CHAPTER XXX.

 

FORGERY

   

CONTENTS.

 

SECTION 1.  Forgery defined.

2.   Writing defined.

3.   Making the initials of one’s name.

4.   Intent to deceive essential.

5.   The writing must purport to be that of another.

6.   Using the name of a fictitious person.

7.   Forged instrument must resemble the genuine, and not be obviously void.

8.   Falsely making one’s own signature.

9.   Forgery to the amount of one hundred dollars—Punishment.

10. Less than one hundred dollars—Punishment.

11. Uttering a forged writing—Punishment.

12. Canceling a writing.

13. Fraudulently filling blank.

14. Altering one’s own writing.

15. Fraudulently procuring of signature.

16. Falsification of testimony by a magistrate.

17. False certificate of acknowledgment.

18. False record.

19. Second offense.

 

1. Forgery is the fraudulent making or altering a writing, with the intent to deceive another and prejudice hint iii sonic right.

 

2. A writing comprehends manuscript, print, inscriptions, figures, marks, and other modes of indicating, upon paper or other material substance, words, sense, or meaning.

 

3. The making of the initials, of one’s name or a mark as his signature to a promissory note or other document; or the stamping of a signature, with intent to defraud, is as much a forgery as if the party had signed that person’s name.

 

4.  An intent to deceive is essential to forgery, but it is not essential that any one should in fact be thereby deceived.

 

5.  In order to constitute forgery, the writing must, as made or altered, purport to be the writing of another party than the person making or altering the same; except in the case of an alteration by the maker of a writing, in which others have a property or direct interest.

 

6. It is not necessary, in order to constitute a forgery, that there should really be any such other person or party as the writing purports. For example, the drawing a bill of exchange in the name of a fictitious person is as much a forgery as if it had been made in the name of one who was known to exist, and to whom credit was due.

 

7.  To constitute forgery, it is not essential that the forged instrument should be so made, that if genuine, it would be valid. For example, it is forgery to fabricate any false instrument on unstamped paper, which by law requires a stamp, or to make a false will of a living person, notwithstanding it can have no validity as a will until his death Provided, however, that it is .essential to institute forgery, that the false instrument should carry on its face the semblance of that for which it was counterfeited, and that it should not be obviously invalid, void, and of no effect.

 

8.  The deceptive and fraudulent making of one’s own signature, as being that of another, the writing being such that others might be thereby deceived and defrauded or prejudiced, is forgery.

 

9.  Whoever is guilty of the forgery of any deed of conveyance, lease, promissory note, bill of exchange, due bill, check, order or request to pay money, or other writing whatever, to the amount, or involving or affecting the amount, or value of cue hundred dollars or more, shall be punished by imprisonment at hard labor not more than ten years, and by fine not exceeding five hundred dollars.

 

10.  Whoever is guilty of the forgery of any writing to an amount less than that specified in the preceding section, shall be punished by imprisonment at hard labor not more than five years, and by fine not exceeding three hundred dollars.

 

11.  Whoever, knowing a writing to be false or forged, shall deceptively offer, shal, negotiate, assign or transfer the same, or put the same into circulation, as being true and genuine according to its apparent purport, shall be subject to the punishment above prescribed for the forgery of such writing.

 

12.  The cancelling, destroying, secreting, or obliterating, a writing, being one’s own or that of another, in which any other person has any property or direct interest, with intent thereby to defraud any person, or prejudice any one in his person, property, rights or interests, and whereby any person night be defrauded or so prejudiced, shall be subject to the penalty of forgery of the like writing: For example, fraudulently destroying a writing previously executed and delivered by the party destroying the same, or destroying a writing by tearing oil’ or abstracting a part thereon

 

13.  The knowingly and fraudulently filling up a signed blank otherwise than the party filling up the same is authorized by the signer or other person empowered thereto, to fill up the same, with intent, in either easer to defraud or prejudice such signer or any other person, and where such signer or another might be thereby defrauded or prejudiced is subject to the penalty for forgery of a like writing.  But this provision shall not affect the validity of such writing as against the parties liable thereon. The knowingly and fraudulently uttering such writing shall be subject to the penalty for uttering a like forged writing.

 

14.  The false and fraudulent alteration of a writing made by the party altering the same, and previously passed or delivered, the alteration being such as may tend to deceive and defraud any person, is equivalent to forgery of such writing, and shall be subject to the like punishment.

 

15.  The fraudulently and deceitfully procuring a signature to, or authentication of, a writing, under pretence that it is another and different writing, whereby the person signing or authenticating the same is deceived, and signs or authenticates the same as and for such other and different writing, shall be subject to the penalty for forgery of a like writing or authentication; and the knowingly and fraudulently uttering such writing or authentication shall be subject to the same penalty.

 

16.  Any officer or magistrate, authorized by law to take any testimony, declaration or statement on oath, who, knowingly and corruptly, falsely takes or certifies any testimony, declaration or statement, as to the whole or in some material part, shall be subject to the penalty for forgery of like testimony, declaration, statement or certificate; and the knowingly and fraudulently littering the same shall be subject to the same penalty.

 

17.  Any registrar of conveyances, notary public or other official authorized by law to take acknowledgement or proof of any deed of conveyance of real estate, or any other instrument, in order to entitle the same to be recorded, or to be produced in evidence, or in order to give the same validity, who falsely and corruptly certifies that any such deed was acknowledged to him by any party thereto, or that proof was given to him of the genuineness thereof, shall be subject to the penalty for forgery of a certificate of like description ; and the knowingly and fraudulently uttering any such false certificate shall be subject to the same penalty.

 

18.  Any registrar of deeds, cleric of any court, or any other officer or person having the legal custody of any public record, who corruptly and falsely, (in or as to any material point,) makes or certifies any record or purported copy thereof, shall be subject to the penalty for the forgery of a like record, copy, or certificate; and the knowingly and fraudulently uttering of such false record or certificate shall be subject to the same penalty.

 

19.  Whoever, after having been convicted of any of the offenses provided against in this chapter, is thereafter convicted of the same, or any other of the said offenses, committed after his being so convicted, shall be subject to an additional like punishment, not exceeding by more than one half, the maximum punishment provided by law for the offense of which he is last so convicted.