for thc payment of money, or for the payment of money together with some other purpose), in wl~atever place or country, whcther under the dominion ot Her Majesty or not, the money payable or secured by such bill, note, undertaking, warrant, order, deed, bond, or writing obligatory may be or may purport to bc payable, and in whatever language the same respectively or any part thereof may be expressed, ancl whether such bill, note, undertaking, warrant, or order be or be not under seal, every such person, and every person aiding, abetting, or counselling such person, shall bc deemed to be an offender within the meaning of this Act, and sliall be punishttble thereby in the same manner as if the moncy had been payable or had purported to bc payable in the said l'rovince.

10. I n any indictment for forging or uttering any instrument it ! ~ ~ ' ' ~; t ~ d; ~ ~ ~ ~ -

shall he sufficiclnt to describe such instrument by any name or desig- fur forgery.

l o o t

nation by which the same nlay be usually known, or by the purport 51;	l.iT'i(t
tlit~reof, without sctting out any copy or fac-simile thereof, or other-
M isc describing the same or the value thereof.

11. Tn any indictment for engraving or making the whole or any J)cscril~tiun of instru-

ment in intlicatments

part of any instrument, matter, or thing whatsocver, or for using or c,lgraving,

hal-ing the unlawful possession of any plate or other material upon 1.1 & 16 Vie t., (:. 100,

S, 6

which the whole or any part of any instrument, matter, or thing whatsoever shall have been r-ngraved or made, or for having the un- lawful possession of any paper upon which the whole or any pnrt of any instrument, matter, or thing whatsoever shall have been made or pr in td, it shall bc sufficient to describe such instrmnent, m a t t ~ r, or. thing by any name or designation by wlticli the same may be usually known, without wtting out any copy or f'nc-simile of the wllolc or any pnrt of' such instruuiient. mattvr, or thing.

12. It shnll be siiffic:irnt, in any indictment for any oftknct: l~lbenttociefrandpxr- ticit1:u persons necd

1mriishnble under this Act wllese i t shall bc aewssa1.y to allege an ,,,, alliged or

inteut to tlcfi-aud. to allege that the party accused did the act with proved. 14 6r 15 T~ct., r. 100,

intent to defmud, wj thout alleging an intent to dvfraud any pi~rtimlar ,, 8.

pe~soil; mid 011 the trial of' any such offencc i t shall not bc n c c e s s q to prove an intent to defraud any particular person, but i t shall be sufficient to prole that the ?arty accused did the act c11argcil with an intent to defraud.

13. TYllcre the hwing	any matter in	the custody or possession of	J n t e v p f * l i o n as to
c I ~ r r h ~ s l p~r.wss~rin.

any parson is in this Act expressed to be ail offence, if any person I \v. 4, ,. 06, q. 28.

shdl have any such matter in his personal custody or posse~sion, or

shall knowingly and wilfully have any such matter in any dwelling-

housc or othw building, lodging, apartment, field, or other ylace,

open or enclosed, whether belonging to or occupied by hirrisclf or

not, and whethcr such matter shall be so had for his own use or for

X- the

the use or benefit of another, every such person shall be deeincd and taken to have such matter in his custody or possession within the meailing of this Act.

l'llne q l ~ l ~ t i p c 14. I n all cases of felonies in this Act mentioned, it shall be law-

t l ~ pe,l( e.

ful for the Court, if it shall think fit, to require the offender to find sureties for good behaviour, in addition to iiny of thc punishmcnts by this Act authorized.

E1 uil lab01 and 15. Where imprisonment with or without hard labor inay be

4 i t. u ~ ( o~lfi~lcmeilt.

awt~rdcd for any offcncc undcr this Act, t h ~ Court may scntencc thc offender to bc imprisoned, or to be imprisoned and kept to hart1 labor, in any comnion gaol or labor prison; unci where solitaq coilfinement may be awarded for any off'ence under this Act, t h Court may direct the offender tn be kept in solitary confinement for any portion or portions of his imprisonment, or of his imprisonment with hard labor, not cxceecling one month at any oire time. and not exceeding thrcc months in any one y c u.

C ~ n l ~ ~ ~ ~ c ! ~ ~ ~ l ~ t o f ~ ~ ~ t ~ 16. This Act &;l11 co~ulneilct. and t;ike clfcct froin the pithiiiig

thereof.

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ddclaide: Printcd by authority, by W. C. Cox, Gorernment Printer, Victoria-square.