86
No. 4 of 1865.
FORGERY.
Description of instrument etc.
43. In any indictment for engraving or making the whole or any part of any instrument, matter, or thing whatsoever, or for using for engraving, or having the unlawful custody, or possession of any plate or other material upon which the whole or any part of any instrument, matter, or thing whatsoever has been engraved or made, or for having the unlawful custody or possession of any paper upon which the whole or any part of any instrument, matter, or thing whatsoever has been made or printed, it shall be sufficient to describe such instrument, matter, or thing by any name or designation by which the same is usually known, without setting out any copy or facsimile of the whole or any part of such instrument, matter, thing. [24 & 25 Vict. c. 98 s. 43.]
Intent to defraud particular persons need not be alleged or proved. [ib. s. 44.]
Explanation of criminal possession. [ib. s. 45.]
Search for paper or implements employed in forgery and for forged instruments. [ib. s. 46.]
44. In any indictment for forging, altering, uttering, offering, disposing of, or putting off any instrument whatsoever, where it is necessary to allege an intent to defraud, it shall be sufficient to allege that the accused did the act with intent 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 accused did the act charged with an intent to defraud.
45. Where the having any matter in the custody or possession of any person is in this Ordinance expressed to be an offence, if any person—
(1) has any such matter in his personal custody or possession; or
(2) knowingly and wilfully has any such matter in the actual custody or possession of any other person; or
(3) knowingly and wilfully has 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 is 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 Ordinance.
46. If it is made to appear, by information upon oath before a Justice of the Peace, that there is reasonable cause to believe that any person has in his custody or possession, without lawful authority or excuse, any note or bill of the Bank of England or Ireland...
* As amended by No. 50 of 1911, No. 51 of 1911, No. 21 of 1912 and the Final Revision Ordinance 1912.
...or of such paper or implements employed in making or producing the same, or any part of such note or bill, or any machinery, implement, utensil, or thing whatsoever, used or fitted or intended to be used in making or producing the same, or in impressing or counterfeiting any stamp, mark, or signature upon or in any note or bill purporting to be a note or bill of the said Bank or of the said Banks to be issued, it shall be lawful for such Justice to issue a warrant to search for the same; and every such search shall be made in the day time by a police officer, and such officer shall be accompanied by such person or persons as the Justice issuing such warrant shall require; and if upon such search any such thing is found, the same shall be seized and carried before a Justice, and such Justice shall thereupon, by warrant under his hand and seal, order the same to be disposed of in such manner as he shall think fit.
48. Whoever—
(1) falsely makes or counterfeits, or causes or procures to be falsely made or counterfeited, or willingly aids or assists in the false making or counterfeiting, any matter or thing whatsoever; or
(2) falsely alters, or causes or procures to be falsely altered, or willingly aids or assists in the false altering, any matter or thing whatsoever; or
(3) utters or tenders, or causes or procures to be uttered or tendered, as true, any matter or thing whatsoever, which he knows to be false or counterfeit, or to have been falsely made or counterfeited, or falsely altered, shall be guilty of an offence.