FORGERY, is where a person counter feits the signature of another, with intent to defraud ; which by the law of England is made a capital felony. This law is now extended by statute to the counterfeiting of almost every written instrument which is either a security for money, or a public document or voucher upon which money may be received, or by which any one may be defrauded of money, by the act of imposing upon him such a false instru ment. To enumerate the several statutes upon the subject would here be impossi ble. It is generally punished with the most rigorous severity. We shall add a few detached points with respect to the cases of forgery, which may be useful to explain cases of frequent occurrence.
Forgery may be committed by making a mark in the name of another person. It may be also committed in the name of a person who never had existence. Thus, indorsing a real bill of exchange with a fictitious name is forgery, although the use of a fictitious name was not essential to the negotiation.
A receipt indorsed on a bill of exchange, in a fictitious name, is forgery, although such name does not purport to be the name of any particular person. If a per son, who has for many years been known by a name which was not his own, and af terwards assume his real name, and in that name draw a bill of exchange, he will not be guilty of forgery, although such bill were drawn for fraudulent purposes.
The following statute is one of the most generally applicable to cases of forgery. If any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in the false making or counterfeiting any deed, will, bond, writing obligatory, bill of exchange, pro missory' note for payment of money, ac quittance, or receipt, either for money or goods, with intent to defraud any per son, or shall utter or publish the same as true, knowing the same to be false, forg ed, or counterfeited, he shall be guilty of felony without benefit of clergy ; but not to work corruption of blood, or disherison of heirs. 2 Geo. II. c. 25. From this, as well as other statutes, it will be seen, that not only the counterfeiting or forging false instruments, but the uttering, pass ing, or putting them off knowingly, is a capital felony ; and in order to detect counterfeiters or forgers of bank notes, the being possessed only of such forged notes, knowing them to be forged, is now made by a late statute a transportable of fence.