forgery

In the case of forgery, properly so called, which includes only records, deeds, wills, or public instruments, it may, perhaps, be necessary that some person should be actually prejudiced. This rule, however, does not extend to cheats of the present description; in which it is sufficient, that the act be of a prejudicial nature.

The false making, with Intent to defraud, or any writing which, if genuine, might apparently be of legal ef- Bishop (2 New Crim. Law, § 533) has collected seven definitions of forgery, and justly remarks that the books abound in definitions. Coke says the term is "taken metaphorically from the smith, who beateth upon his anvil, and forgeth what fashion and shape he will." 3 Inst. 169. The elements are (1) a false making (46 N. H. 266; 28 Minn. 52), but this may consist of a material alteration (64 Wis. 482) (2) of an instrument apparently capable of defrauding (20 Iowa, 541, 118 Mass. 685) (3) with intent to defraud (51 Vt. 105, 15 Mass. 526).

The falsely making or materially altering, with Intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. 2 Blsh. Cr. Law § 523; Smith V. State, 29 Fla. 408, 10 South. 894. The fraudulent making and alteration of a writing to the prejudice of another man’s right. 4 Bla. Com. 247. The essence of forgery consists in making an Instrument appear to be that which it Is not; L. R. 1 C. C. R. 200. Bishop, 2 Cr. Law ( 523, n., has collected nine definitions of forgery, and remarks that the books abound in definitions. Coke says the term Is “taken metaphorically from the smith, who beateth upon bis anvil and forgeth what fashion and shape be will.” Co. 3d Inst. 169. A person may commit forgery by fraudulently making, over his own signature, a paper writing which, if genuine, would possess legal efficacy, and might operate to the prejudice of another’s rights; Luttrell v. State, 85 Tenn. 232, 1 S. W, 880, 4 Am. St Rep. 700. One may have authority to sign the name of another to an instrument for the payment of money in a stated amount, or for a legal purpose, and yet commit a forgery by signing for a larger amount, or for an illegal purpose with intent to defraud; Claiborne v. State, 51 Ark. 88, 9 S. W. 851. A clerk in the telegraph office who sent to a bookmaker a telegram offering to bet on a certain horse, which purported to be sent before the race, and to be signed by a person who had authorized him to telegraph bets in his name, but which was in fact sent after the clerk knew that the horse had won the race, was held guilty of forgery under a statute against procuring money by virtue of any forged or altered instrument. Lord Russell, C. J., and Vaughan Williams, J., doubted as to the statute, but not that it was forgery at common law; [1896] 1 Q. B. 309. The making of a whole written instrument in the name of another with a fraudulent intent is undoubtedly a sufficient making; although otherwise where one executes a promissory note as agent for a principal from whom he has no authority; Mann v. People, 16 Hun 165; but a fraudulent insertion, alteration, or erasure, even of a letter, in any to a forgery; State v. Floyd, 6 Strobh. (S. 0.) 68, 63 Am. Dec. 689; L. R. 1 C. C. R. 200; and this, although it be afterwards executed by a person Ignorant of the deceit; 2 East, PI. Cr. 855. The fraudulent application of a true signature to a false Instrument for which it was not Intended, or vice versa, will also be a forgery; Powell v. Com., 11 Gratt (Va.) 822; Pennsylvania v. Mlsner, Add. (Pa.) 44. For example, it is forgery in an individual who is requested to draw a will for a sick person in a particular way, instead of doing so, to Insert legacies of his own head, and then procure the signature of such sick person to the paper without, revealing to him the legacies thus fraudulently inserted; F. Moore 759; Co. 3d Inst 170; 1 Hawk. PI. Cr. c. 70, s. 2; 2 Russ. Cr. 318; Bacon, Abr. Forgery (A); so held of one who was employed to draw a will and fraudulently omitted a legacy; 1 Hawk. PI. Cr. c. 70, § 6; 3 Chltty, Cr. L. 1038. One was held not to be guilty of forgery, who in writing a promissory note for an illiterate person to execute, inserts therein an amount larger than directed; Wells V. State, 89 Ga. 788, 16 S. E. 679. It has been intimated by Lord Ellenborough that a party who makes a copy of a receipt and adds to such copy material words not in the original, and then offers it in evidence on the ground that the original has been lost, may be prosecuted for forgery; 6 Esp. 100. It Is a sufficient making where, in the writing, the party assumes the name and character of a person in existence; 2 Russ. Cri. 327. But the adoption of a false description and addition where a false name Is not assumed and there is no person answering the description, is not a forgery; 1 Russ. & R. 405. Making an' Instrument in a fictitious name, or the name of a non-existing person, is as much a forgery as making it in the name of an existing person; 2 Russ. Crl. 328; Brewer V. State, 32 Tex. Cr. R. 74, 22 S. W. 41, 40 Am. St. Rep. 760; Lascelles v. State, 90 Ga. 347, 16 S. E. 945, 36 Am. St. Rep. 216; and although a man may make the Instrument in his own name, if he represent it as the Instrument of another of the same name, when in fact there is no such person. It will be a forgery In the name of a non-existing person; 2 Leach 775; 2 East, PI. Cr. 963;

In criminal law. The falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. 2 Bish. Crim. Law, § 523. See Forge. The thing itself, so falsely made, imitated, or forged; especially a forged writing. A forged signature is frequently said in be "a forgery:' In the law of evidence. The fabrication or counterfeiting of evidence. The artful and fraudulent manipulation of physical objects, or the deceitful arrangement of genuine facts or things, in such a manner as to create an erroncous impression or a false inference in the minds of those who may observe them.' See Burrill, Circ. Ev. 131, 420.

— Forgery aet, 1870. The stafute 33 & 34 Viet. c. 58, was passed for the punishment of forgers of stock certificates, and for extending to Scotland certain provisions of the forgery act of 1861. -Mozley & Whitley.

The fraudulent purpose of fraud and thing itself, so falsely writing. In the law duction of false ployment or arrangement the purpose of deceiving observers. Fori disputationes, I. before a court

In criminal law. The falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. 2 Bish. Crim. Law, § 523. The fraudulent making and alteration of a writing to the prejudice of another man's right. 4 Bl. Comm. 247. See Forger. Forgery, at common law, denotes a false making, which includes every alteration of or addition to a true instrument, of a matter of legal import, with an intent to defraud. 5 East, P. C. 852. The false making an instrument which purports on its face to be good and valid for the purposes for which it was created, with a design to defraud any person or persons. 1 Leach, 366. The thing itself, so falsely made, imitated, or forged; especially a forged writing. A forged signature is frequently said to be "a forgery." In the law of evidence. The fabrication or counterfeiting of evidence. The artful and fraudulent manipulation of physical objects, or the deceitful arrangement of genuine facts or things, in such a manner as to create an erroneous impression or a false inference in the minds of those who may observe them. See Burrill, Circ. Ev. 181, 420.

The fraudulent making or alteration ment to the prejudice of another's right.

[L. Fr. fausinerie; Lat. crimen falsi] In criminal law. The fraudulent making or alteration of a writing, to the prejudice of another's right. 4 £1. Com, 247. — 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. 2 Fasfs P, C, 862, c. 19, § 1. Mr. East says of this definition, that it results from all the authorities ancient and modem, taken together. Id, ibid. See 2 Russell on, Crimes, 318. Wharton^ s Am, Crim. Law, 335. The making a thing in imitation of another thing, with a view to deceive and defraud; such as the imitation of the signature, stamp, brand or mark of another, the imitation of a seal. But this is more commonly termed counterfeiting. The thing itself, so falsely made, imitated or forged; especially a forged writing. A forged signature is said to be a forgery. For the American law of forgery, see 2 Russell on Crimes, (Am. ed. 1850,) 318, notes. U, S. Digest and Supplement, Forgery and Counterfeiting. Wharton's Am, Crim, Law, 319 — 349. Lewis* Crim, Law, 290 — 332.