FORGERY is defined by Blackstone at common law as "the fraudulent making or alteration of a writing to the prejudice of another man's right," or "the false making, or making malo animo, of any written instrument for the purpose of fraud or de ceit." This definition, it will be seen, comprehends all fraudulent tampering with documents.
The crime of forgery in English law has been from time to time dealt with in a large number of statutes. It was first made a statutory offence in 1562, and was punishable by fine, by standing in the pillory, having both ears cut off, the nostrils slit up and seared, the forfeiture of land and perpetual imprisonment. It was made capital, without benefit of clergy, in 1634. The most notable cases of those who have suffered the extreme penalty of the law are those of the Rev. Dr. W. Dodd in 1777, for forging Lord Chesterfield's name on a bond, and Henry Fauntleroy, a partner in the banking-house of Marsh, Sibbald & Co., for the appropriation by means of forged instruments of money entrusted to the bank, in 1824.
Up to 1913 there was no statutory definition of forgery, but in that year in the Forgery Act, 1913, a statute passed "to con solidate, simplify and amend the law relating to Forgery and kindred offences," the following definition is given (s. I). Forgery is the 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 the 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 the act provided. A document is false within the meaning of the act 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 document identified by number or mark, the number or any distinguishing mark identi fying 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; (b) if the whole or some material part of it purports to be made by or on behalf of a fictitious or de ceased person; (c) if, though made in the name of an existing person, 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.
Again for the purposes of the act—(a) it is immaterial in what language a document is expressed or in what place within or without the king's dominions it is expressed to take effect; (b) 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 recognized by law, shall be a material part of such cheque, draft, order, coupon or document.
Sections 2 to 5 deal with the penalties for forgery of various documents and seals. In most cases forgery is a felony, and, if done with intent to defraud, is punishable with penal servitude for life in the case of wills, deeds and bank notes, and for 14 years in the case of other documents there set out. Forgery with intend to defraud or deceive is subject to a life penalty where a document has thereon the great seal or kindred seals or the royal sign manual, or these seals are forged. Fourteen years is the penalty in the case of registers of births, marriages or deaths, and of the seals of that office. These are only instances and for all the varieties of the offence and their punishments reference must be made to the sections in question.
Forgery of a passport, or the making of a statement which to a person's knowledge is untrue for the purpose of procuring a passport, is made a misdemeanour by the Criminal Justice Act 1925.
Every person who utters any forged document, seal, or die is guilty of an offence of the like degree (whether felony or mis demeanour) and on conviction is liable to the same punishment as if he himself had forged the document, seal or die. 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 document, seal or die, uses, offers, publishes, delivers, disposes of, tenders in payment or in ex change, exposes for sale or exchange, exchanges, tenders in evi dence, or puts off the forged document, seal or die, and it is im material where the document, seal or die was forged.
Demanding property on forged documents, possession of forged documents, seals, or dies without lawful excuse, making or having in possession without lawful excuse paper or implements for forgery are all felonies punishable by penal servitude for varying periods.
Further, any person who knowingly and wilfully aids, abets, counsels, causes, procures, or commands the commission of an offence punishable under the act is liable to be dealt with, in dicted, tried, and punished as a principal offender. And where an intent to defraud or an intent to deceive is one of the constit uent elements of an offence punishable under any act relating to forgery or any kindred offence for the time being in force, it is not necessary to allege in the indictment or to prove an intent to defraud or deceive any particular person; and it is sufficient to prove that the defendant did the act charged with intent to de fraud or to deceive, as the case may require. Also if any person who is a member of any co-partnership, 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 is liable to be dealt with, indicted, tried, and punished as if he had not been or was not a member of the co partnership, nor one of such beneficial owners.
The Forged Transfers Act 1891, made retrospective by the Forged Transfers Act 1892, enables companies and local authori ties to make compensation by a cash payment out of their funds for any loss arising from a transfer of their stocks, shares or securities through a forged transfer.
In the United States, in many of the States the offence of forgery now is defined by statute rather than by common law. Where forgery is so defined by statute, it either enlarges the offence or prescribes a different punishment. In order to con stitute forgery, it is essential that there be a false making or alteration of some document, with a fraudulent intent and with the capacity to effect a fraud.