c. 98) is an act of the Parliament of the United Kingdom of Great Britain and Ireland (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,[2] incorporated with little or no variation in their phraseology.
4. c. 66) (and the equivalent Irish Act), incorporating subsequent statutes.
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.
It was repealed in the Republic of Ireland by section 3(1) of, and Schedule 1 to, the Criminal Justice (Theft and Fraud Offences) Act 2001.
Certain kinds of forgery used to be high treason until this act downgraded them to felonies.
The 1861 Act reduced the penalty from death to penal servitude for life.
It was however replaced with section 5 of that Act, which made similar provision.
Section 4 – Forging attestation to power of attorney for transfer of stock etc.
Section 8 – Forging exchequer bills, bonds and debentures etc.
Section 10 – Making paper in imitation of that used for exchequer bills 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the words "Bank of England" or "Bank of Ireland" or with curved bar lines etc., or selling such paper This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
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so made or accepted, with intent to defraud, to be guilty of felony This section was repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
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The words from "other than such clerk" to "knowing the same to be forged or" in the last place they occurred, were repealed as to England and Ireland by section 20 of, and Part I of the Schedule to, the Forgery Act 1913.
Section 32 – Forging orders of justices, recognizances, affidavits etc.
Section 34 – Acknowledging recognizance, bail, cognovit, etc., in the name of another In England and Wales, this section now reads: The words omitted in the first place were repealed by the Statute Law Revision (No.
Other person lawfully authorised See section 1(2) of the Commissioners for Oaths Act 1889 (52 & 53 Vict.
Section 39 – Forging any instrument, however designated, which is in law a will, bill of exchange, etc.
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 Criminal Law Act 1967.
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 Criminal Law Act 1967.