as aforesaid, or by any other offence of the same nature against the A.D. 1878. law in force at the time, within twelve months of the time when the offence was committed by which the property was obtained for receiving which the defendant is being tried. This fact may be 5 proved at any stage of the proceedings at which evidence may be given for the prosecution. (b.) The fact that within five years of the time when the property in respect of which he is being proceeded against was found in the defendant's possession he was convicted of any offence 10 involving fraud or dishonesty. Such evidence may not be given unless 15 20 (i.) Seven days notice in writing has been given to the defendant (ii.) Evidence has previously been given that the property in SECTION 228. RECEIVING WHEN COMPLETE. The act of receiving referred to in the last section is complete as soon as the offender obtains from the person from whom he receives it control over the thing received. Things obtained as aforesaid cease to be so obtained as soon as they come into the possession of any person lawfully entitled to be 25 in possession of them. 30 SECTION 229. CORRUPTLY TAKING REWARD FOR RESTITUTION OF GOODS. Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to seven years penal servitude, Who corruptly takes any money or reward, directly or indirectly, under pretence or upon account of helping any person to anything whatsoever unlawfully obtained as aforesaid, unless he uses all due diligence to cause the offender to be brought to trial for the same. Provided that no person shall be liable to any greater punishment 35 for this offence than he would have been liable to if he had committed the offence by which the thing was obtained. A.D. 1878. CHAPTER XXXII. FORGERY. SECTION 230. A FALSE DOCUMENT DEFINED. A false document is a document which, taken as a whole, purports 5 to be what it is not, or to have an operation which it has not, or which is so framed that any person intended to act upon it would reasonably believe it to be what it is not, or to have an operation that it has not. SECTION 231. MAKING A FALSE DOCUMENT. The expression "making a false document" means (a.) The act of making the whole or any false part of any document, the whole or any part of which is false within the meaning of the provisions herein-before contained: (b.) The act of altering a genuine document in any material particular by any means whatever. Every genuine document so altered is a false document within the meaning of this section. 10 15 (c.) The act of making material additions or omissions in the preparation of a genuine document, so as to procure the execution of 20 a document materially different from that which was intended to be executed. Every document so prepared is a false document, within the meaning of this section. Forgery is the act of making a false document with an intent to defraud or injure the public or any person. or to pervert the course of justice, or to defeat or evade the provisions of any law. This expression means an intent, either absolute or conditional, that the false document should be used in such a way as unlawfully 30 to cause one of the consequences aforesaid or a risk of its occur rence, whether any such consequence was or was not possible in fact; and whether or not the offender when he made the false document thought of the probability that any such consequence or a risk of 35 its occurrence would be caused by the use to be made of the false document; 5 10 15 20 25 30 35 and whether or not the offender knew or had the means of knowing A.D. 1878. the particular manner in which, or the particular person with respect to whom, such consequence or the risk of its occurrence would or might be caused; 40 and although he may have hoped that such consequence would not follow and may have prevented or endeavoured to prevent it from following. Every false document made with any such intent as aforesaid is herein-after designated a forged document. SECTION 233. PUNISHMENT OF FORGERY. Every person who commits forgery shall be guilty of an indictable offence, (a.) Every such offender shall be liable to penal servitude for life: (ii.) If the false document is or purports to be a will, codicil, or (iii.) If the false document is or purports to be a valuable (iv.) If the false document is an entry relating to any birth, (v.) If the false document is a stamp required by law to be im- (b.) Every such offender shall be liable to penal servitude for fourteen years: (i.) If the false document is or purports to be made under any or, (ii.) If the false document is or purports to be made by any officer A.D. 1878. cashier or other officer or clerk of the Governor or Company of the Bank of England or Ireland; (c.) Every such offender shall be liable to penal servitude for seven years in all other cases for which no specific punishment is provided by any Act of Parliament in force for the time being. SECTION 234. DRAWING BILLS, &c. WITHOUT AUTHORITY. 5 Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to fourteen years penal servitude, who, without lawful authority or excuse, makes or executes, draws, signs, 10 accepts, or endorses in the name or on the account of another person by procuration or otherwise any document for forging which the offender would be liable to penal servitude for life, or makes use of or alters any such document, knowing it to be so made, executed, signed, accepted, or endorsed. Everyone shall be SECTION 235. USING FORGED DOCUMENTS. 15 guilty of an indictable offence who, with intent to defraud, injure, or pervert the course of justice, uses, attempts to use, utters, sells, or exposes to sale, or acts, or causes or attempts 20 to cause any person to act, under, upon, or by virtue or on the faith of any forged document, knowing it to be forged. Every such offender shall be liable upon conviction to the same punishment as if he had forged that document with the intent with which he used or attempted to use it, or otherwise acted with respect to it. SECTION 236. 25 USING PROBATE, &C. OBTAINED BY FORGERY OR FALSE OATHS. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to fourteen years penal servitude, who— (a.) Demands, receives, obtains, or causes or procures to be deli- 30 vered or paid to any person any thing whatever, under, upon, or by virtue of any probate or letters of administration, knowing that the will, codicil, or testamentary writing on which such probate or letters of administration were obtained to be forged, or knowing the probate or letters of administration to have been obtained by any 35 false oath, affirmation, or affidavit; or (b.) Endeavours to do any such thing. 5 CHAPTER XXXIII. PREPARATIONS FOR FORGERY AND OFFENCES SECTION 237. BANK NOTE, BANK NOTE PAPER, EXCHEQUER BILL PAPER. In this chapter the following words are used in the following senses: The word "bank note" includes all valuable securities or negotiable instruments issued by any person or persons, body corporate, or 10 company carrying on the business of banking in any part of the world, or issued by the authority of any foreign prince or state or government, or any governor or other authority lawfully authorised thereto in any of Her Majesty's dominions beyond the seas, and intended to be used as equivalent to or as a substitute for money 15 either immediately upon their issue or at some time subsequent thereto. The expression "Exchequer bill" includes Exchequer bonds and debentures. The expression "bank note paper" means any paper made for the 20 purpose of being made into bank notes, and fitted for that purpose either by water marks, laying wire lines, bar lines, threads, colours, or other distinguishing marks in the structure of the paper itself, or by words, numbers, devices, characters, ornaments, colours, or other distinguishing marks impressed upon the paper. 25 The expression "Exchequer bill paper" means any paper provided by or under the directions of the Commissioners of Inland Revenue or of the Treasury for the purpose of being used as Exchequer bills before such paper is duly stamped, signed, and issued for public use. SECTION 238. 30 UNAUTHORISED DEALING WITH BANK NOTE PAPER AND FORGED BANK NOTES. 35 Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for fourteen years, who without lawful authority or excuse (the proof whereof shall lie upon him)— (a.) Makes, uses, sells, exposes to sale, or knowingly has in his custody or possession,- (i.) Any bank note paper or Exchequer bill paper; A.D. 1878. |