Forge

An establishment, or mechanical contrivance, by which iron is made, or manufactured from the ore. 1 Stock. Ch. (N. J.) 296. To forge means, properly speaking, no more than to make or form, but in our law it is always taken in an evil sense. 2 East's P. C. 852, c. 19, § 1. The French fauxer or fauser, however, which is a term employed by Britton, always radically imported a false making, and may have been the origin of the English word, instead of forger, to fashion. To forge and to counterfeit are constantly used both in ancient and modern law, as synonymous terms. Britt. c. 4. The former, however, is usually applied to writing or written instruments, the latter to other subjects of imitation, especially money. See "Forgery," —

To fabricate by false imitation; especially, in law, to make a false Instrument In similitude of an instrument by which one person could be obligated to another for the purpose of fraud and deceit People v. Mitchell, 92 Cal. 690, 28 Pac. 697, 788. See State V. Mc Kenzie, 42 Me. 392.

To make or view to deceive and

To fabricate, construct, or pre pare one thing in imitation of another thing, with the intention of substituting the false for the genuine, or otherwise deceiving and defrauding by the use of the spurious artiels, To counterfeit or make falsely. Especially, to make a spurious written instrument with the intention of fraudulently substituting it for another, or of passing it off as genuine; or to fraudulently altera genuine instrumen to another's prejudice; or to sign another person’s name to a document, with a deceit. fu) and fraudulent intent. To forge (a metaphorical expression, borrowed from the occupation of the smith) means, properly speaking, no more than to make or form, but ip our lawit is always taken in anevilsense. 2 Hast, P. C. p. 852, e. 19, § 1. To forge is to make in the likeness of something elsa; to counterfeit is to make in imitation of something else, with a view to defraud by passing the faise copy for gcnuinecroriginal. Both words, “forged” and “counterfeited,” convey the idea of similitude. 42 Me, 202. In common usage, however, forgery is almost always predicated of some private instrument or writing, as a deed, note, will, or a signature; and counterfeiting denotes the frauduleat imitation of coined or papér money or some substitute there for.

' 1. A mechanical contrivance by which iron is made or manufactured from the ore. But a blacksmith's forge is not a " forge or furnace for manufacturing iron." ^ 3. To make in the likeness of something else. 9 Compare Fabricate. Forgqr. A person guilty of forgery. Forgery. At common law, the fraudulent making or alteration of a writing to the prejudice of another man's right, i" " The word is taken metaphorically from the smith, who beateth upon his anvil and forgeth what fashion iand shape he will." ^* In common speech, also, the altered instrument itself. > Maryland v. Baltimore, &c. B. Co., 3 How. 652 (1845), Taney, C. J. = Famesworth v. Minnesota, &c. E. Co., 92 U. S. 68 (1875), Field, J.; 2 Story, Eq. § 1326. 'Henderson's Spirits, 14 WaU. 56 (1871), cases; Thatcher's Spirits, 103 U. S. 682 (1880). * The Mary Celeste, 8 Low. 356 (1874), cases. » Windsor v. Mc Veigh, 93 U. S. 274 (1876). «New York Life Ins. Co. v. Statham, 93 U. S. 24, 30 (1876): 100 Pa. 180. As to flre insurance, see Smith v. St. Paul Fire & Mar. Ins. Co., 3 Dak. T. 80 (1882). ■•F. forge: I,, fabrica, a, workshop; faber, a workman, smith: fa-, to make. » [Rogers v. Danforth, 9 N. J. E. 296 (1853). » State V. Mc Kenzie, 42 Me. 394 (1856). The fraudulent making of a false writing, which, if genuine, would be apparently of some legal efficacy, i May be committed as to any writing, which, if genuine, would operate as the foundation of another man's liability, or the evidence of his right.^ Imports a false making (which includes every alteration of or addition to a true instrument)— a making malo animo, of any written instrument for the purpose of fraud and deceit: with intent to deceive.' In general terms, forgery is the false making or material alteration of, or addition to, a written instrument for the purpose of fraud and deceit. It may be — the making of a false writing purporting to be that of another; the alteration in some material particular of a genuine instrument by a change of its words or figures; the addition of some mjiterial provision to an instrument otherwise genuine; the appending of a genuine signature to an instrument for which it was not intended. The false writing may purport to be the instrument of a person or firm existing or fictitious; or of a person having the same name as the accused. As a rule, it must purport to be the writing of another than the person who made it.' May be committed by making a note in the name of a fictitious person, in an assumed name, or in the name of a bank which does not, exist. It is not necessary that the note be one which, if genuine, would be a valid and binding obligation. It is sufficient that the instrument purports to be good. To relieve from the character of forgery, the want of validity must appear upon the face of the paper itself.* It is immaterial whether the forgery is committed by means of printing, stamping, an engraved plate, or by writing with a pen." ^ 1 2 Bishop, Cr. L. §§ 624, 523, note. 2 3 Greenl. Ev. § 103, cases. s Rex V. Coogan, 2 East, P. C. 862-53 (1803): Commonwealth V. Ayer, 3 Cush. 152 (1840); Gamer v. State, 5 Lea, 215 (1880); Stateu Mc Kiernan, 17 Nev. 228 (1E82). 'Commonwealth v. Baldwin, 11 Gray, 198 (1868), Thomas, J. » United States v. Turner, 7 Pet. *1U (1833); United States V. Mitchell, Baldw. 366 (1831); 11 F. E. 55. • Benson v. Mc Mahon, 127 U. S. 467-71 (1888), cases. Benson, by falsely representing himself in the City of Mexico as Marcus Meyer, agent for Henry E. Abbey, under whom Adelina Pat ti was to appear at the Teatro Nacional, in December, 1886, sold 825,000 to $30,000 worth of tickets of admission. In February, 1888, Benson was arrested in the city of New York, and committed for his return to Mexico, in accordance with the extradition treaty of 1801, the circuit court having refused to release him upon a writ of habeas corpus. "About the only contest" made by him before the Supreme Court was that the tickets were not forgeries, mainly because the name of Mr. Abbey, who was represented as having authorized their issue and sale, was made in script, by the use of a The crime is generally defined to be " the fraudulent making or alteration of a writing to the prejudice of another man's rights." The intent to defraud is its essence. There must be a possibility of some person being defrauded. Where the effect, if successful, •would be to defraud a particular person, he should- be named in the indictment, if known; if otherwise, a general allegation of the intent should be made. The question of intent is for the jury; but such intent, to "be proved, must be alleged. The nature of the offense is a species of false pretenses or fraud; hence the importance of setting forth the intent, and the name of the person, if known.' It is sufdcient if the forgery would have the effect bf defrauding a particular person. A person may not fraudulently sign his own name (in this case to a money -order) although identical with the name of the person who should have signed.' Forgery of a bill or note is by counterfeiting a signature, or by filling up a paper with a genuine signature, so as to make it appear to be signed as maker, or indorser, or other party.3 "False, forged, and counterfeit," in the act of February 25, 1862 (12 St. L. 347), necessarily implies that the instrument so characterized is not genuine, but only purports to be, or is in the similitude of, such instrument.* "False or forged," applied to an instrument in wiiti Qg, means that the instrument is coimterfeit or not genuine, — that'some one has attempted to imitate another's personal act, and, by means of such imita- Jaon, to cheat and defraud.* To falsely make an affidavit is one thing; to make a false affidavit is another. It is the false making that is forgery." Making and uttering an instrument as agent, under a false assumption of authority, is not forgery.* In charging forgery, the variance or the omission of a letter, to be material, must change the word attempted to be written into another word having a different meaning. The rigor of the old English law in this respect was due to the barbarous punishments imposed. The insertion or omission of a word or words will not create a variance unless the sense is thereby altered. Illustrations of harmless changes are: *' to

\L.Yr.fauxer,fauser,faucher; L. laX.falsare,fahricare^ In criminal law. To make or fabricate a thing in imitation of another, with a view to deceive and defraud; to make falsely; to counterfeit.* To forge (a metaphorical expression, borrowed from the occupation of the smith,) means, properly speaking, no more than to make ox form, but in our law it is always taken in an evil sense. 2 East^s P. C. 852, c. 19, § 1. The French fauxer or fauser^ however (from faux, false,) which is the term employed by Britton, always radically imported a false making, and may have been the origin of the English word, instead of forger, to fashion, (q. v.) To forge and to counterfeit are constantly used both in ancient and modem law, as synonymous terms. Thus, defauseours qui ount nostre monoy countrefait; of forgers who have counteifeited our money. BritL c. 4. See Forgery. The former, however, is usually applied to writing or written instruments, the latter to other subjects of imitation, especially money. Thus, we say 2l forged deed, s^ forged check, k forged signature, a forged endorsement; and a coun^ terfeit coin, a counterfeit bank note.