40
CAP. 200]
Crimes
{1984 Ed.
1935 c. 25. s. 1.
Form of indictment and proof of intent.
1913 c. 27, s. 17.
Savings.
1913 c. 27, s. 19.
(d) any forged document, seal or die; or
(e) any machinery, implement, utensil or material used or intended to be used for the forgery of any document,
the magistrate may grant a warrant to search for the same, and if the same is found on search, it shall be lawful to seize it and carry it before a magistrate to be by him disposed of according to law. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
(2) Every document, seal or die lawfully seized under such warrant shall be defaced and destroyed or otherwise disposed of-
(a) by order of the court or magistrate before which or whom the offender is tried; or
(b) if there be no trial, by order of a magistrate.
(3) Where any forged bank note, or any machinery, implement, utensil or material used or intended to be used for the forgery of a bank note, is lawfully seized under a warrant granted in pursuance of subsection (1) or otherwise, the bank note, machinery, implement, utensil or material, as the case may be, shall, notwithstanding anything in subsection (2), be delivered up to the Financial Secretary or to any person authorized by him for the purpose, by order of the court or magistrate before which or whom the offender is tried or, if there be no trial, by order of a magistrate. (Added, 20 of 1936, s. 2. Amended, 33 of 1939, Supp. Schedule. G.N. 840/40)
(11 of 1922, s. 15, incorporated)
(
82. (1) In an indictment or information for an offence against this Part with reference to any document, seal or die, it is sufficient to refer to the document, seal or die by any name or designation by which it is usually known or by its purport, without setting out any copy or facsimile of the whole or any part of the document, seal or die.
(2) Where an intent to defraud or an intent to deceive is one of the constituent elements of an offence punishable under this Part, or under any other enactment relating to forgery or any kindred offence for the time being in force, it shall not be necessary to prove an intent to defraud or deceive any particular person; and it shall be sufficient to prove that the defendant did the act charged with intent to defraud or to deceive, as the case may require.
(3) If any person who is a member of any co-partnership, or is one of 2 or more beneficial owners of any property, forges any document, matter or thing with intent to defraud the co-partnership or the other beneficial owners, he is liable to be dealt with, indicted, tried and punished as if he had not been or was not a member of the co-partnership, nor one of such beneficial owners.
(11 of 1922, s. 16, incorporated)
83. (1) Where an offence against this Part also by virtue of some other enactment subjects the offender to any forfeiture or dis-
40
CAP. 200]
Crimes
{1984 Ed.
1935 c. 25. s. 1.
Form of indictment and proof of intent.
1913 c. 27, s. 17.
Savings.
1913 c. 27, s. 19.
(d) any forged document, seal or die; or
(e) any machinery, implement, utensil or material used or intended to be used for the forgery of any document,
the magistrate may grant a warrant to search for the same, and if the same is found on search, it shall be lawful to seize it and carry it before a magistrate to be by him disposed of according to law. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40 )
(2) Every document, seal or die lawfully seized under such warrant shall be defaced and destroyed or otherwise disposed of-
(a) by order of the court or magistrate before which or whom
the offender is tried; or
(b) if there be no trial, by order of a magistrate.
(3) Where any forged bank note, or any machinery, imple- ment, utensil or material used or intended to be used for the forgery of a bank note, is lawfully seized under a warrant granted in pursuance of subsection (1) or otherwise, the bank note, machinery, implement, utensil or material, as the case may be, shall, notwith- standing anything in subsection (2), be delivered up to the Financial Secretary or to any person authorized by him for the purpose, by order of the court or magistrate before which or whom the offender is tried or, if there be no trial, by order of a magistrate. Added, 20 of 1936, s. 2. Amended, 33 of 1939, Supp. Schedule. G.N. 840/40)
(11 of 1922, s. 15, incorporated)
(
82. (1) In an indictment or information for an offence against this Part with reference to any document, seal or die, it is sufficient to refer to the document, seal or die by any name or designation by which it is usually known or by its purport, without setting out any copy or facsimile of the whole or any part of the document, seal or die.
(2) Where an intent to defraud or an intent to deceive is one of the constituent elements of an offence punishable under this part, or under any other enactment relating to forgery or any kindred offence for the time being in force, it shall not be necessary to prove an intent to defraud or deceive any particular person; and it shall be sufficient to prove that the defendant did the act charged with intent to defraud or to deceive, as the case may require.
(3) If any person who is a member of any co-partnership, or is one of 2 or more beneficial owners of any property, forges any document, matter or thing with intent to defraud the co-partnership or the other beneficial owners, he is liable to be dealt with, indicted. tried and punished as if he had not been or was not a member of the co-partnership, nor one of such beneficial owners.
(11 of 1922, s. 16, incorporated}
83. (1) Where an offence against this Part also by virtue of some other enactment subjects the offender to any forfeiture or dis-
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