By the Merchandise Marks Acts 1887 and 1891, forgery of trade marks is
an offence punishable on conviction by indictment with imprisonment not
exceeding two years or to fine, or both, and on conviction by summary
proceedings with imprisonment not exceeding four months or with a fine.
The Forged Transfers Act 1891, made retrospective by the Forged
Transfers Act 1892, enables companies and local authorities 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.
_United States._--Forgery is made a crime by statute in most if not all
the states, in addition to being a common law cheat. These statutes have
much enlarged the common definition of this crime. It is also made a
crime by a Federal statute (U.S. Rev. Stat., ch. 5), which includes
forgery of national banknotes, letters patent, public bid, record,
signature of a judge, land warrants, powers of attorney, ships' papers
or custom-house documents, certificates of naturalization, &c.; the
punishment is by fine or by imprisonment from one to fifteen years with
or without hard labour.
In Illinois, fraudulently connecting together different parts of several
banknotes or other genuine instruments so as to produce one additional
note or instrument with intent to pass all as genuine, is a forgery of
each of them (Rev. Stats. 1901, ch. 38, S 108). The alleged instrument
must be apparently capable of defrauding (_Goodman_ v. _People_ [1907],
228, Ill. 154).
In Massachusetts, forgery of any note, certificate or bill of credit
issued by the state treasurer and receiver general, or by any other
officer, for a debt of that commonwealth, or a bank bill of any bank, is
punishable by imprisonment for life or any term of years (Rev. Laws
1902, ch. 209, SS 4 and 5).
In New York, forgery includes the false making, counterfeiting,
alteration, erasure or obliteration of a genuine instrument (Penal Code,
S 520). An officer or agent of a corporation who with intent to defraud
sells, pledges or issues a fraudulent scrip, share certificate, is
guilty of forgery in third degree. Falsely making any instrument which
purports to be issued by a corporation bearing a pretended signature of
a person falsely indicated as an officer of the company, is forgery just
as if such person were in truth such officer (id. S 519). Counterfeiting
railroad tickets is forgery in the third degree. Falsely certifying that
the execution of a deed has been acknowledged is forgery (id. S 511). So
also is the forging a fictitious name (_People_ v. _Browne_ [1907], 103
N.Y. suppl. 903). Punishment for forgery in the first degree may be
twenty years, in the second degree ten years, in the third degree five
years.
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