.605
464
Intent to de-
lar Persons need not be averred.
ORDINANCE No. 6. OF 1865.
Forgery.
Matter, or Thing by any Name or Designation by which the same may be usually known, without setting out any Copy or Fae-simile of the whole or any Part of such Instrument, Matter, or Thing.
XLIII. It shall be sufficient, in any Information for forging, fraud, partially altering, uttering, offering, disposing of or putting off any Instrument whatsoever, where it shall be necessary to allege an Intent to defraud, to allege that the Party 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 Party accused did the Act charged with an Intent to defraud.
Interpretation
28 to criminal Possession.
Search for Paper or Implements employed in any Forgery, and for forged Instruments.
XLIV. 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 shall have any such Matter in his personal Custody or Possession, or shall knowingly and wilfully have any such Matter in the actual Custody or Possession of any other 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 inclosed, 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 Ordinance.
XLV. If it shall be made to appear, by Information on Oath, Affirmation or Declaration 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 Governor and Company of the Bank of England or Ireland, or of any Body Corporate, Company, or Person carrying on the Business of Bankers, 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 a Police Magistrate, 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 a Police Magistrate, be defaced and destroyed or otherwise disposed of as such Court or Justice shall direct.
XLVI. Whosoever
ORDINANCE No. 6. OF 1865.
Forgery.
465
XLVI. Whosoever shall after the Commencement of this Ordinance be convicted of an Offence which shall have been subjected by any Enactment or Enactments in Force in this Colony to the same Pains and Penalties as are imposed by the Act of the Imperial Parliament passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act against Forgers of false Deeds and Writings for any of the Offences first enumerated in the said Act, shall be guilty of Felony, and shall, in lieu of such Pains and Penalties, 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.
c. 66, and are
XLVII. Where by any Enactment now in Force in this Colony any Person falsely making, forging, counterfeiting, erasing, or altering any Matter whatsoever, or uttering, publishing, offering, disposing of, putting away, or making use of any Matter whatsoever, knowing the same to have been falsely made, forged, counterfeited, erased, or altered, or any Person demanding or endeavouring to receive or have any Thing, or to do or cause to be done any Act, upon or by virtue of any Matter whatsoever, knowing such Matter to have been falsely made, forged, counterfeited, erased, or altered, would according to the Provisions contained in any such Enactment be guilty of Felony and would before the passing of the Act of the First Year of King William the Fourth, Chapter Sixty-six, have been liable to suffer Death as a Felon; or where by any Enactment now in Force in this Colony any Person falsely personating another, or falsely acknowledging any Thing in the Name of another, or falsely representing any other Person than the real Party to be such real Party, or wilfully making a false Entry in any Book, Account, or Document, or in any Manner wilfully falsifying any Part of any Book, Account or Document, or wilfully making a transfer of any Stock, Annuity, or Fund in the Name of any Person not being the Owner thereof, or knowingly taking any false Oath, or knowingly making any false Affidavit, false Affirmation or false Declaration or demanding or receiving any Money or other Thing by virtue of any Probate or Letters of Administration, knowing the Will on which such Probate shall have been obtained to have been false or forged, or knowing such Probate or Letters of Administration to have been obtained by means of any false Oath, false Affirmation or false Declaration would according to the Provisions contained in any such Act, be guilty of Felony, and would before the passing of the said Act of the First Year of King William the Fourth have been liable to suffer Death as a Felon; or when by any Enactment now in Force any Person making or using, or knowingly having in his Custody or Possession, any Frame, Mould, or Instrument for the making of Paper, with certain words visible in the Substance thereof, or any Person making such Paper, or causing certain Words to appear visible in the Substance of any Paper would, according to the Provisions contained in any such Enactment, be guilty of Felony, and would before the passing of the said Act of the First Year of King William the Fourth have
G g
been