Forgery Act 1830 Explained

Short Title:Forgery Act 1830
Type:Act
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.
Year:1830
Citation:11 Geo. 4 & 1 Will. 4. c. 66
Territorial Extent:United Kingdom
Royal Assent:23 July 1830
Commencement:21 July 1830
Amends:See
Replaces:See
Amendments:Criminal Statutes Repeal Act 1861
Millbankhansard:https://hansard.parliament.uk/search?startDate=1830-01-01&endDate=1831-01-01&searchTerm=%22Forgery%20Bill%22&partial=False&sortOrder=1
Original Text:https://books.google.com/books?id=eK5qQAEWLiYC&pg=PA403#v=onepage&q&f=false
Legislation History:https://hansard.parliament.uk/search?startDate=1830-01-01&endDate=1831-01-01&searchTerm=%22Forgery%20Bill%22&partial=False&sortOrder=1

The Forgery Act 1830 (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. 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) abolished the death penalty for the remaining offences.

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In the United Kingdom, acts of Parliament remain in force until expressly repealed.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]

In 1806, the Commission on Public Records passed a resolution requesting the production of a report on the best mode of reducing the volume of the statute book.[2] From 1810 to 1825, The Statutes of the Realm was published, providing for the first time the authoritative collection of acts. In 1816, both Houses of Parliament, passed resolutions that an eminent lawyer with 20 clerks be commissioned to make a digest of the statutes, which was declared "very expedient to be done." However, this was never done.[3]

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.[4]

In 1822, Sir Robert Peel entered the cabinet as home secretary and in 1826 introduced a number of reforms to the English criminal law, which became known as Peel's Acts. This included efforts to modernise, consolidate and repeal provisions from a large number of earlier statutes, including:[5]

In 1827, several acts were passed for this purpose, territorially limited to England and Wales and Scotland, including:

In 1828, parallel bills for Ireland to Peel's Acts were introduced, becoming:[6]

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 statutes 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 statutes 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) the Offences Against the Person Act 1828 (9 Geo. 4. c. 31).

Passage

In 1830, several petitions were made to Parliament of the United Kingdom to abolish the death penalty in relation to offences of forgery:[7]

Leave to bring in the Forgeries Punishment Bill was granted to the home secretary Sir Robert Peel, the Attorney General, James Scarlett, and the Solicitor General, Sir Edward Sugden, and the Bill had its first reading in the House of Commons on 1 April 1830. On 8 April 1830, the House of Commons ordered that an address be presented to King George IV by the Privy Council providing the number of people executed for forgery in the previous ten years and the nature of their offences. This address was reported on 11 May 1830 and was presented by Sir William Peel on 17 May 1830. A similar address for Ireland was ordered on 18 May 1830, for the Bank of England was returned on 21 May 1830 and for Scotland on 26 May 1830, presented by Sir William Peel . The Bill had its second reading in the House of Commons on 26 April 1830 and was committed to a Committee of the Whole House, which met on 24 May 1830. The debate centred around the abolition of the death penalty for the offence of forgery and an amendment to do so was defeated by a majority of 16.[9] The Committee reported on 25 May 1830, with amendments. The Bill had its third reading in the House of Commons on 8 June 1830.

The Bill had its first reading in the House of Lords on 10 June 1830.[10] The Bill had its second reading in the House of Lords on 1 July 1830 and was committed to a Committee of the Whole House, which met on 1 July 1830 and reported on 2 July 1830, with amendments. The amended Bill was considered by the House of Lords on 5 July 1830 and was re-committed to a Committee of the Whole House, which met on 5 July 1830 and reported on 9 July 1830, with amendments. A Motion to re-commit the Bill due to the continuation of the death penalty for offences of forgery was rejected on 13 July 1830 and the Bill had its third reading in the House of Lords on 13 July 1830.

The amended Bill was considered and agreed to by the House of Commons on 20 July 1830.

The Bill was granted royal assent on 23 July 1830.

Provisions

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

This section replaced the corresponding provisions in the Treason Act 1351 and the Treason (No. 2) Act 1553 (1 Mar. Sess. 2. c. 6).[11] (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

This section read:

Nothing contained in the Criminal Statutes Repeal Act 1861 (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.[12]

The words "and be it enacted" were repealed by section 1 of, and the Schedule to, the Statute Law Revision (No. 2) Act 1888 (51 & 52 Vict. c. 57).[13]

This section 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.

Legacy

Subsequent developments

At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform.

In 1854, Lord Cranworth appointed the Royal Commission for Consolidating the Statute Law to consolidate existing statutes and enactments of English law. The Commission made four reports. Recommendations made by the Commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 & 20 Vict. c. 64).

On 17 February 1860, the Attorney General, Sir Richard Bethell told the House of Commons that he had engaged Sir Francis Reilly and A. J. Wood to expurgate the statute book of all acts which, though not expressly repealed, were not in force, working backwards from the present time.

In 1861, bills were introduced to consolidate and modernise the criminal law, drafted by Charles Sprengel Greaves across:[14]

In 1861, the Criminal Law Consolidation Acts were passed:

Repealed acts

The territorial terms of the act led to several acts being for the avoidance of doubt for Scotland and Ireland repealed by later Statute Law Revision Acts, including:

Repeal

This act was adopted in New South Wales by section 1 of the act 4 Will. 4 No 4.[18]

The whole act, except for 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. c. 28).[19]

The words " marriage " and " or of the parties married " in section 21 of the act were repealed by section 79(1) of, and the fifth schedule to, the Marriage Act 1949 (12, 13 & 14 Geo. 6. c. 76).

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.

As to trial of offences under this act at quarter sessions, see section 17 of the Central Criminal Court Act 1834 (4 & 5 Will 4. c 36).[20]

Repealed acts

Section 31 of the act repealed 27 acts, listed in that section, for England and Wales, to take effect on 20 July 1830. 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.

CitationShort titleDescriptionExtent of repeal
Treason Act 1351A Statute made in the Twenty-fifth Year of the Reign of King Edward the ThirdAs relates to counterfeiting the King's Great or Privy Seal.
1 Mar. Sess. 2. c. 6Treason (No. 2) Act 1553An 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. 14Forgery Act 1562An 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. 26Fines and Recoveries Act 1623An 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. 4Special Bail Act 1692An 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. 3Bank of England Act 1696An 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. 21Treason Act 1708An 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. 22National Debt (No. 3) Act 1721An 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. 32Suitors of Court of Chancery Act 1725An 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. 25Perjury Act 1728An 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. 22Bristol Roads Act 1730An 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. 13Bank of England Act 1741An 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. 22Supply, etc. Act 1755An 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. 25National Debt (No. 2) Act 1763An 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. 79Bank of England Notes Act 1773An 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. 18Forgery Act 1778An 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. 43County Palatine of Chester Act 1787An 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. 30Forgeries and Frauds in Bank Transfers Act 1793An 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.
37 Geo. 3. c. 122Forgery Act 1797An 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.
41 Geo. 3. (U.K.). c. 39Forgery of Banknotes Act 1801An 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.
41 Geo. 3. c. 57Bank Notes Forgery Act 1801An 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.
43 Geo. 3. c. 139Forgery of Foreign Bills Act 1803An 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. 89Bank Notes (Forgery) Act 1805An 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.
48 Geo. 3. c. 1Issue and Payment of Exchequer Bills Act 1808An 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. 138Counterfeiting Tokens, etc. Act 1812An 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.
52 Geo. 3. c. 146Parochial Registers Act 1812An 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. 76Marriage Act 1823An 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

References

External links

Notes and References

  1. Farmer . Lindsay . 2000 . Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45 . Law and History Review . 18 . 2 . 397–425 . 10.2307/744300 . 744300 . 0738-2480.
  2. Book: Ilbert, Courtenay . Courtenay Ilbert . Legislative methods and forms . . 1901 . Oxford . 57 . en . 9 September 2024.
  3. Consolidation Bills. Parliament of the United Kingdom. House of Lords. 5 June 1967. 283. 179. Gerald Gardiner, Baron Gardiner.
  4. Book: John Nicholls Booth . Booths in history: Their roots and lives, encounters, and achievements . Ridgeway Press . 1982 . 978-0943230009 . 27 October 2024.
  5. Book: Britain, Great . The Statutes of the United Kingdom of Great Britain and Ireland [1827- |publisher=H.M. statute and law printers |year=1829 |pages=436 |language=en].
  6. Book: Companion to the Almanac, Or Yearbook of General Information for .... . 1835 . 161 . en.
  7. Book: Commons, Great Britain House of . Journals of the House of Commons . 1830 . 85 . 172; 184; 188; 200; 228; 236; 246; 249; 271; 276; 284; 330; 333; 336; 347; 352; 360; 367; 381; 395; 397; 401; 410; 411–412; 416; 422; 435; 436; 437; 439; 446; 450; 457–458; 463; 472; 476; 485; 497; 504; 512; 519; 527; 531; 534; 541; 558; 578; 614; 640; 648; 651; 657 . en . 27 October 2024.
  8. Forgery. Parliament of the United Kingdom. House of Commons. 3 May 1830. 24. 328. 329.
  9. Forgeries' Punishment Bill. Parliament of the United Kingdom. House of Commons. 24 May 1830. 24. 1031. 1060.
  10. Book: Lords, Great Britain House of . Journals of the House of Lords . 1830 . 62 . 650; 694; 696; 697; 708; 713–714; 724; 726; 735; 739–740; 751–753; 758–759; 765; 770; 772; 778; 780; 789–790; 804; 809; 810; 844; 849; 852; 864; 871–872; 909; 917 . en . 27 October 2024.
  11. Book: Britain, Great . Statutes at Large ...: (29 v. in 32) Statutes or the United Kingdom, 1801-1806; [1807-1832 |date=1830 |pages=403 |language=en].
  12. 24 & 25 Vict. c. 95, section 4
  13. The Statute Law Revision (No. 2) Act 1888, section 1 and Schedule
  14. Book: Britain, Great . Statutes at Large ...: (37 v.) A collection of the public general statutes, 1833-1869 . 1861 . 454 . en.
  15. Book: Parliamentary Bills &c . 1861 . Ordered to be printed . en.
  16. Book: Commons, Great Britain Parliament House of . Public Bills . 1870 . en.
  17. Book: Commons, Great Britain Parliament House of . Public Bills . 1872 . en.
  18. Book: Wales, New South . A Collection of Statutes Affecting New South Wales: Containing All the Statutes of Practical Utility, to the Present Time . 1861 . Sands and Kenny . en.
  19. Book: Zealand, New . The Statutes of New Zealand . 1878 . Government Printer, South Africa . en.
  20. Book: Britain, Great . The Statutes of the United Kingdom of Great Britain and Ireland . 1834 . His Majesty's Statute and Law Printers . en.

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