The Forgery Act 1861 (24 & 25 Vict c 98) is an Act of the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

of the

United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Grea ...

(as it then was). It consolidated provisions related to forgery from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the

Criminal Law Consolidation Acts 1861 The Criminal Law Consolidation Acts 1861 (24 & 25 Vict. cc. 94 – 100) were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify ...

. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the

Forgery Act 1830 The Forgery Act 1830 (11 Geo 4 & 1 Will 4 c 66) was an Act of the Parliament of the United Kingdom. It consolidated into one Act all legislation imposing the death penalty for forgery (except for counterfeiting coins). (It did not apply to Scotl ...

(11 Geo 4 & 1 Will 4 c 66) (and the equivalent Irish Act), incorporating subsequent statutes. Most of it was repealed by the

Forgery Act 1913 The Forgery Act 1913 ( 3 & 4 Geo. 5. c. 27) was an Act of the Parliament of the United Kingdom. It provided a definition of forgery and created several offences of forgery and uttering, while repealing numerous other offences of forgery, thereby ...

, and today forgery is mostly covered by the

Forgery and Counterfeiting Act 1981 The Forgery and Counterfeiting Act 1981 (c 45) is an Act of the Parliament of the United Kingdom which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the Uni ...

and the Identity Documents Act 2010. However three offences under the 1861 Act remain in force today (in sections 34, 36 and 37). These deal with forgery of registers of births, marriages and deaths, and with impersonation of a surety. This Act was repealed for

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

by the

, s.30 & Sch., Pt.I, so far as unrepealed, except ss. 34, 36, 37 & 55. It was repealed in the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...

b
section 3(1)
of, an
Schedule 1
to, the

Criminal Justice (Theft and Fraud Offences) Act 2001 The Criminal Justice (Theft and Fraud Offences) Act, 2001 (No. 50 of 2001) updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland. The main sections of the statute include: *Theft and Related Offences *Makin ...

. Certain kinds of forgery used to be

high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

until this Act downgraded them to

felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

. The Act does not apply to Scotland.

As to forging Her Majesty's Seals

Section 1 - Forging the Great Seal, Privy Seal, etc. This section made it a

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

to forge the great seal, privy seal, the

Royal sign manual The royal sign-manual is the signature of the sovereign, by the affixing of which the monarch expresses his or her pleasure either by order, commission, or warrant. A sign-manual warrant may be either an executive act (for example, an appointmen ...

etc.. This had previously been

under the

. The 1861 Act reduced the penalty from death to penal servitude for life. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. It was however replaced with section 5 of that Act, which made similar provision.

As to forging transfers of stock etc

Section 2 - Forging transfer of certain stock, and power of attorney relating thereto This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 3 - Personating the owner of certain stock, and transferring or receiving or endeavouring to transfer or receive the dividends This section was repealed by section 33(3) of, and Part I of the Schedule 3 to, the

Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...

. Section 4 - Forging attestation to power of attorney for transfer of stock etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 5 - Making false entries in the books of the public funds This section was repealed by the

. Section 6 - Clerks of the Bank making out false dividend warrants This section was repealed by the

As to forging India bonds

Section 7 - Forging an East India Bond This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging exchequer bills etc

Section 8 - Forging exchequer bills, bonds and debentures etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 9 - Making plates etc. in imitation of those used for exchequer bills etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 10 - Making paper in imitation of that used for exchequer bills etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 11 - Having in possession paper, plates or dies to be used for exchequer bills This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging bank notes

Section 12 - Forging a bank note etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 13 - Purchasing or receiving or having forged bank notes This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to making and engraving plates etc for bank notes etc

Section 14 - Making or having mould for making paper with the words "Bank of England" or "Bank of Ireland" or with curved bar lines etc., or selling such paper This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 15 - Proviso as to paper used for bills of exchange etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 16 - Engraving or having any plate etc. for making notes of Bank of England or Ireland or other banks, or having such plate etc., or uttering or having paper upon which a blank bank note etc. shall be printed This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 17 - Engraving on a plate etc. any word, number or device resembling part of a bank note or bill, or having any such plate etc., or uttering or having any paper on which any such word etc. is impressed This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 18 - Making or having mould for making paper with the name of any banker or making or having such paper This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 19 - Engraving plates for foreign bills or notes, or using or having such plates, or uttering paper on which any part of any such bill or note is printed This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging deeds, wills, bills of exchange, etc

Section 20 - Forging deeds, bonds, etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 21 - Forging wills This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 22 - Forging bills of exchange or promissory notes This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 23 - Forging orders, receipts etc. for money, goods etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 24 - Any person making or accepting any bill, note, etc. by procuration, without lawful authority, or uttering any such bill, note, etc. so made or accepted, with intent to defraud, to be guilty of felony This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 25 - Obliterating crossings on cheques This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 26 - Forging debentures This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging records, process, instruments of evidence etc

Section 27 - Forging proceedings of courts of record or courts of equity This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 28 - Forging copies or certificates of records, process of courts not of record, and using forged process The words from "other than such clerk" to "knowing the same to be forged or" in the last place they occurred, were repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. This section was repealed by the

. Section 29 - Forging instruments made evidence by any Act of Parliament This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging court rolls

Section 30 - Forging court rolls This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging registers of deeds

Section 31 - Forgery as to the registry of deeds This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging orders etc of justices of the peace

Section 32 - Forging orders of justices, recognizances, affidavits etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging the name of the Accountant General etc

Section 33 - Forging name of Accountant General etc. of Court of Chancery in England or Ireland, or of any judge of the Landed Estates Court in Ireland This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to falsely acknowledging recognizances etc

Section 34 - Acknowledging recognizance, bail, cognovit, etc., in the name of another In

, this section now reads: The words omitted in the first place were repealed by the

Statute Law Revision (No. 2) Act 1893 The Statute Law Revision (No. 2) Act 1893 (56 & 57 Vict. c. 54) is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom. This Act was repealed for the United Kingdom by Group 1 oPart IXof Schedule 1 to the Sta ...

. The words omitted at the end were repealed by the Statute Law Revision Act 1892 and the

. This section was repealed in part for

by the Judgements (Enforcement) Act (Northern Ireland) 1969. Other person lawfully authorised See section 1(2) of the

Commissioners for Oaths Act 1889 A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to in ...

. Felony See the

Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...

and the

Criminal Law Act (Northern Ireland) 1967 The Criminal Law Act (Northern Ireland) 1967 (c 18) (NI) is an Act of the Parliament of Northern Ireland. It makes similar provision to the Criminal Law Act 1967 for Northern Ireland. Section 2 This section was repealed barticle 90(2)of, and Pa ...

. Penal servitude See section 1(1) of the

Criminal Justice Act 1948 The Criminal Justice Act 1948 () is an Act of the Parliament of the United Kingdom. Overview It is "one of the most important measures relating to the reform of the criminal law and its administration". It abolished: * penal servitude, har ...

and the

Criminal Justice Act (Northern Ireland) 1953 Criminal Justice Act (with its many variations) is a stock short title used for legislation in Canada, Malaysia, the Republic of Ireland and the United Kingdom relating to the criminal law (including both substantive and procedural aspects of that ...

. Relevant case R v Mackenzie

971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...

1 All ER 729, 55 Cr App R 294, Assizes

As to forging marriage licences

Section 35 - Forging or uttering marriage licence or certificate This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to forging registers of births, marriages and deaths

Section 36 - Destroying, injuring, forging or falsifying registers of births, baptisms, marriages, deaths or burials, or certified copies

This section now provides: The words from "or shall forge" to "or of any part thereof", the words "or shall forge or counterfeit the seal of or belonging to any register office or burial board", the words "or seal", and the words "forged or altered" in both places where they occurred were repealed by section 20 of, and Part I of the Schedule to, the

. The other words omitted were repealed by the Statute Law Revision Act 1892 and the

. The following cases are relevant: *R v Mason (1848) 2 C & K 622, (1848) 175 ERbr>261
*R v Dewitt (1848) 2 C & K 905, (1848
175 ER 380
(1848) 4 Cox CCbr>49
(1848) 14 JP 57 *R v Asplin (1873) 12 Cox 391 "Destroy, deface or injure" See R v Bowen (1844) 1 Den 22, (1844
169 ER 134
(1844) 1 C & K 501, (1844
174 ER 911
"Ireland" The reference to Ireland must now be construed as a reference to

.The

Irish Free State (Consequential Adaptation of Enactments) Order 1923 The Irish Free State (Consequential Provisions) Act 1922 (Session 2) was an Act of the Parliament of the United Kingdom passed on 5 December 1922. The Act dealt with a number of matters concerning the Irish Free State, which was established on ...

(SR & O 1923/405), article 2 (as read with the former section 1 of the

Eire (Confirmation of Agreements) Act 1938 The Eire (Confirmation of Agreements) Act 1938 was an Act of the Parliament of the United Kingdom passed on 17 May 1938. It was the British implementing measure for the 1938 Anglo-Irish Agreements which were signed at London on 25 April 1938 b ...

and sections 1(1) and (3) of the

Ireland Act 1949 The Ireland Act 1949 is an Act of the Parliament of the United Kingdom intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament, the Oireachtas. Background Following the secession of most ...

). "Utter" See R v Heywood (1847) 2 C & K 352, (1847
175 ER 146
"Felony" See the

and the

. "Penal servitude" See section 1(1) of the

and the

Section 37 - Making false entries in registers of baptisms, marriages or burials, directed to be sent to any registrar, or destroying or concealing copies of registers

This section now provides: The words from "or shall forge" to "as aforesaid," in the first place where they occurred, were repealed by section 20 of, and Part I of the Schedule to, the

. The words omitted in the penultimate place and at the end were repealed by Statute Law Revision Act 1892 and the

As to demanding property upon forged instruments

Section 38 - Demanding property upon forged instruments This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

As to other matters

Section 39 - Forging any instrument, however designated, which is in law a will, bill of exchange, etc. This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 40 - Forging, etc., in England or Ireland documents purporting to be made, or actually made, out of England and Ireland; forging, etc., in England or Ireland bills of exchange etc. purporting to be payable out of England or Ireland This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 41 - Forgers etc. may be tried in the county where they are apprehended or are in custody This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 42 - Description of instrument in indictments for forgery This section was repealed for England and Wales by section 9(1) of, and the Second Schedule to, the

Indictments Act 1915 The Indictments Act 1915 (5 & 6 Geo 5. c.90) was an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centu ...

. Section 43 - Description of instrument in indictments for engraving etc. This section was repealed for England and Wales by section 9(1) of, and the Second Schedule to, the

. Section 44 - Intent to defraud particular persons need not be alleged or proved This section was repealed for England and Wales, down to the words "any particular person; and", by section 9(1) of, and the Second Schedule to, the

. This section was repealed by the

. Section 45 - Interpretation as to criminal possession This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 46 - Search for paper or implements employed in any forgery and for forged instruments This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the

. Section 47 - Other punishments substituted for those of the 5 Eliz 1 c 14, which have been adopted in other Acts This section was repealed by section 10(2) of, and Part I of Schedule 3 to, the

. Section 48 - All forgeries which were capital before the 1 Will 4 c 66, and are not otherwise punishable under this Act, shall be punished with penal servitude for life etc. This section was repealed by section 10(2) of, and Part I of Schedule 3 to, the

. Section 49 - Principals in the second degree and accessories. Abettors in Misdemenours.' This section was repealed by section 10(2) of, and Part III of Schedule 3 to, the

. Section 50 - Offences committed within the jurisdiction of the Admiralty The words "deemed to be offences of the same nature, and" and the words from "and may be dealt with" onwards were repealed by section 10(2) of, and Part III of Schedule 3 to, the

. This section was repealed by the

. Section 51 - Fine and sureties for keeping the peace; in what cases The words "fine the offender, and to", and the words from "and in all cases of felonies" to "authorized" in the next place it occurred, were repealed by section 10(2) of, and Part III of Schedule 3 to, the

. This section was repealed by section 8(2) of, and Part II of Schedule 5 to, the

Justices of the Peace Act 1968 A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility a ...

. Section 52 - Hard labour This section was repealed by the

. Section 53 - Solitary confinement This section was repealed by the Statute Law Revision Act 1892. Section 54 - The costs of the prosecution of misdemeanour against this Act may be allowed This section was repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908. Section 55 - Act not to extend to Scotland Section 56 - Commencement of the Act This section was repealed by the Statute Law Revision Act 1892.

References

External links

The Forgery Act 1861
as amended from the National Archives.
The Forgery Act 1861
as originally enacted from the National Archives. *List of repeals and amendments in the Republic of Ireland from th
Irish Statute Book
{{English criminal law navbox 1861 in law English criminal law United Kingdom Acts of Parliament 1861 Forgery

As to forging Her Majesty's Seals

As to forging transfers of stock etc

As to forging India bonds

As to forging exchequer bills etc

As to forging bank notes

As to making and engraving plates etc for bank notes etc

As to forging deeds, wills, bills of exchange, etc

As to forging records, process, instruments of evidence etc

As to forging court rolls

As to forging registers of deeds

As to forging orders etc of justices of the peace

As to forging the name of the Accountant General etc

As to falsely acknowledging recognizances etc

As to forging marriage licences

As to forging registers of births, marriages and deaths

Section 36 - Destroying, injuring, forging or falsifying registers of births, baptisms, marriages, deaths or burials, or certified copies

Section 37 - Making false entries in registers of baptisms, marriages or burials, directed to be sent to any registrar, or destroying or concealing copies of registers

As to demanding property upon forged instruments

As to other matters

See also

References

External links