c. 98, s. 35. (1 Will. IV. 24 and 25 Vict. to the marriage of any person under the age of twenty-one years, or shall offer, utter, dispose of, or put off, any such certificate, consent, or writing,-knowing the same to be forged or fraudu lently altered, shall be guilty of felony; c. 66, s. 20.) Demanding and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. AS TO FORGING REGISTERS OF BIRTHS, MARRIAGES, AND DEATHS. 35. [Forging registers of births, baptisms, marriages, deaths, or burials.] 24 and 25 Vict. c. 98, s. 36. 36. [Making false entries in copies of register sent to Registrar.] Ib. s. 3. AS TO DEMANDING PROPERTY, UPON FORGED INSTRUMENT. 37. Whosoever, with intent to defraud, shall demand, receive, property upon or obtain, or cause or procure to be delivered or paid to any forged instruperson, or endeavour to receive or obtain, or to cause [or] procure ments. Ib. s. 38. to be delivered, or paid, to any person, any chattel, money, security for money, or other property whatsoever, under, upon, or by virtue of any forged or altered instrument whatsoever, -knowing the same to be forged, or altered, Forging any or under, upon, or by virtue of any probate, or letters of administration, knowing the will, testament, codicil, or testamentary writing on which such probate, or letters of administration shall have been obtained, to have been forged or altered, or knowing such probate or letters of administration to have been obtained by any false oath, affirmation, or affidavit,-shall be guilty of felony ; and being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years, and not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. AS TO OTHER MATTERS. 38. Where by this, or by any other Act of the General however desigAssembly, any person is, or shall hereafter be made liable to nated, which punishment for forging, or altering, or for offering, uttering, disis in law a will, posing of, or putting off,-knowing the same to be forged or altered, any instrument, or writing designated in such Act by any special name or description, and such instrument or writing, bill of ex change, &c. Ib. s. 39. however designated, shall be in law a will, testament, codicil, or (1 Will. IV. c. 66, s. 4.) testamentary writing, or a deed, bond, or writing obligatory, or a bill of exchange, or a promissory note for the payment of money, or an indorsement 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, order, authority, or request for the payment of money, or an indorsement on or assignment of an undertaking, warrant, order, authority, or request for the payment of money, within the true intent and meaning of this Act; in every such case, the person forging or altering such instru ment 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 offender against this Act, and punished accordingly. 39. [Forging, &c., in New Zealand, documents purporting to be made, or actually made, out of New Zealand; forging, &c., in New Zealand, bills of exchange, &c., purporting to be payable out of New Zealand.] 24 and 25 Vict. c. 98, s. 40. 40. [Forgers, &c., may be tried in the district where they are apprehended, or in custody.] Ib. s. 41. 41. In any indictment for forging, altering, offering, uttering, Description of disposing of, or putting off any instrument, instrument in indictments it shall be sufficient to describe such instrument by any name for forgery. or designation, by which the same may be usually known, or by 24 and 25 Vict. the purport thereof,-without setting out any copy or fac-simile c. 98, s. 42. (14 & 15 Vict. thereof, or otherwise describing the same, or the value thereof. c. 100, s. 5.) 42. [Description of instrument in indictments for engraving, &c.] 24 and 25 Vict. c. 98, s. 43. 43. It shall be sufficient in any indictment for forging, alter- Intent to deing, uttering, offering, disposing of, or putting off, any instrument fraud particu lar persons whatsoever, where it shall be necessary to allege an intent to need not be defraud, to allege that the party accused did the act with intent alleged or to defraud,-without alleging an intent to defraud any particular person ; and 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. proved. 44. Where the having any matter in the custody or possession Interpretation of any person is in this Act expressed to be an offence, as to criminal possession. if any person shall have any such matter in his personal fb. s. 45. custody or possession, or shall knowingly and wilfully have any (1 Will. IV. such matter in the actual custody or possession of any other c. 66, s. 28.) person, or shall knowingly and wilfully have any such matter in any dwelling-house, or other building, lodging, apartment, field or other place, open or enclosed,-whether belonging to, or occupied by himself or not, and whether such matter shall be so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession, within the meaning of this Act. Search for 45. If it shall be made to appear, by information on oath or paper or imaffirmation before a Justice of the Peace, that there is reasonable plements em ployed in any cause to believe that any person has in his custody or possession, forgery, and without lawful authority or excuse, any note or bill of any body for forged instruments. corporate, company, or person carrying on the business of bankers, 24 and 25 Vict. whether within New Zealand or elsewhere,c. 98, s. 46. Destruction thereof. or any frame, mould, or implement for making paper in imitation of the paper used for such notes, or bills, or any such paper, or any plate, wood, stone, or other material having thereon any words, forms, devices or characters, capable of producing or intended to produce the impression of any such note or bill, or any part thereof; or any tool, implement, or material used or employed, or intended to be used or employed, in or about any of the operations aforesaid; or any forged security, document, or instrument whatsoever; or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed, or intended to be used or employed, in the forgery of any security, document, or instrument whatsoever : Such Justice may, if he think fit, grant a warrant to search for the same; and if the same shall be found upon such search, it shall be lawful to seize, and carry the same before some Justice of the Peace, to be by him disposed of according to law; and all such matters and things so seized as aforesaid shall, by order of the Court where any such offender shall be tried, or in case there shall be no such trial, then, by order of some Justice of the Peace, be defaced and destroyed, or otherwise disposed of, as such Court or Justice shall direct. 46. [Other punishments substituted for those of the 5 Eliz. c. 14, which have been adopted in other Acts.] 24 and 25 Vict. c. 98, s. 47. (1 Will. IV. c. 66, s. 23.) 47. [All forgeries which, in England, were capital before the 1 Will. IV. c. 66, and are not otherwise punishable under this Act, and aiders, abettors, counsellors, and procurers therein, shall be punished with penal servitude for life, &c., or not less than three years, or imprisonment not less than two years, with or without hard labour.] 48. In the case of every felony punishable under this Act, Principals in every principal in the second degree, and every accessory before the second the fact, shall be punishable in the same manner as the principal in the first degree is by this Act punishable; degree, and accessories ; abettors in ours. and every accessory after the fact to any felony punishable misdemean under this Act shall, on conviction, be liable, at the discretion of 24 and 25 Vict. the Court, to be imprisoned for any term not exceeding two c. 98, s. 49. years, with or without hard labour, and with or without solitary confinment. and every person who shall aid, abet, counsel, or procure the commission of any misdemeanour punishable under this Act, shall be liable to be proceeded against, indicted, and punished as a principal offender. 49. [See General Clause (e), App. p. 169.] 50. [See General Clause (a), App. p. 168.] 51. [See General Clause (b), App. p. 169.] 52. The Short Title of this Act shall be "The Forgery Short Title. Act, 1867." 53. This Act shall commence and take effect on the first day Commenceof November, one thousand eight hundred and sixty-seven. ment of Act. THE COINAGE OFFENCES ACT, 1867. An Act to consolidate and amend the Statute Law against Offences [N.B.-It seems unnecessary to reprint in this work the whole of the provisions of this Statute. Such sections, therefore, alone are given at length, as refer to cases which may be of comparatively frequent recurrence.] 24 and 25 Vict. C. 1. In the interpretation of, and for the purposes of this Act, Interprethe expression "the Queen's current gold or silver coin," shall tation. include any gold or silver coin, coined in any of Her Majesty's c. 99, s. 1. mints, or lawfully current by virtue of any Act, or Proclamation, Current gold or otherwise, in any part of Her Majesty's dominions, whether and silver within the United Kingdom or otherwise; coin. and the expression "the Queen's copper coin" shall include Copper coin. any copper coin, and any coin of bronze or mixed metal, coined in any of Her Majesty's mints, or lawfully current by virtue of APP. 36 |