ARTICLE 390.

FORGERIES PUNISHABLE WITH SEVEN YEARS PENAL SERVITUDE.

Every one commits felony, and is liable upon conviction thereof to seven years penal servitude, who

1

(a.) 1 forges the seal of any Court of record; or

(b.) 2 forges or utters any process of any Court of justice. whatever, or

serves or enforces any such forged process knowing it to be forged, or delivers, or causes to be delivered, to any person any paper falsely purporting to be any such process, or a copy thereof, or to be any judgment, decree, or order of any Court of law or equity, or a copy thereof, or

acts, or professes to act, under any such false process knowing (in any such case) such process to be false; or

(c.) 3 forges or utters any copy or certificate of any record, or utters any such copy or certificate having thereon any forged name, handwriting, or signature; or

4

(d.) forges or utters 5 any original document whatever of any Court which, on the 6th of August, 1861, was a Court of record, of equity, or of Admiralty in England or Ireland, or any document, or copy of a document, used, or intended to be used, as evidence in any such Court; or

1 Clause (a.) represents part of 24 & 25 Vict c. 98, s. 28, which occurs in the middle of the section. The statute says nothing in this case of forging the stamp or impression of such seals.

2 Clause (b.) represents the effect of that part of sect. 27, which makes it an offence, inter alia, to forge the process of certain Courts named, combined with that part of sect. 28 which makes it an offence to forge the process of any other Court than those mentioned in sect. 27, and to serve the forged process of any Court whatever. These sections are singularly cumbrous and ill-arranged, besides being intolerably wordy.

324 & 25 Vict. c. 98, s. 28.

4 Ibid. s. 27.

5 "record, writ, return, panel, process, rule, order, warrant, interrogatory, deposition, affidavit, affirmation, recognizance, cognovit actionem, or warrant of attorney, or any original document whatsoever of or belonging to any Court of record, or any bill, petition, process, notice, rule, answer, pleading, interrogatory, deposition, affidavit, affirmation, report, order, or decree, or any original document whatsoever" of the other Courts named. As the Courts of Equity and Admiralty in England now form divisions of the High Court, the distinction between the different classes of documents would seem to have ceased to exist.

(e) 1 who, being the clerk of any Court or other officer, or deputy of the clerk or officer having custody of the records of any Court, utters a false copy or certificate of any record; or

(f.) 2 who, not being such officer or deputy, signs or certifies any copy of any record or certificate as such officer or deputy; or

3

(g.) who forges or utters any instrument, whether written or printed in whole or in part, made evidence by any Act of Parliament in force for the time being, and not mentioned specifically in any other Article of this chapter; or

any license of or certificate for marriage; or

5 the signature of a witness attesting the execution of any power of attorney or other authority to transfer any interest in any stock mentioned in the first paragraph of Article 388 (b.) or (f.), or to receive any dividend or money payable in respect thereof;

(h.) 7 who, being a clerk, officer, or servant or other person employed by the Bank of England or Ireland, knowingly and with intent to defraud makes out or delivers any dividend warrant or warrant for the payment of any annuity, interest, or money payable at either of the said banks for an amount greater or less than that to which the person on whose behalf such warrant is made out is entitled;

8

(i.) who forges the seal or any process of a County Court, or who serves or enforces such forged process, knowing the same to be forged, or delivers or causes to be delivered to any person any paper falsely purporting to be a copy of any summons or other process of the said Court knowing the same to be false, or acts or professes to act under any false

1 24 & 25 Vict. c. 98, s. 28.

2 Ibid. s. 28.

3 Ibid. s. 29.

4 Ibid. s. 35.

5 Ibid. s. 4.

6"any name, handwriting, or signature purporting to be the name, &c., of."

7 24 & 25 Vict. c. 98, s. 6.

8 51 & 52 Vict. c. 43, s. 180.

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colour or pretence of the process or authority of the said Court;

1(k) who forges, counterfeits, or fraudulently alters the seal or signature of any person authorized by or under the Commissioners for Oaths Act 1889 (52 Vict. c. 10) to administer an oath, 2 affirmation, or declaration.

ARTICLE 391

FORGERY PUNISHABLE WITH FIVE YEARS PENAL SERVITUDE.

3 Every one commits felony, and is liable upon conviction thereof to five years penal servitude, who

of

4

forges or utters any summons, conviction, order, or warrant, any justice of the peace, or any recognizance purporting to have been entered into before any person authorized to take it, or any examination, deposition, affidavit, affirmation, or solemn declaration taken or made before any justice of the peace.

5

ARTICLE 392.

FALSE ENTRY AS TO COPYRIGHT.

Every one is guilty of a misdemeanor who wilfully makes or causes to be made any false entry in the registry book of the Stationers' Company.

ARTICLE 393.

DEFACING RATE BOOKS.

6 Every person is guilty of a misdemeanor who wilfully injures, defaces, conceals, or destroys a rate book, assessment,

1 52 Vict. c. 10, s. 8.

2 Ibid. s. 11.

3 24 & 25 Vict. c. 98, s. 32.

4 This was originally three years, but was raised to five years by 27 & 28 Vict. c. 47, s. 2; but three years is now the minimum, see 54 & 55 Vict. c. 69, s. 1.

55 & 6 Vict. c. 45, s. 12.

625 & 26 Vict. c. 103, s. 40.

or valuation required to be produced before an assessment committee.

ARTICLE 394.

FORGING BALLOT PAPERS.

1 Every person is guilty of a misdemeanor, and is liable to imprisonment with hard labour for two years, if he is a returning officer or an officer or clerk in attendance at a polling station, or for six months if he is any one else, who

(a.) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the returning officer any nomination paper knowing the same to be forged; or

(b.) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper.

ARTICLE 395.

FORGING TELEGRAMS.

2 Every one commits a misdemeanor, and is liable to imprisonment with hard labour for twelve months, who forges or wilfully and without due authority utters a 3 telegram, or transmits by telegraph as a telegram, or utters as a telegram, any message or communication which he knows not to be a telegram, whether he had or had not an intent to defraud.

ARTICLE 396.

MAKING OR POSSESSION OF PAPER, ETC., FOR FORGING BANK NOTES PUNISHABLE WITH FOURTEEN YEARS PENAL SERVITUDE.

Every one commits felony, and is liable on conviction thereof to fourteen years penal servitude, who does any of

1 35 & 36 Vict. c. 33, s. 3.

2 47 & 48 Vict. c. 76, s. 11; this offence is also punishable summarily, see Oke's Synopsis, p. 632.

3 For the definition of a telegram, see Note (6), p. 92.

the following things without lawful authority or excuse, the proof whereof lies upon him (that is to say):

2

(a.) 1 who purchases or receives from any person, or has in his custody or possession any forged or blank bank-note, knowing it to be forged; or

(b.) 3 who makes, uses, sells, exposes to sale, utters, or knowingly has in his custody or possession any bank-note paper, or

any frame, mould, or instrument for making such

paper, or

who by any art or contrivance causes the numerical sum or amount of any bank-note 5 or blank bank-note in a word or words in Roman letters to appear visible in the substance of the paper whereon the same is written or printed, or

who causes any of the words or marks mentioned in the definition of bank-note paper given in the footnote to appear in the substance of any paper;

6 provided that nothing in this Article is to prevent any person from issuing any bill of exchange or promissory note having the amount thereof expressed in guineas, or in numerical figures denoting the amount thereof in pounds sterling, appearing visible in the substance of the paper upon which the same is written or printed; 7

1 24 & 25 Vict. c. 98, s. 13.

2 "Any forged bank-note, bank bill of exchange, or bank post bill, or blank bank-note, blank bank bill of exchange, or blank bank post bill.” 3 24 & 25 Vict. c. 98, s. 14.

4 Bank-note paper means "any paper whatsoever with the words 'Bank of England,' or 'Bank of Ireland,' or any part of such words intended to resemble and pass for the same, visible in the substance of the paper, or any paper with curved or waving bar lines, or with the laying wire lines thereof, in a waving or curved shape, or with any number, sum, or amount expressed in a word or words in Roman letters, appearing visible in the substance of the paper, or with any device or distinction peculiar to, and appearing in, the substance of the paper used by the Governor and Company of the Banks of England and Ireland respectively for any notes, bills of exchange, or bank post bills of such banks respectively."

"Bank-note, bank bill of exchange, or bank post bill, blank banknote," &c. (as before, inserting "blank" before "bank ").

6 24 & 25 Vict. c. 98, s. 15.

7 This probably means "any note in the substance of the paper of which there visibly appear either words or figures expressing the amount in guineas, or figures denoting the amount thereof in pounds sterling."