Forgery Act 1830

The Forgery Act 1830^[a] (11 Geo. 4 & 1 Will. 4. c. 66) was an act of the Parliament of the United Kingdom that consolidated for England and Wales all legislation imposing the death penalty for forgery (except for counterfeiting coins) into one act.

Forgery Act 1830^[a]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act for reducing into One Act all such Forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery.
Citation	11 Geo. 4 & 1 Will. 4. c. 66
Introduced by	Sir Robert Peel MP (Commons)
Territorial extent	United Kingdom[b]
Dates
Royal assent	23 July 1830
Commencement	21 July 1830[c]
Repealed	1 January 1979
Other legislation
Amends	See § Repealed enactments
Repeals/revokes	See § Repealed enactments
Amended by	Forgery, Abolition of Punishment of Death Act 1832 Forgery Act 1837 Criminal Statutes Repeal Act 1861 Statute Law Revision Act 1890 Marriage Act 1949
Repealed by	Parochial Registers and Records Measure 1978
Relates to	Criminal Statutes Repeal Act 1827 Criminal Law Act 1827 Larceny Act 1827 Malicious Injuries to Property Act 1827 Remedies against the Hundred Act 1827 Offences Against the Person Act 1828 Criminal Statutes (Ireland) Repeal Act 1828 Criminal Law (India) Act 1828 Offences Against the Person (Ireland) Act 1829 Coinage Offences Act 1832 Forgery, Abolition of Punishment of Death Act 1832 Forgery Act 1837 Accessories and Abettors Act 1861 Criminal Statutes Repeal Act 1861 Larceny Act 1861 Malicious Damage Act 1861 Forgery Act 1861 Coinage Offences Act 1861 Offences Against the Person Act 1861
Status: Repealed
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted

Background

In the United Kingdom, acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book.^[1]

From 1810 to 1825, the The Statutes of the Realm was published, providing the first authoritative collection of acts.^[2]

In 1812, William Booth was the last person to be hanged for forgery in England. A public outcry at the harshness of his sentence resulted in the death penalty in England and Wales being reserved for capital crimes, making Booth the last person in England hanged for a non-capital crime.^[3]

In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to modernise, consolidate and repeal provisions in English criminal law. In 1827, Peel's Acts were passed for this purpose, territorially limited to England and Wales and Scotland:

• The Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27), which repealed for England and Wales over 140 enactments relating to the criminal law.
• The Criminal Law Act 1827 (7 & 8 Geo. 4. c. 28), which modernised the administration of criminal justice.
• The Larceny Act 1827 (7 & 8 Geo. 4. c. 29), which consolidated provisions in the law relating to larceny.
• The Malicious Injuries to Property Act 1827 (7 & 8 Geo. 4. c. 30), which consolidated provisions in the law relating to malicious injuries to property.
• The Remedies against the Hundred Act 1827 (7 & 8 Geo. 4. c. 31)

In 1828, similar provisions were made for Ireland:^[4]

• The Criminal Statutes (Ireland) Repeal Act 1828 (9 Geo. 4. 54), which repealed for Ireland over 140 enactments relating to the criminal law.
• The Criminal Law (Ireland) Act 1828 (9 Geo. 4. 54), which modernised the administration of criminal justice.
• The Larceny (Ireland) Act 1828 (9 Geo. 4. c. 55) which consolidated provisions in the law relating to larceny.
• The Malicious Injuries to Property (Ireland) Act 1828 (9 Geo. 4. c. 56), which consolidated provisions in the law relating to malicious injuries to property.

In 1828, the Offences Against the Person Act 1828 (9 Geo. 4. c. 31) was passed, which consolidated provisions in the law relating to offences against the person and repealed for England and Wales almost 60 enactments relating to the criminal law. In 1829, the Offences Against the Person (Ireland) Act 1829 (10 Geo. 4. c. 34) was passed, which consolidated provisions in the law relating to offences against the person and repealed for Ireland almost 60 enactments relating to the Criminal law.

In 1828, the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74) was passed, which repealed for India offences repealed by the Criminal Statutes Repeal Act 1827 (7 & 8 Geo. 4. c. 27) and the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).

Provisions

Section 2 – Forging the Great Seal, Privy Seal, Privy Signet, Royal Sign Manual etc, treason and capital

Section 2 of the act replaced the corresponding provisions in the Treason Act 1351 (25 Edw. 3 Stat. 5. c. 2) and the 1 Mary Stat 2 c 6. (This form of treason was reduced to felony when section 2 was replaced by the Forgery Act 1861.)

Section 21 – Rector etc not liable to any penalty for correcting, in the mode prescribed, accidental errors in the register

Section 21 of the act read:

Provided always, and be it enacted, That no Rector, Vicar, Curate, or officiating Minister of any Parish, District-Parish, or Chapelry, who shall discover any Error in the Form or Substance of the Entry in the Register of any Baptism, Marriage, or Burial respectively by him solemnized, shall be liable to any of the Penalties herein mentioned if he shall within One Calendar Month after the Discovery of such Error, in the Presence of the Parent or Parents of the Child baptized, or of the Parties married, or in the Presence of Two Persons who shall have attended at any Burial, or in the Case of the Death or Absence of the respective Parties aforesaid, then in the Presence of the Churchwardens or the Chapelwardens, correct the Entry which shall have been found erroneous, according to the Truth of the Case, by Entry in the Margin of the Register wherein such erroneous Entry shall have been made, without any Alteration or Obliteration of the original Entry, and shall sign such Entry in the Margin, and add to such Signature the Day of the Month and Year when such Correction shall be made; and such Correction and Signature shall be attested by the Parties in whose Presence the same are directed to be made as aforesaid: Provided also, that in the Copy of the Register which shall be transmitted to the Registrar of the Diocese, the said Rector, Vicar, Curate or officiating Minister shall certify the Corrections so made by him as aforesaid.

Nothing contained in the Act 24 & 25 Vict c 95 in any manner altered or affected any power or authority given by this section to alter or amend any register of births, baptisms, marriages, deaths or burials.^[5]

Subsequent developments

Two years later, the Forgery, Abolition of Punishment of Death Act 1832 (2 & 3 Will. 4. c. 123) abolished the death penalty for most of these offences.

The Forgery Act 1837 (7 Will. 4. & 1 Vict. c 84) later abolished the death penalty for the remaining offences.

The words "and be it enacted" in section 21 of the act were repealed by section 1 of, and the schedule to, the Statute Law Revision (No. 2) Act 1888 (51 & 52 Vict. c. 57).

As to trial of offences under the act at quarter sessions, see section 17 of the Central Criminal Court Act 1834 (4 & 5 Will 4 c 36).^[6]

The act was adopted in New South Wales by section 1 of the act 4 Will 4 No 4.^[7]

The whole act, except section 21, was repealed on 1 November 1861 by section 1 of, and the schedule to, the Criminal Statutes Repeal Act 1861 (24 & 25 Vict. c. 95).

The whole act, except section 21, was repealed as to New Zealand by section 3 of, and the first part of the schedule to, the Repeals Act 1878 (42 Vict No 28).^[8]

Section 21 of the act was repealed by section 26(2) of, and schedule 4 to, the Parochial Registers and Records Measure 1978 (No. 2). It is replaced by section 4 of that measure.

The whole act was repealed for the Republic of Ireland by sections 2 and 3 and part 4 of schedule 2 to the Statute Law Revision Act 2007.

Repealed enactments

Section 31 of the act repealed 27 enactments, listed in that section, for England and Wales, to take effect on 20 July 1830.^[9] Section 31 of the act provided that for offenses and other matters committed or done before 20 July 1830, that were previously punishable by death, the new punishment options were transportation "beyond the Seas" (likely to colonies) for life or a term not less than 7 years, or Imprisonment with or without hard labor for between 2 and 4 years.^[9]

Citation	Short title	Title	Extent of repeal
25 Edw. 3. stat. 5. c. 2	Treason Act 1351	A Statute made in the Twenty-fifth Year of the Reign of King Edward the Third	As relates to counterfeiting the King's Great or Privy Seal.
1 Mar. Sess. 2. c. 6	Treason (No. 2) Act 1553	An Act passed in the first Year of the Reign of Queen Mary, intituled An Act that the counterfeiting of strange Coins being current within this Realm, the Queen's Highness' Sign Manual, Signet, or Privy Seal, be adjudged Treason.	As relates to forging or counterfeiting the Queen's Sign Manual, Privy Signet, or Privy Seal.
5 Eliz. 1. c. 14	Forgery Act 1562	An Act passed in the fifth Year of the Reign of Queen Elizabeth, intituled An Act against Forgers of false Deeds and Writings.	The whole.
21 Jas. 1. c. 26	Fines and Recoveries Act 1623	An Act passed in the Twenty-first Year of the Reign of King James the First, intituled An Act against such as shall levy any Fine, suffer any Recovery, acknowledge any Statute, Recognizance, Bail, or Judgment in the Name of any other Person or Persons not being privy and consenting thereto.	The whole.
4 Will. & Mar. c. 4	Special Bail Act 1692	An Act passed in the Fourth Year of the Reign of King William and Queen Mary, intituled An Act for taking Special Bails in the Country upon Actions and Suits depending in the Courts of King's Bench, Common Pleas, and Exchequer at Westminster.	As relates to any Offence thereby made Felony. I.e., section 4.
8 & 9 Will. 3	Bank of England Act 1696	An Act passed in the Eighth and Ninth Years of the Reign of King William the Third, intituled An Act for making good the Deficiencies of several Funds therein mentioned, and for enlarging the Capital Stock of the Bank of England, and for raising the Public Credit.	As relates to forging or counterfeiting the Common Seal of the Governor and Company of the Bank of England, or any sealed Bank Bill, or any Bank Note, or altering or raising any Indorsement on any Bank Bill or Note. I.e., section 36.
7 Ann. c. 21	Treason Act 1708	An Act passed in the Seventh Year of the Reign of Queen Anne, intituled An Act for improving the Union of the Two Kingdoms.	As relates to counterfeiting Her Majesty's Seals, appointed by the Twenty-fourth Article of the Union to be kept, used, and continued in Scotland. I.e., section 9.
8 Geo. 1. c. 22	National Debt (No. 3) Act 1721	An Act passed in the Eighth Year of the Reign of King George the First, intituled An Act to prevent the Mischiefs by forging Powers to transfer such Stocks or to receive such Annuities or Dividends as are therein mentioned, or by fraudulently personating the true Owners thereof; and to rectify Mistakes of the late Managers for taking Subscriptions for increasing the Capital Stock of the South Sea Company, and in the Instrument founded thereupon.	As relates to any Forgery or other capital Felony therein mentioned. I.e., section 1.
12 Geo. 1. c. 32	Suitors of Court of Chancery Act 1725	An Act passed in the Twelfth Year of the same Reign, intituled An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery, and to prevent the counterfeiting of East India Bonds and Indorsements thereon, as likewise Indorsements on South Sea Bonds.	As relates to any Person who shall forge or counterfeit, or procure to be forged or counterfeited, or wilfully act or assist in forging or counterfeiting, any Bond or Obligation of the East India Company, or any Indorsement or Assignment thereon, or on any Bond or Obligation of the South Sea Company, or shall utter or publish the same knowing the same to be forged or counterfeited. I.e., section 9.
2 Geo. 2. c. 25	Perjury Act 1728	An Act passed in the Second Year of the Reign of King George the Second, intituled An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury, and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money.	Except so far as relates to Perjury and Subornation of Perjury. I.e., except section 2.
7 Geo. 2. c. 22	Bristol Roads Act 1730	An Act passed in the Seventh Year of the same Reign, intituled An Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accountable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods.	The whole.
15 Geo. 2. c. 13	Bank of England Act 1741	An Act passed in the Fifteenth Year of the same Reign, intituled An Act for establishing an Agreement with the Governor and Company of the Bank of England for advancing the Sum of One million six hundred thousand Pounds towards the Supply for the Service of the Year One thousand seven hundred and forty-two.	As relates to any Person who shall forge, counterfeit, or alter any Bank Note or other Matter specified in the said Act, or shall knowingly offer, dispose of, or put away such forged, counterfeit, or altered Note or other Matter, or knowingly demand the Money therein contained or pretended to be due thereon, or any Part thereof, as in the said Act is mentioned. I.e., section 11.
31 Geo. 2. c. 22	Supply, etc. Act 1755	An Act passed in the Thirty-first Year of the same Reign, intituled An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions by Annuities and a Lottery, to be charged on the said Rates and Duties.	As relates to any Forgery or other capital Felony therein mentioned. I.e., sections 77 and 78.
4 Geo. 3. c. 25	National Debt (No. 2) Act 1763	An Act passed in the Fourth Year of the Reign of King George the Third, intituled An Act for establishing an Agreement with the Governor and Company of the Bank of England for raising certain Sums of Money towards the Supply for the Service of the Year One thousand seven hundred and sixty -four; and for more effectually preventing the forging Powers to transfer such Stock or receive such Dividends or Annuities as are therein mentioned, and the fraudulent personating the Owners thereof.	As relates to any Forgery or other capital Felony therein mentioned. I.e., section 15.
13 Geo. 3. c. 79	Bank of England Notes Act 1773	An Act passed in the Thirteenth Year of the same Reign, intituled An Act for the more effectual preventing the forging of the Notes or Bills of the Governor and Company of the Bank of England, and for the preventing the obtaining a false Credit by the Imitation of the Notes or Bills of the said Governor and Company.	The whole.
18 Geo. 3. c. 18	Forgery Act 1778	An Act passed in the Eighteenth Year of the same Reign, intituled An Act to explain an Act passed in the Seventh Year of the Reign of His late Majesty King George the Second, intituled An "Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accountable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods".	The whole.
27 Geo. 3. c. 43	County Palatine of Chester Act 1787	An Act passed in the Twenty-seventh Year of the Reign of King George the Third, intituled An Act for taking and swearing Affidavits to be made use of in the Court of Session of the County Palatine of Chester, and for taking of Special Bail in Actions and Suits depending in the same Court.	As relates any Offence thereby made Felony. I.e., section 4.
33 Geo. 3. c. 30	Forgeries and Frauds in Bank Transfers Act 1793	An Act passed in the Thirty-third Year of the Reign of King George the Third, intituled An Act for the better preventing Forgeries and Frauds in the Transfers of the several Funds transferrable at the Bank of England.	The whole.[d][10]
37 Geo. 3. c. 122	Forgery Act 1797	An Act passed in the Thirty-seventh Year of the same Reign, intituled An Act for the better preventing the forging or counterfeiting the Names of Witnesses to Letters of Attorney or other Authorities, or Instruments for the Transfer of Stocks or Funds which now are, or by any Act or Acts of Parliament shall hereafter be made transferrable at the Bank of England, or for the Transfer of any Part of the Capital Stock of the Governor and Company of the Bank of England, called Bank Stock, or for the Transfer of any Part of the Capital Stock, or any Stocks or Funds under the Management of the South Sea Company, or for the Transfer of any Part of the Capital Stock of the East India Company, or for the Receipt of Dividends upon any of such Stocks or Funds.	The whole.[e][11]
41 Geo. 3. (U.K.). c. 39	Forgery of Banknotes Act 1801	An Act passed in the Forty-first Year of the same Reign, intituled An Act for the more effectually preventing the Forgery of Bank Notes, Bank Bills of Exchange, and Bank Post Bills.	The whole.[f][12]
41 Geo. 3. c. 57	Bank Notes Forgery Act 1801	An Act passed in the same Year, intituled An Act for the better Prevention of the Forgery of the Notes and Bills of Exchange of Persons carrying on the Business of Bankers.	The whole.[g]
43 Geo. 3. c. 139	Forgery of Foreign Bills Act 1803	An Act passed in the Forty-third Year of the same Reign, intituled An Act for preventing the forging and counterfeiting of Foreign Bills of Exchange, and of Foreign Promissory Notes and Orders for the Payment of Money; and for preventing the counterfeiting of Foreign Copper Money.	As in anywise relates to any Foreign Bill of Exchange, or Foreign Promissory Note, Undertaking, or Order for the Payment of Money.
45 Geo. 3. c. 89	Bank Notes (Forgery) Act 1805	An Act passed in the Forty-fifth Year of the same Reign, intituled An Act to alter and extend the Provisions of the Laws now in force for the Punishment of the Forgery of Bank Notes, Bills of Exchange, and other Securities, to every Part of Great Britain.	The whole.[h]
48 Geo. 3. c. 1	Issue and Payment of Exchequer Bills Act 1808	An Act passed in the Forty-eighth Year of the same Reign, intituled An Act for regulating the issuing and paying off of Exchequer Bills.	As relates to any Forgery or other capital Felony therein mentioned.
52 Geo. 3. c. 138	Counterfeiting Tokens, etc. Act 1812	An Act passed in the Fifty-second Year of the same Reign, intituled An Act for the further Prevention of the counterfeiting of Silver Tokens issued by the Governor and Company of the Bank of England, called Dollars, and of Silver Pieces issued and circulated by the said Governor and Company, called Tokens; and for the further Prevention of Frauds practised by the Imitation of the Notes or Bills of the said Governor and Company.	The whole.[i]
52 Geo. 3. c. 146	Parochial Registers Act 1812	An Act passed in the same Year, intituled An Act for the better regulating and preserving Parish and other Registers of Births, Baptisms, Marriages, and Burials in England.	As relates to any Felony therein mentioned. I.e. section 146
4 Geo. 4. c. 76	Marriage Act 1823	An Act passed in the Fourth Year of the Reign of His late Majesty King George the Fourth, intituled An Act for amending the Laws respecting the Solemnization of Marriages in England.	As relates to any Person who shall knowingly and wilfully insert in the Register Book any false Entry of any Matter relating to any Marriage, or shall falsely make, alter, forge, or counterfeit any such Entry in the Register, or any Licence of Marriage, or shall utter or publish as true any false, altered, forgered, or counterfeited Register of Marriage, or a Copy thereof, or any false, altered, forged, or counterfeited Licence of Marriage, knowing such Register or Licence of Marriage respectively to be false, altered, forged , or counterfeited, or shall wilfully destroy any Register Book of Marriages, or any Part thereof, or shall cause or procure or assist in the Commission of any of the said several Offences.

See also

• Forgery Act
• Peel's Acts

Notes

1. The citation of the act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
2. But see section 29.
3. Section 32.
4. This act was wholly repealed by the Statute Law Revision Act 1861 (24 & 25 Vict. c. 101). The notes the Statute Law Revision Act 1861 state "Repealed as to England by 11 Geo. 4. & 1 Will. 4. c.66. s.31. The repeal is expressly so limited, but it may be considered total."
5. This act was wholly repealed by the Statute Law Revision Act 1870 (33 & 34 Vict. c. 69).
6. This act was wholly repealed by the Statute Law Revision Act 1872 (35 & 36 Vict. c. 63). The Notes to the Statute Law Revision Act 1872 state "Repealed as to England by 11 Geo. 4. & 1 Will. 4. c. 66. s. 31. Virtually repealed as to Ireland by 24 & 25 Vict. c. 98. ss. 13-17. Does not apply to Scotland, see 45 Geo. 3. c. 89."
7. This act was wholly repealed by the Forgery and Counterfeiting Act 1981.
8. This act is still in force for the rest of the United Kingdom.
9. This act was wholly repealed for the rest of the United Kingdom by the Coinage Act 1870 (33 & 34 Vict. c. 10).