462
Demanding Property upon forged Instruments.
Forging any Instrument however designated which is in Law a Will, Deed, Bill of Exchange, &c.
ORDINANCE No. 6. of 1865.
Forgery.
Forging, &c., Documents in the Colony purporting to be...
for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
As to demanding Property upon Forged Instruments,
XXXVIII. Whosoever, with intent to defraud, shall demand, receive, or obtain, or cause or procure to be delivered or paid to any Person, or endeavour to receive or obtain, or to cause or procure 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, or under, upon, or by virtue of any attested Copy of any Will, Testament, Codicil, or Testamentary Writing, deposited in any Registrar's Office in this Colony, knowing the Will, Testament, Codicil, or Testamentary Writing in respect of which such attested Copy shall have been obtained to have been forged or altered, or knowing such attested Copy to have been obtained by any false Oath, Affirmation, Declaration, 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.
XXXIX. Where by this or by any other Ordinance any Person is or shall hereafter be made liable to Punishment for forging or altering, or for offering, uttering, disposing of, or putting off, knowing the same to be forged or altered, any Instrument or Writing designated in such Ordinance by any special Name or Description, and such Instrument or Writing, however designated, shall be in Law a Will, Testament, Codicil, or Testamentary Writing, or a Mortgage, Lease, Contract, 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 Ordinance, in every such case the Person forging or altering such Instrument 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 Ordinance, and punished accordingly.
XL. Where the forging or altering any Writing or Matter whatsoever, or the offering, uttering, disposing of or putting off any Writing or Matter whatsoever, knowing the same to be forged or altered, is in this Ordinance expressed to be an Offence,
ORDINANCE No. 6. OF 1865.
Forgery.
463
if any Person shall, in this Colony, forge, or alter, or offer, utter, dispose of or put off, knowing the same to be forged or altered, any such Writing or Matter in whatsoever Place or Country out of this Colony, 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 expressed, every such Person, and every Person aiding, abetting, or counselling such Person, shall be deemed to be an Offender within the Meaning of this Ordinance, 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 this Colony, and if any Person shall in this Colony forge or alter, or offer, utter, dispose of or put off, knowing the same to be forged, or altered, any Bill of Exchange, or any Promissory Note for the Payment of Money, or any Indorsement on or Assignment of any Bill of Exchange or Promissory Note for the Payment of Money, or any Acceptance of any Bill of Exchange, or any Undertaking, Warrant, Order, Authority, or Request for Payment of Money, or for the Delivery or Transfer of any Goods or Security, or any Deed, Bond, or Writing Obligatory for the Payment of Money (whether such Deed, Bond, or Writing Obligatory shall be made only for the Payment of Money, or for the Payment of Money together with some other Purpose), or any Indorsement on or Assignment of any such Undertaking, Warrant, Order, Authority, Request, Deed, Bond, or Writing Obligatory, in whatsoever Place or Country out of this Colony, whether under the Dominion of Her Majesty or not, the Money payable or secured by such Bill, Note, Undertaking, Warrant, Order, Authority, Request, Deed, Bond, or Writing Obligatory may be or may purport to be payable, and in whatever Language the same respectively or any Part thereof may be expressed, and whether such Bill, Note, Undertaking, Warrant, Order, Authority, or Request be or be not under Seal, every such Person, and every Person aiding, abetting, or counselling such Person, shall be deemed to be an Offender within the Meaning of this Ordinance, and shall be punishable thereby in the same Manner as if the Money had been payable or had purported to be payable in this Colony.
XLI. In any Information for forging, altering, offering, uttering, disposing of or putting off any Instrument it shall be sufficient to describe such Instrument by any Name or Designation by which the same may be usually known, or by the Purport thereof, without setting out any Copy or Fac-simile thereof, or otherwise describing the same or the Value thereof.
XLII. In any Information for engraving or making the whole or any Part of any Instrument, Matter, or Thing whatsoever, or for using 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 shall have 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 shall have been made or printed, it shall be sufficient to describe such Instrument, Matter,...
604
462
Demanding Property upon forged Instru-
ments.
Forging any Instrument
however desig in Law a Will, Deed, Bill of Exchange, &c.
nated which is
Forging, &c., Documents in
the Colony pur-
porting to be
ORDINANCE No. 6. or 1865.
Forgery.
for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
As to demanding Property upon Forged Instruments,
XXXVIII. Whosoever, with intent to defrand, shall demand, receive, or obtain, or cause or procure to be delivered or pay to any Persou, or endeavour to receive or obtain, or to cause or procure 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, or under, upon, or by virtue of any attested Copy of any Will, Testament, Codicil, or Testamentary Writing, deposited in any Registrar's Office in this Colony, knowing the Will, Testament, Codicil, or Testamentary Writing in respect of which such attested Copy shall have been obtained to have been forged or altered, or knowing such attested Copy to have been obtained by any false Oath, Affirmation, Declaration, 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 Four- teen Years and not less than Three Years,or to be imprisoned for any Term not execeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
As to other Matters.
XXXIX. Where by this or by any other Ordinance any Person is or shall hereafter be made liable to Punishment for forging or altering, or for offering, uttering, disposing of, or putting off, knowing the same to he forged or altered, any Instrument or Writing designated in such Ordinance by any special Name or Description, and such Instrument or Writing, however designated, shall be in Law & Will, Testament, Codicil, or Testamentary Writing, or a Mortgage, Lease, Contract, 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 Ordinance, in every such case the Person forging or altering such Instrument 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 Ordinance, and punished accordingly.
XL. Where the forging or altering any Writing or Matter whatsoever, or the offering, uttering, disposing of or putting off any Writing or Matter whatsoever, knowing the same to be forged or altered, is in this Ordinance expressed to be an Offence,
if
ORDINANCE No. 6. OF 1865.
Forgery.
463
if any Person shall, in this Colony, forge, or alter, or offer, utter, made out of the dispose of or put off, knowing the same to be forged or altered, Colony, &c. any such Writing or Matter in whatsoever Place or Country out of this Colony, 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 expressed, every such Person, and every Person aiding, abetting, or counselling such Person, shall be deemed to be an Offender within the Meaning of this Ordinance, and shall be punishable thereby in the same Manuer as if the Writing or Matter had purported to be made or had been made in this. Colony, and if any Person shall in this Colony forge or alter, or offer, utter, dispose of or put off, knowing the same to be forged, or altered, any Bill of Exchange, or any Promissory Note for the Payment of Money, or any Indorsement on or Assignment of any Bill of Exchange or Promissory Note for the Payment of Money, or any Acceptance of any Bill of Exchange, or any Undertaking, Warrant, Order, Authority, or Request for Payment of Money, or for the Delivery or Transfer of any Goods or Security, or any Deed, Bond, or Writing Obligatory for the Payment of Money (whether such Deed, Bond, or Writing Obligatory shall be made only for the Payment of Money, or for the Payment of Money together with some other Purpose), or any Indorsement on or Assignment of any such Undertaking, Warrant, Order, Authority, Request, Deed, Bond, or Writing Obligatory, in whatsoever Place or Country out of this Colony, whether under the Dominion of Her Majesty or not, the Money payable or secured by such Bill, Note, Undertaking, Warraut, Order, Authority, Request, Deed, Bond, or Writing Obligatory may be or may purport to he payable, and in whatever Language the same respectively or any Part thereof may be expressed, and whether such Bill, Note, Undertaking, Warrant, Order, Authority, or Request be or be not under Seal, every such Person, and every Person aiding, abetting, or counselling such Person, shall be desined to be an Offender within the Meaning of this Ordinance, and shall be punishable thereby in the same Manner as if the Money had been payable or had purported to be payable in this Colony,
XLI. In any fuformation for forging, altering, offering, uttering, Description of disposing of or putting off any Instrument it shall be sufficient to Instruments in describe anch Instrument by any Name or Designation by which Information for the same may be usually known, or by the Purport thereof, Forgery, without setting out any Copy or Fac-simile thereof, or otherwise describing the same or the Value thereof.
XLII. In any Information for engraving or making the whole Description of or any Part of any Instrument, Matter, or Thing whatsoever, or Instruments in for using or having the unlawful Custody or Possession of any Information for Plate or other Material upon which the whole or any Part of engraving, &c. any Instrument, Matter, or Thing whatsoever shall have been engraved or made, or for having the unlawful Custody or Posses- sion of any Paper upon which the whole or any Part of any Instrument, Matter, or Thing whatsoever shall have been made or printed, it shall be sufficient to describe such Instrument,
Matter,
604
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