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FORGERY ACT 1861

FORGERY ACT 1861 - LONG TITLE

An Act to consolidate and amend the Statute Law of . . . Ireland
relating to indictable Offences by Forgery.{1}
[6th August 1861]
Preamble rep. by SLR 1892

Ss.1, 2 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I. S.3 rep.
by SLR 1892; SLR 1893 (No.2); 1969 c.16 (NI) s.31(2) sch.3 Pt.I.
S.4 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I.

FORGERY ACT 1861 - SECT 5
Making false entries in the books of the public funds.

5. Whosoever shall wilfully make any false entry in, or wilfully
alter any word or figure in, any of the books of account kept by
the Bank of England or the Bank of Ireland, in which books the
accounts of the owners of any stock, annuities, or other public
funds which now are or hereafter may be transferable at the Bank
of England or at the Bank of Ireland shall be entered and kept,
or shall in any manner wilfully falsify any of the accounts of any
of such owners in any of the said books, with intent in any of
the cases aforesaid to defraud, or shall wilfully make any transfer
of any share or interest of in any stock, annuity, or other public
fund which now is or hereafter may be transferable at the Bank of
England or at the Bank of Ireland, in the name of any person not
being the true and lawful owner of such share or interest, with
intent to defraud shall be guilty of felony, and being convicted
thereof shall be liable ... to be kept in penal servitude for life
....

FORGERY ACT 1861 - SECT 6
Clerk of the Bank of England or Bank of Ireland making out false
dividend warrants.

6. Whosoever, being a clerk, officer, or servant of or other person
employed or intrusted by the Bank of England or the Bank of
Ireland, shall knowingly make out or deliver any dividend warrant,
or warrant for payment of any annuity, interest, or money payable
at the Bank of England or Ireland, for a greater or less amount
than the person on whose behalf such warrant shall be made out is
entitled to, with intent to defraud, 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 ....

Ss.726 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I

As to forging records, process, instruments of evidence, &c.:

S.27 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I

FORGERY ACT 1861 - SECT 28
Forging copies or certificates of records, process of courts not of
record, and using forged process.

28. Whosoever, being the clerk of any court, or other officer
having the custody of the records of any court, or being the
deputy of any such clerk or officer, shall utter any false copy or
certificate of any record, knowing the same to be false; and
whosoever ... shall deliver or cause to be delivered to any person
any paper falsely purporting to be any such process, or a copy
thereof, or to be any judgment, decree, or order of any court of
law or equity, or a copy thereof, knowing the same to be false,
or shall act or profess to act under any such false process,
knowing the same to be false, 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 ....

Ss.2933 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I

As to falsely acknowledging recognizances, &c.:

FORGERY ACT 1861 - SECT 34
Acknowledging recognizance, bail, &c. in the name of another.

34. 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 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 ....

S.35 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I

As to forging registers of births, marriages, and deaths:

FORGERY ACT 1861 - SECT 36
Destroying, injuring, forging, or falsifying registers of births,
baptisms, marriages, deaths, or burials, or certified copies.

36. 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 ....

FORGERY ACT 1861 - SECT 37
Making false entries in copies of registers of baptisms, marriages,
or burials, directed to be sent to any registrar, or destroying or
concealing copies of registers.

37. 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 ....

Ss.3841 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I. Ss.42, 43
rep. by 1945 c.16 (NI) s.9(3) sch.2

FORGERY ACT 1861 - SECT 44
Intent to defraud particular persons need not be alleged or proved.

44. ... on the trial of any such offence it shall not be
necessary to prove an intent to defraud any particular person, but
it shall be sufficient to prove that the party accused did the act
charged with an intent to defraud.

Ss.45, 46 rep. by 1913 c.27 (3 & 4 Geo.5) s.20 sch. Pt.I. Ss.47,
48 rep. by SLR 1892; SLR 1893 (No.2); 1967 c.18 (NI) s.15(2) sch.2
Pt.I. S.49 rep. by 1953 c.14 (NI) s.1(2); 1967 c.18 (NI) s.15(2)
sch.2 Pt.II

FORGERY ACT 1861 - SECT 50
Offences committed within the jurisdiction of the Admiralty.

50. All indictable offences mentioned in this Act which shall be
committed within the jurisdiction of the Admiralty of ... Ireland
shall be ... liable to the same punishments, as if they had been
committed upon the land in ... Ireland, ....

FORGERY ACT 1861 - SECT 51
Sureties for keeping the peace; in what cases.

51. Whenever any person shall be convicted of a misdemeanor under
this Act, it shall be lawful for the court, if it shall think
fit, in addition to or in lieu of any of the punishments by this
Act authorized, to ... require him to enter into his own
recognizances, and to find sureties, both or either for keeping the
peace and being of good behaviour; ...: Provided, that no person
shall be imprisoned under this clause for not finding sureties for
any period exceeding one year.

S.52 rep. by SLR 1893 (No.2). S.53 rep. by SLR 1892. S.54 rep. by
1968 c.10 (NI) s.11 sch. S.56 rep. by SLR 1892






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