Forgery Act

Link to law: http://laws.gov.ag/acts/chapters/cap-181.pdf
Published: 1954

Forgery (CAP. 181 1

CHAPTER 181

THE FORGERY ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Definition of "forgery".
4. Forgery of certain documents with intent to defraud.
5. Forgery of certain documents with intent to defraud

or deceive.
6. Passports; forgery; untrue statements.
7. Forgery of documents with intent to defraud or

deceive.
8. Forgery of seals and dies.
9. Uttering.

10. Demanding property on forged documents, etc.
11. Possession of forged documents, seals, and dies.
12. Making or having in possession paper or implements

for forgery.
13. Purchasing or having in possession certain paper

before it has been duly stamped and issued.
14. Punishments.
15. Criminal possession.
16. Search warrants.
17. Form of indictment and proof of intent.
18. Savings.

LAWS OF ANTIGUA AND BARBUDA

Forgery (CAP. 181 3

FORGERY

1. This Act may be cited as the Forgery Act. Short title.

2. In this Act- Interpretation.

"bank note" includes any note or bill of exchange of
the Bank of England, or of any person, body
corporate, or company carrying on the business of
banking in any part of the world, and includes
"bank bill", "bank post bill", "blank bank note",
"blank bank bill of exchange", and "blank bank
post bill";

L 6 currency note7' includes any note legally issued as cur-
rency by or under the authority of the Government
of, or any law in force in, Antigua and Barbuda
or any part of the Commonwealth including any
British protectorate or protected state or any ter-
ritory administered by Her Majesty's Government
in the United Kingdom or by the Government of
any part of the Commonwealth under the
trusteeship system of the United Nations, or of any
foreign state, or of any part or colony or dependency
of any foreign state;

"die'' includes any plate, type, tool, or implement what-
soever, and also any part of any die, plate, type,
tool, or implement, and any stamp or impression
thereof or any part of such stamp or impression;

"document of title to goods" includes any bill of lading,
India warrant, dock warrant, warehouse keeper's
certificate, warrant or order for the delivery or
transfer of any goods or valuable thing, bought or
sold note, or any other document used in the
ordinary course of business as proof of the posses-
sion or control of goods, authorizing or purpor-
ting to authorize, either by endorsement or by

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 181) Forgery

delivery, the possessor of such document to transfer
or receive any goods thereby represented or therein
mentioned or referred to;

"document of title of lands" includes any Crown grant,
certificate of title, deed, map, roll, register, or
instrument in writing being or containing evidence
of the title or any part of the title to any land or
to any interest in or arising out of any land, or
any authenticated copy thereof;

' 6 revenue paper7' means any paper provided by the pro-
per authority for the purpose of being used for
stamps, licences, permits, post office money orders,
or postal orders, or for any purpose whatsoever con-
nected with the public revenue;

" seal" includes any stamp or impression of a seal, or
any stamp or impression made or apparently
intended to resemble the stamp or impression of
a seal, as well as the seal itself;

" stamp" includes a stamp impressed by means of a die
as well as an adhesive stamp;

"Treasury bill" includes Exchequer bill, Exchequer
bond, Exchequer debenture, and War bond;

" valuable security" includes any writing entitling or
evidencing the title of any person to any share or
interest in any public stock, annuity, fund, or debt
of any part of the Commonwealth or of any foreign
state, or in any stock, annuity, fund, or debt of
any body corporate, company, or society, whether
within or without the Commonwealth, or to any
deposit in any bank; and also includes any scrip,
debenture, bill, note, warrant, order, or other
security for the payment of money, or any authority
or request for the payment of money or the delivery
or transfer of goods or chattels, or any accountable
receipt, release, or discharge, or any receipt or other
instrument evidencing the payment of money, or
the delivery of any chattel personal.

LAWS OF ANTIGUA AND BARBUDA

Forgery (CAP. 181

3. (1) For the purposes of this Act, "forgery" is the ?finition of
forgery".

making of a false document in order that it may be used
as genuine, and, in the case of the seals and dies mentioned
in this Act, the counterfeiting of a seal or die; and forgery
with intent to defraud or deceive, as the case may be, is
punishable as in this Act provided.

(2) A document is false within the meaning of this Act i,F2sneent.,,
if the whole or any material part thereof purports to be made
by or on behalf or on account of a person who did not make
it nor authorize its making; or if, though made by or on
behalf or on account of the person by whom or by whose
authority it purports to have been made, the time or place
of making, where either is material, or in the case of a docu-
ment identified by number or mark, the number or any
distinguishing mark identifying the document, is falsely stated
therein, and in particular a document is false-

(a) if any material alteration, whether by addition,
insertion, obliteration, erasure, removal, or otherwise,
has been made therein; or

(6) if the whole or some material part of it pur-
ports to be made by or on behalf of a fictitious or
deceased person; or

(c) if, though made in the name of an existing per-
son, it is made by him or by his authority with the
intention that it should pass as having been made by
some person, real or fictitious, other than the person
who made or authorized it.

(3) For the purposes of this Act-

(a ) it is immaterial in what language a document
is expressed or in what place within or without the Com-
monwealth it is expressed to take effect;

( 6 ) forgery of a document may be complete even
if the document when forged is incomplete, or is not
or does not purport to be such a document as would
be binding or sufficient in law;

(c) the crossing on any cheque, draft on a banker,
post office money order, postal order, coupon, or other
document the crossing of which is authorized or

LAWS OF ANTIGUA AND BARBUDA

CAP. 181) Forgery

recognized by law, shall be a material part of such
cheque, draft, order, coupon, or document;

(6) a document may be a false document not-
withstanding that it is not false in such a manner as
is described in subsection (2).

Forgery of
certain

4. (1) Forgery of the following documents, if com-
documents with mitted with intent to defraud, shall be felony and punishable
intent to with imprisonment for life or for any term-
defraud.

(a) any will, codicil, or other testamentary docu-
ment, either of a dead or of a living person, or any pro-
bate or letters of administration, whether with or without
the will annexed;

(6) any deed or bond, or any assignment at law
or in equity of any deed or bond, or any attestation
of the execution of any deed or bond;

(c) any bank note, or any endorsement on or
assignment of any bank note;

(6) any currency note.

(2) Forgery of the following documents, if committed
with intent to defraud, shall be felony and punishable with
imprisonment for any term not exceeding fourteen years-

(a) any valuable security or assignment thereof or
endorsement thereon, or where the valuable security is
a bill of exchange, any acceptance thereof;

(6) any document of title to lands or any assign-
ment thereof or endorsement thereon;

(c) any document of title to goods or any assign-
ment thereof or endorsement thereon;

(6) any power of attorney or other authority to
transfer any share or interest in any stock, annuity or
public fund of any part of the Commonwealth or of any
foreign state or country, or to transfer any share or
interest in the debt of any public body, company, or
society, Commonwealth or foreign, or in the capital stock
of any such company or society, or to receive any divi-
dend or money payable in respect of such share or

LAWS OF ANTIGUA AND BARBUDA

Forgery (CAP. 181 7

interest, or any attestation of any such power of attorney
or other authority;

( e ) any entry in any book or register which is
evidence of the title of any person to any share or interest
hereinbefore mentioned or to any dividend or interest
payable in respect thereof;

V) any policy of insurance or any assignment
thereof or endorsement thereon;

(g) any charter-party or any assignment thereof.

5 . (1) Forgery of the following documents, if com- Forgery of
certain

mitted with intent to defraud or deceive, shall be felony and documents with
punishable with imprisonment for life or for any term- 2 g : : ; " , T d

Any document whatsoever having thereupon or
affixed thereto the stamp or impression of the Public
Seal, the Great Seal of the United Kingdom, Her
Majesty's Privy Seal, any Privy Signet of Her Majesty,
Her Majesty's Royal Sign Manual, any of Her
Majesty's Seals appointed by the twenty-fourth article
of the Union between England and Scotland to be kept,
used, and continued in Scotland.

(2) Forgery of the following documents, if committed
? with intent to defraud or deceive, shall be felony and

punishable with imprisonment for any term not exceeding
fourteen years-

(a) any register or record of births, baptisms,
namings, dedications, marriages, deaths, burials, or
cremations which now is, or hereafter may be, by law
authorized or required to be kept in Antigua and
Barbuda, relating to any birth, baptism, naming, dedica-
tion, marriage, death, burial, or cremation, or any part
of any such register, or any certified copy of any such
register, or of any part thereof;

( b ) any copy of any register of births, baptisms,
marriages, burials, or cremations directed or required
by law to be transmitted to any registrar or other officer;

(c) any wrapper or label provided by or under the
authority of the Governor-General or the head of any
department of the public service.

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8 CAP. 181) Forgery

(3) Forgery of the following documents, if committed
with intent to defraud or deceive, shall be felony and
punishable with imprisonment for any term not exceeding
seven years-

(a) any official document whatsoever of or belong-
ing to any court of justice, or made or issued by any
Judge, Magistrate, officer, or clerk of any such court;

(6 ) any register or book kept under the provisions
of any law in or under the authority of any court of
justice;

( c ) any certificate, office copy, or certified copy of
any such document, register, or book or of any part
thereof;

(6) any document which any person authorized to
administer an oath under the Commissioners for Oaths
Act is authorized or required by law to make or issue;

( e ) any document made or issued by any public
officer or law officer of the Crown, or any document
upon which by the law or usage at the time in force
any court of justice or any officer might act;

(j) any document or copy of a document used or
intended to be used in evidence in any court of justice
or any document which is made evidence by law;

@) any certificate required by any law for the
celebration of marriage;

( h ) any licence for the celebration of marriage
which may be given by law;

(z] any certificate, declaration, or order under any
law relating to vaccination or to the registration of births
or deaths;

(j) any register book, builder's certificate,
surveyor's certificate, certificate of registry, declaration,
bill of sale, instrument of mortgage, or certificate of mor-

57 & 58 Vict. c.
60

tgage or sale under Part I of the Merchant Shipping
Act, 1894, or any entry or endorsement required by
the said Part of the said Act to be made in or on any
of these documents;

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Fo r p r y (CAP. 181 9

(k) any permit, certificate, or similar document
made or granted by or under the authority of any law
relating to customs;

(I) any certificate of the Commissioner appointed
under and acting in execution of the Income Tax Act;

(m) any certificate or any copy of any register issued
by or under the authority of the Registrar-General and
not otherwise provided for.

6. The forgery of any passport, or the making by any Passports:
forgery; untrue person of a statement which is to his knowledge untrue for statements~

the purpose of procuring a passport, whether for himself or
any other person, shall be a misdemeanour and punishable
with imprisonment for any term not exceeding two years.

7. Forgery of any document which is not made felony Forgery of
documents with under this Act or any other law for the time being in force, intent to defraud

if committed with intent to defraud or deceive, shall be a deceive.
misdemeanour and punishable with imprisonment for any
term not exceeding two years.

8. (1) Forgery of the following seals, if committed with Forgery of seals
and dies. intent to defraud or deceive, shall be felony and punishable

with imprisonment for life or for any term-

(a) the Public Seal, the great Seal of -the United
Kingdom, Her Majesty's Privy Seal, any Privy Signet
of Her Majesty, Her Majesty's Royal Sign Manual,
any of Her Majesty's Seals appointed by the twenty-
fourth article of the Union between England and
Scotland to be kept, used, and continued in Scotland;

( 6 ) the seal of any court of justice.

(2) Forgery of the following seals, if committed with
intent to defraud or deceive, shall be felony and punishable
with imprisonment for fourteen years-

(a) the seal of the Registrar-General;

(6) the seal of the Registrar of the High Court or
the Court of Appeal;

( 6 ) the seal of any Judge, minister of religion,
consul, commissioner for oaths, or notary public.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 181) Forgery

Uttering.

(3) Forgery of the following dies, if committed with
intent to defraud or deceive, shall be felony and punishable
with imprisonment for any term not exceeding fourteen
years-

(a) any stamp or die provided, made, or used for
the purpose of or in connection with customs;

( b ) any stamp or die provided, made, or used in
pursuance of the Stamp Act.

9. (1) Every person who utters any forged document,
seal, or die shall be guilty of an offence of the like degree
(whether felony or misdemeanour) and on conviction thereof
shall be liable to the same punishment as if he himself had
forged the document, seal or die.

Definition of
"uttering".

(2) A person utters a forged document, seal, or die,
who, knowing the same to be forged, and with either of the
intents necessary to constitute the offence of forging the said
document, seal, or die, uses, offers, publishes, delivers,
disposes of, tenders in payment or in exchange, exposes for
sale or exchange, exchanges, tenders in evidence, or puts
off the said forged document, seal, or die.

(3) It is immaterial where the document, seal, or die
was forged.

Demanding 10. Every person shall be guilty of felony and on con-
property on
forged viction thereof shall be liable to imprisonment for any term
documents, etc. not exceeding fourteen years, who, with intent to defraud,

demands, receives, or obtains, or causes or procures to be
delivered, paid, or transferred to any person, or endeavours
to receive or obtain or to cause or procure to be delivered,
paid, or transferred to any person, any money, security for
money, or other property, real or personal-

(a) under, upon, or by virtue of any forged instru-
ment whatsoever, knowing the same to be forged; or

(6) under, upon, or by virtue of any probate or
letters of administration, knowing the will, testament,
codicil, or testamentary writing on which such probate
or letters of administration shall have been obtained to
have been forged, or knowing such probate or letters

LAWS OF ANTIGUA AND BARBUDA

Forgery (CAP. 181 11

of administration to have been obtained by any false
m
P oath, affirmation, or affidavit.

1 . (1) Every person shall be guilty of felony and on Possession of
forged conviction thereof shall be liable to imprisonment for any documents, seals,

term not exceeding fourteen years, who, without lawful and dies.
authority or excuse, the proof whereof shall lie on the accused,
purchases or receives from any person, or has in his custody
or possession, a forged bank note, or a forged currency note,
knowing the same to be forged.

(2) Every person shall be guilty of felony and on con-
$ viction thereof shall be liable to imprisonment for any term

not exceeding fourteen years who, without lawful authority
or excuse, the proof whereof shall lie on the accused, and
knowing the same to be forged, has in his custody or
possession-

(a) any forged die required or authorized by law
to be used for the marking of gold or silver plate, or
of gold or silver wares, or any ware of gold, silver, or
base metal bearing the impression of any such forged die;

(b ) any forged stamp or die resembling or intended
to resemble either wholly or in part any stamp or die
which at any time whatever has been or may be pro-
vided, made, or used in pursuance of the Stamp Act;

(c) any forged wrapper or label provided by or
under the authority of the Governor-General or the head
of any department of the public service;

(6) any forged seal or die the forgery of which with
intent to defraud or deceive is made punishable by
section 8.

12. Every person shall be guilty of felony and on con- E:2i;
viction thereof shall be liable to imprisonment for any term possession paper
not exceeding seven years, who, without lawful authority Or impkments

for forgery.
or excuse, the proof whereof shall lie on the accused-

(a) makes, uses, or knowingly has in his custody
or possession any paper intended to resemble and pass
as-

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 181) Foveery

(i) special paper such as is provided and used for
making any bank note, currency note, Teasury
bill, or Government debenture bond;

(ii) revenue paper;

(b ) makes, uses, or knowingly has in his custody
or possession any frame, mould, or instrument for mak-
ing such paper, or for producing in or on such paper
any words, figures, letters, marks, lines, or devices
peculiar to and used in or on any such paper;

( 6 ) engraves or in anywise makes upon any plate,
wood, stone, or other material, any words, figures, let-
ters, marks, lines, or other devices, the print whereof
resembles in whole or in part any words, figures, let-
ters, marks, lines, or devices peculiar to and used in
or on any bank note, or currency note, or Government
debenture bond, or in or on any document entitling or
evidencing the title of any person to any share or interest
in any public stock, annuity, fund, or debt of any part
of the Commonwealth or of any foreign state, or in any
stock annuity fund, or debt of any body corporate, com-
pany, or society, whether within or without the
Commonwealth;

(6) uses or knowingly has in his custody or posses-
sion any plate, wood, stone, or other material upon
which any such words, figures, letters, marks, lines, or
devices have been engraved or in anywise made as
aforesaid;

(e) uses or knowingly has in his custody or posses-
sion any paper upon which any such words, figures,
letters, marks, lines, or devices have been printed or
in anywise made as aforesaid;

(f) makes, uses, or knowingly has in his custody,
or possession any unfinished or incomplete note pur-
porting to be a currency note, or any paper with any
word, figure, device, or distinction peculiar to and
appearing in the substance of paper used for any cur-
rency note.

LAWS OF ANTIGUA AND BARBUDA

Forgery (CAP. 181 13

13. Every person shall be guilty of a misdemeanour, ~~'~~~~g Or
and on conviction thereof shall be liable to imprisonment possession certain
for any term not exceeding two years, who, without lawful ~:r;~b;~z;:
authority or excuse, the proof whereof s h d lie on the accused, ,tamped and
purchases, receives, or knowingly has in his custody or issued.
possession-

( a ) any special paper provided and used for mak-
ing bank notes, currency notes, Treasury bills, and
Government debenture bonds, or any revenue paper
before such paper has been duly stamped, signed, and
issued for public use;

( b ) any die peculiarly used in the manufacture of
any such paper.

14. ( 1 ) On conviction of a misdemeanour punishable Punishments.
under this Act, the court, instead of or in addition to any
other punishment which may lawfully be imposed, may fine
the offender.

(2) On conviction of a felony punishable under this Act,
the court, in addition to imposing a sentence of imprison-
ment, may require the offender to enter into his own
recognizances, with or without sureties, for keeping the peace
and being of good behaviour.

(3) O n conviction of a misdemeanour punishable under
this Act, the court, instead of or in addition to any other
punishment which may lawfully be imposed for the offence,
may require the offender to enter into his own recognizances,
with or without sureties, for keeping the peace and being
of good behaviour.

(4) No person shall be imprisoned under this section
for more than one year for not finding sureties.

15. ( 1 ) Where the having any document, seal, or die i ;:iz2n,
in the custody or possession of any person is in this Act
expressed to be an offence, a person shall be deemed to have
a document, seal, or die in his custody or possession if he-

(a ) has it in his personal custody or possession; or

( b ) knowingly and wilfully has it in the actual
custody or possession of any other person, or in any

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 181) Forgery

place, building, lodging, apartment, field, or other place,
whether open or enclosed, and whether occupied by
himself or not.

(2) It is immaterial whether the document, matter, or
thing is had in such custody, possession, or place for the
use of such person or for the use or benefit of another person.

Search warrants. 16. (1) If it shall be made to appear by information
on oath before a Magistrate that there is reasonable cause
to believe that any person has in his custody or possession
without lawful authority or excuse-

(a) any bank note, currency note, Treasury bill,
or Government debenture bond; or

(6) any implement for making paper or imitation
of the paper used for bank notes, currency notes,
Treasury bills, or Government debenture bonds; or

( 6 ) any material having thereon any words, forms,
devices, or characters capable of producing or intended
to produce the impression of a bank note, currency note,
Treasury bill, or Governemnt debenture bond; or

(d) any forged document, seal or die; or

(e) any machinery, implement, utensil, or material
used or intended to be used for the forgery of any
document;

the Magistrate may grant a warrant to search for the same,
and if the same shall be found on search, it shall be lawful
to seize it and carry it before a Magistrate of the district
in which the warrant was issued to be by him disposed of
according to law.

Disposal of
documents, (2) Where any forged document (including any forged
materials, etc., bank note, currency note, Treasury bill, or Government
seized. debenture bond), or any machinery, implement, utensil, or

material used or intended to be used for the forgery of any
such document, is lawfully seized under a warrant granted
in pursuance of subsection (I), or otherwise, the document,
machinery, implement, utensil or material, as the case may
be, shall be delivered up to the Commissioner of Police, or
to any person authorized by him to receive the same, by

LAWS OF ANTIGUA AND BARBUDA

Forgery (CAP. 181 15

order of the court before which the offender is tried or, if
there is no trial, by order of a Magistrate.

(3) Every other document, seal, or die lawfully seized Documents etc.,
to be destroyed

under such warrant, or otherwise, shall be defaced and otherwise
destroyed or otherwise disposed of- disposed of.

( a ) by order of the court before which the offender
is tried; or

(b ) if there be no trial, by order of a Magistrate.

17. (1) In an indictment or information for an offence Form of
indictment and

against this Act with reference to any document, seal, or proof of intent.
die, it is sufficient to refer to the document, seal or die by
any name or designation by which it is usually known, or
by its purport, without setting out any copy or facsimile of
the whole or any part of the document, seal, or die.

(2) Where an intent to defraud or an intent to deceive
is one of the constituent elements of an offence punishable
under this Act, or under any other law relating to forgery
or any kindred offence for the time being in force, it shall
not be necessary to allege in the indictment or to prove an
intent to defraud or deceive any particular person; and it
shall be sufficient to prove that the defendant did the act
charged with intent to defraud or to deceive, as the case may
require.

(3) If any person who is a member of any co-partner- Partnerships.
ship, or is one of two or more beneficial owners of any
property, forges any document, matter, or thing with intent
to defraud the co-partnership or the other beneficial owners,
he shall be liable to be dealt with, indicted, tried, and punish-
ed as if he had not been or was not a member of the co-
partnership or one of such beneficial owners.

18. (1) Where an offence against this Act also by Savings.
virtue of some other law subjects the offender to any forfeiture
or disqualification, or to any penalty other than imprison-
ment or fine, the liability of the offender to punishment under
this Act shall be in addition to and not in substitution for
his liability under such other law.

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 181) Forgery

Offences
punishable under

(2) Where an offence against this Act is by any other
other A C ~ S . Act, whether passed before or after the commencement of

this Act, made punishable on summary conviction, pro-
ceedings may be taken either under such other Act or under
this Act.
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