Straits Settlements.

The acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. online

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Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 23 of 98)
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or supposed to
ooutam property.

Q.8.
M.»

Punishment
for same
offence when
committed by
person en-
trusted with
' custody.

M. r



[IV. OF 1871.] PENAL CODE.

description for a term which may extend to three years, and shall
also be liable to fine, and for every second or subsequent offence to
whipping.

457. Whoever commits lurking house-trespass by night or house-
breaking by night, in order to the committing of any offence
punishable with imprisonment, shall be punished with imprisonment
of either description for a term which may extend to five years, and
shall also be liable to fine; and if the offence intended to be com-
mitted is theft, the term of the imprisonment may be extended to
fourteen years, and for e^jery aecoTid or stibaeqtient offence shall in
either case be liahle to whipping.^

458. Whoevef commits lurking house-trespass by night or house-
breaking by night, having made preparation for causing hurt to any
person, or for assaulting any person, or for wrongfully restraining
any person, or for putting any person in fear of hurt or of assault
or of wrongful restraint, shall be punished with imprisonment of
either description for a term which may extend to fourteen years,
and shall also be liable to fine and to whipping.

459* Whoever, whilst committing lurking house-trespass or house-
breaking, causes grievous hurt to any person, or attempts to cause
death or grievous hurt to any person, shall be punished with penal
servitude for life, or imprisorunent of either description for a tenu
which may extend to ten years, and shall also be liable to fine
and to whipping.

460* If , at the time of the committing of lurking house-trespass
by night or house-breaking by night, any person guilty of such
offence shall voluntarily cause or attempt to cause death or grievous
hurt to any person, every person jointly concerned in committing
such lurking house-trespass by night or house-breaking by night,
shall be punished with penal servitude for life, or with imprisonment
of either description for a term which may extend i:> ten years, and
shall also be liable to fine.

• 461. Whoever dishonestly, or with intent to commit mischief,
breaks open or unfastens any closed receptacle which contains or
which he believes to contain property, shall be punished with
imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

462. Whoever, being entrusted with any closed receptacle which
contains or which he believes to contain property, without having
authority to open the same, dishonestly, or with intent to commit
mi&chief , breaks open or unfastens that receptacle, shall be punished
with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

* If punishment adequate.

t Amendment effected bvthe Penal Code Amendment Ordinance, 1872 (Ordinance
III. of 18 7S), section 11, which came into force at the same time as the Penal Code.



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PENAL CODE. [IV. OF 1871.] 175



CHAPTER XVIIL

Op Offences relating to Documents and to Trade or
Property-Marks.

463. Whoever makes any false document or part of a document Forgery,
with intent to cause damage or injury to the public or to any
person, or to support any claim or title, or to cause any person to

part with property, or to enter into any express or implied contract,
or with intent to commit fraud or that fraud may be committed,
commits forgery.

464. A person is said to make a false document — Making a falso
First. — Who dishonestly or fraudulently makes, signs, seals, or *^'*™*^*-

executes a document or part of a document, or makes any mark
denoting the execution of a document, with the intention of causing
it to be believed that such document or part of a document was
made, signed, sealed, or executed by, or by the authority of a person
by whom or by whose authority he knows that it was not made,
signed, sealed, or executed, or at a time at which he knows that it
was not made, signed, sealed, or executed ; or.

Secondly. — ^Who, without lawful authority, dishonestly or fraudu-
lently, by cancellation or otherwise, alters a document in any
material part thereof, after it has been made or executed either by
himself or by any other person, whether such person be living or
dead at the time of such luteration ; or.

Thirdly. — ^Who dishonestly or fraudulently causes any person to
sign, seal, execute, or alter a document, knowing that such person
by reason of unsoundness of mind or intoxication cannot, or that
by reason of deception practised upon him he does not, know the
contents of the document or the nature of the alteration.

Illustrations.

(a.) A has a letter of credit npon B for Dollars 1,000 written by Z. A, in
order to defraud B, adds a cypher to the 1,000, and makes the sum 10,000,
intending that it may be beheyed by B that Z so wrote the letter. A has
committed forgery.

(b.) A, without Z*8 authority, affixes Z's seal to a document, purporting
to be a conveyance of an estate from Z to A, with the intention of selling the
estate to B, and thereby of obtaining from B the purchase money. A has
committed forgery.

(o.) A picks up a cheque on a Banker signed by B, payable to bearer, but
without any sum having^ been inserted in the cheque. A fraadulently
£lls up the cheque by inserting the sum of One Thousand Dollars. A
commits forgery.

(d.) A leares with B, his agent, a cheque on a Banker* signed by A,
without inserting the sum payable, and authorizes B to fill up the cheque by
inserting a sum not exceedmg One Thousand Dollars for the purpose of
making certain payments. B miudulently fills up the cheque by inserting
the sum of Ten Thousand Dollars. B commits forgery.

(e.) A draws a Bill of Exchange on himself in the name of B without B*8
authority, int«niding to discount it as a genuine Bill with a Banker, and



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176 [IV. OF 1871.] PENAL CODE.

intending to take np the BiU on its matnrity. Here, as A draws the Bill with
intent to deceive the Banker hy leading him to suppose that he had the
eeonrity of B, and thereby to discount the Bill, A is gnilty of forgery.

(f.) Z's will contains these words :-^** I direct that all my remaining
property be e<][na11y divided between A, B, and 0." A dishonestly scratches
out B's name, intending that it may be believed that the whole was left to
himself and C. A has committed forgery.

(g.) A endorses a Promissory Note and makes it payable to Z, or his order,
by writing on the Bill the words " Pay to Z, or his order," and signing the
endorsement. B dishonestly erases the words '* pay to Z^ or hk order,'* and
thereby converts the special endorsement into a blank endorsement. B
commits forgery.

(h.) A sells and conveys an estate to Z. A afterwards, in order to defraud
Z of his estate, executes a conveyance of the same estate to B, dated six
months earlier than the date of the conveyance to Z, intending it to be believed
that he had conveyed the estate to B before he conveyed it to Z. A has
committed forgery.

(i.) Z dictates his will to A. A intentionally writes down a different legatee
from the legatee named by Z, and by representing to Z that he has prepared
the will according to his instruction, induces Z to sign the will. A has
committed forgery.

(j.) A writes a letter and signs it with B's name without B's authority,
certifying that; A is a man of ^ood character and in distressed circumstances
from unforeseen misfortune, intending by means of such letter to obtain
alms from Z and other persons^ Here, as A made a false document in order
to induce Z to part with property, A has committed forgery.

(k.) A without B*s authority writes a letter smd signs it in B*s name,
certifying to A's character, intending thereby to obtain employment under
Z. A has committed forgery, inasmuch as he intended to deceive Z by the
forged certificate, and thereby to induce Z to enter into an eicpresaed or
implied contract for service.

Explanation 1. A man's signature of his own name may amount
to forgery.

Illustrations.

* (a.) A signs his own name to a Bill of Exchange, intending that it may be
believed that the Bill was drawn by another person of tiie same name. A has
committed forgery.

(b.) A writes the word " accepted " on a piece of paper and signs it with
Z's name, in order that B may afterwards write on the paper a Bill of
Exchange drawn by 3 a|K)n 2, and negotiate the Bill as thougn it had been
acceptea by Z. A is gmlty of forgery ; and if B knowing the fact draws
the Bill upon the paper pursuant to A's intention, B is also guilty of
forgery.

(c.) A picks up a Bill of Exchange payable to the order of a different person
of the same name. A endorses the Bill in his own name, intending to canse
it to be believed that it was endorsed by the person to whose ox^r it was
payable : here A has committed forgery.

(d.) A purchases an estate sold under execution of a decree against B. B
after the seizure of the estate, in collusion with Z, executes a leiOe of the
estate to Z at a nominal rent and for a long period, and dates the lease six
months prior to the seizure with intent to defraud A, and to cause it to be
believed that the lease was granted before the seizure. B, though he executes
the lea^e in his own name, commits forgery by antedating it.

(e.) A. a trader, in anticipation of insolvency, lodges effects With B fDr A's
benefit, and with intent to defraud his creditors, and in order to give a
color to the transaction, writes a Promissory Note, binding himself to pay
to B a sum for value received, and antedates the note, intei^ing tkat it may
be believed to have been made before A was on the point of insolvency. A
has committed forgery under the first head of the definition.



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PENAL CODE. [IV. OF l87l.] jl77

Explanation 2. The making of a false document in the name of
a fictitious person, intending it to be beliered that the document
was made by a real person, or in the name of a deceased person,
intending it to be believed that the document was made by the
person in his lifetime^ may amount to forgery.

Illustration.

A draws a Bill of Ezchange upon a fictitiouB person, and fi^ndnlently
accepts the Bill in the name of Boon fictitious person Tfith intent to negotiate
it. A commits forgery.

465. Whoever commits forgery shall be punished with imprison- PaniBiunent of
ment of either description for a term which may extend to two ^orgerj.
years, or with fine, or with both.

466. Whoever forges a document, purporting to be a record or Forgery of a
proceeding of or before a Court of Justice, or a Register of Birth, record of a
Baptism^ Marriage^ or Burial, or a Register kept by a public servant ^JJce ^or a
as such^ or a certificate or document, purporting to be made by a public Begiitcr
public servant in his oflSciaJ capacity, or an authority to institute «f Births, &o.
or defend a suit, or to take any proceedings therein, or to confess
judgment, or a power of attorney, shall be punished with imprison-
ment of either description for a term which may extend to seven

years, and shall also be liable to fine.

467. Whoever forges a document which purports to be a valu- For^rery of a
able security or a wUl, or an authority to adopt a son, or which '^aiuaWe
purports to give authority to any person to make or transfer any ^5^*^ ^'
valuable security, or to receive the principal, interest, or dividends
thereon, or to receive or deliver any money, moveable property, or
^valuable security, or any document purporting to be an acquittance

or receipt, acknowledging the payment of money, or an acquittance
or receipt for the delivery of any moveable propei-ty or valuable
security, shall be punished with penal servitude for life, or with
imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.

468. Whoever commits forgery, intending that the document Forgery for
forged shall be used for the purpose of cheating, shall be punished ^^^ ppipose of
with imprisonment of either description for a term which may ^ ^^^'
extend to seven years, and shall also be liable to fine.

469. Whoever commits forgery, intending that the document Forgery for
forged shall harm the reputation of any party, or knowing that it |J^® purpose of
is likely to be used for that purpose, shall be punished with reputSwnof
imprisonment of either description for a term which may extend to any penon.
three years^ and shall also be liable to fine.

470. A false document, made wholly or in part by forgery, is «* A forged
designated ** a forged document." docmnent."

471. Whoever fraudulently or dishonestly uses as genuine any Usinj as
document which he knows or has reason to believe to be a forged f «"'"^^ •
document, shall be punished in the same manner as if he had forged mJSf ^^^
such document.

u p. 6781. ]£



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178



[IV. OF 1871.]



PENAL OODE.



Makiof or
potsessiD^a
coamerfeit
teal, plate, ftc,
with intent to
oonunit a
forgery pnnii fa-
able under
Section 467*



472. Whoever, makes or counterfeits any seal, plate, or other
instrument for making an impression, intending that the same shaX
be used' for the purpose of committing any forgery which would
be punishable under Section 467, or with such intent has in- his
possession any such seal, plate, or other instrument, knowing the
same to bo counterfeit, shall be punished with penal servitude for
life, or with imprisonment of either description for a term ^rbich
may extend to seven years, and shall also bo liable to fine.

Making or 473. Whoever makes or counterfeits any seal, plate, or other

l?08Be^f A instrument for making an impression, intending that the same shall

»mS^ plate, &c., ^ ^^^ f^^ *'^^ purpose of committing any forgery which would be

with mtent to ' punishaUe under any Section of th^ Chapter other than Section

commit a for- 457^ q^ with such intent has in his possession any such seal,

able otherwise, pl^te, or other instrument, knowing the same to be counterfeit,

shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to

fine.



Having pos-
session of a
yaloable
security or
will known to
be forged, with
intent to use it
as genuine.



Counterfeiting
a derice or
mark used for
authenticating
documents
described in
Section 467,
or possessing
counterfeit
marked
material.



Counterfeiting
a device or
mark used for
authenticatiiu;
documents
other than
those described
in Section 467,
or possessing
counterfeit
marked
material.



474. Whoever has in his possession any document, knowing the
same to be forged, and intending that the same shall fraudulently
or dishonestly be used as genuine, shfidl, if the document is one of
the description mentioned in Section 466, be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine ; and it* the document
is one of the description mentioned in Section 467, shall be punished
with penal servitude* for life, or with imprisonment of either
description for a term which may extend to seven years, and shall
also be liable to fine,

475. Whoever counterfeits upon or in the substance of any
material any device or mark used for the purpose of authenticating
any document described in Section 467, intending that such device
or mark shall be used for the purpose of giving the appearance
of authenticity to any document then forged or thereafter to be
forged on such material, or who with such intent has in his posses-
sion any material upon or in the substance of which any such
device or mark has been counterfeited, shall be punished with
penal servitude for life, or with imprisonment of either description
for a term which may extend to seven years, and shall also be
liable to fine.

476. Whoever counterfeits upon or in the substance of any
material any device or mark used for the purpose of authenticating
any document other than the documents described in Section 467,
intending that such device or mark shall be used for the purpose of
giving the appearance of authenticity to any document then forged
or thereafter to be forged on such material, or who with such intent
has in his possession any material upon or in the substance of which
any such device or mark has been counterfeited, shall be punished

• The words " penal seryitude " substituted for the word ** transportation " by
the Penal Code Amendment Ordinance, 1872 (Ordinance III. of 1872), section 7, whidi
came into operation at the same time as the Penal Code.



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PENAL CODE. [IV. OF 1871.] 179

with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine. ,

477. Whoever fraudulently, or dishonestly, or with intent to Frandolent
cause damage or injury to the public or to any person, cancels, cancelktion^
destroys, or defaces, or attempts to cancel, destroy, or deface, or s^tTyiin
secretes, or attempts to secrete, any document which is or purparts

to be a will, or an authority to adopt a son, or any valuable
security, or commits mischief in respect to such document, shall be
punished with penal servitude for life, or with imprisonment of
cither description for a term which may extend to seven years,
and shall also be liable to fine.

Of TkADE and PROPERTr-MABKS.

478. A mark used for denoting that goods have been made or Trade-mark,
manufactured by a particular person or at a particular time or

place, or that they are of a particular quality, is called a trade-
mark.

479. A mark used for denoting that moveable property belongs Property-
to a particular person, is called a property-mark. mark.

480. Whoever marks any goods, or any case, package, or other Using a fiase
receptacle containing goods, or uses any case, j)aekage, or other *^ade-mark.
receptacle with any mark thereon, with the intention of causing it

to be believed that the goods so marked, or any goods contained
in any such case, package, or receptacle so marked, were made
or manufactured by any person by whom they were not made or
manufactured, or that they were made or manufactured at any
time or place at which they were not made or manufactured, or
that they are of a particular quality of which they are not, is said
to use a false trade-mark.

481. Whoever marks any moveable property or goods, or any Usiog a false
case, package, or other receptacle containing moveable property or property-mark,
goods, or uses any case, package, or other receptacle having any

mark thereon, with the intention of causing it to be believed that
the property or goods so marked, or any property or goods con-
tained in nny case, package, or other receptacle so marked, belong
to a person to whom they do not belong, is said to use a false
property-mark.

482. Whoever uses any false trade-mark or any false property- PunUhment for
mark with intent to deceive or injure any person, shall be punished ^mfilS/pr^S.
with imprisonment of either description for a term which may {^tent'todeSvo
extend to one year, or with fine, or with both. or injure any

•' person

O.S

483. Whoever, with intent to cause damage or injury to the c^nnterfeiting a
public or to any person, knowingly counterfeits any trade or ^j.Sa^iTnsed
property-mark used by any other person, shall be punished with ^taSfto*'**^^^^
imprisonment of either description for a term which may extend to diunag»or
two years, or with fine, pr with both. *" ™^*

H 2

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180-



[IV. OF 1871.]



PENAL CODE.



Coonterfeitlog
a property-
mark ased by
a pnUio
serraot, or
any mark used
by him to
denote the
manu&ctmre,
quality, &o., of
uny property.



Fraudaleot
making or
having posces-
»ion of any
die, plate, or
other instru-
ment for
counterfeiting
any public or
private pro-
perty or trade-
mark.



Q.S.*



Knowingly
selling goods
marked with a
counterfeit
property or
trade-mark.

Q.S.



Fraudulently
making a false
mark upon any
package or
receptacle con-
taining goods.
Q.S.*



Punishment for
making use of
any such false
mark.
QJS.»

DefScingany
property-mark
with intent to
cause injury.
Q.S.



484. Whoever, with intent to cause damage or injury to the*
public or to any person, knowingly counterfeits any property-mark
used by a public servant, or any msork used by a public servant, to
denote that any property has been manufactured by a particular
person or at a particular time or place, or that the same is of a
particular quality, or has passed through a particular office, or that
it is entitled to any exemption, or uses as genuine any such mark
knowing the same to be counterfeit, shall be punished with impri-
sonment of either description for a term which may extend to tkree
years, and shall also be liable to fine.

485. Whoever makes or has in his possession any die, plate, or
other instrument for the purpose of making or counterfeiting any
public or private property or trade-mark, with intent to use the
same for the purpose of counterfeiting such mark, or has in his
possession any sucli property or trade-mark with intent that the
same shall be used for the purpose of denoting that any goods or
merchandize were made or manufactured by any particular person
or firm by whom they were not made, or at a time or place at
which they were not made, or that they are of [a] particular quality
of which they are not, or that they belong to a person to whom they
do not belong, shall be punished with imprisonment of either
description for a term which may extend to three years, or with
fine, or with both.

486. Whoever sells any goods with a counterfeit property or
trade-mark, whether public or private, affixed to or impressed upon
the same or upon any case, wrapper, or receptacle in which such
goods are packed or contained, knowing that such mark is forged
or counterfeit, or that the same has been affixed to or impressed
upon any goods or merchandize not manufactured or made by the
person or at the time or place indicated by such mark, or that they
are not of the quality indicated by such mark, with intent to
deceive, injure, or damage any person, shall be punished with
imprisonment of either description for a term which may extend to
one year, or with fine, or with both.

487. Whoever fraudulently makes any false mark upon any
package or receptacle containing goods, with intent to cause any
public servant or any other person to believe that such package or
receptacle contains goods which it does not contain, or that it does
not contain goods which it does contain, or that the goods contained
in such package or receptacle are of a nature or quality different
from the real nature or quality thereof, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

488. Whoever fraudulently makes use of any such false mark
with the intent last aforesaid, knowing such mark to be false, shall
be punished in the manner mentioned in the last preceding Section.

489. Whoever removes, destroys, or defaces any property-mark,
intending or knowing it to be likely that he may thereby cause

* If ponishment adequate.



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PENAL CODE. [IV. OF 1871.] 181

injury to any person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine,
car with both.



CHAPTER XIX.
Of TflE Criminal Breach of Contracts of Service.

490. Whoever, being bound by a lawful contract to render his Breach of con-
personal service in conveying or conducting any person or any SHrfn^^V*^^^
property from one place to another place, or to act as servant to voy^e or
any person during a voyage or journey, or to guard any person jonme/.

or property during a voyage or journey, voluntarily omits so to ^
do, except in the case of illness or ill-treatment, shall be punished
with imprisonment of either description for a term which may
extend to one month, or with fine which may extend to Fifty
Dollars, or with both.

Illustrations.

(a.) A, a hackney carriage driver, heing hoand by legal contract to carry
"Z from one place to another, runs away in the middle of the stage. A has
committed the ofienoe defined in this Section.

(b.) A, a cooly, beinff bound by lawful contract to c^rry Z's bagjzage from
-one place to another, throws the baggage away. A hfts committed Uie offence



Online LibraryStraits SettlementsThe acts and ordinances of the Legislative council of the Straits Settlements, from the 1st April 1867 to the 7th March 1898 .. → online text (page 23 of 98)