Odger's English Common Law

Chapter V.
FORGERY.
At common law it was, and still is, a misdemeanour punish-
able with fine or imprisonment for two years without hard
labour, or both, for any one to fraudulently make or alter
any writing with the object of prejudicing another man's
right, or to fraudulently utter any writing knowing that it is
so made or altered. This is so whether any one be in fact
prejudiced or not. 1
Thus, it is a crime at common law to forge a railway pass, 2 a county
court summons, 3 or a testimonial as to the character of an applicant for an
appointment. 4 But it was held not to be forgery at common law to put
the signature of a well-known artist on a picture not painted by him, for
a picture is not a writing. 6 But if the picture be subsequently sold as
genuine, the offender may be punished as a common law cheat, or may be
indicted for obtaining money by false pretences, or, in certain circum-
stances, may be convicted summarily of an offence under the Fine Arts
Copyright Act, 1862. 8
Numerous statutes have been passed with regard to forgery,
which prior to 1830 was a capital offence. The law on the
subject was consolidated in the year 1861 by the Forgery
Act, 7 and again in 1913 by the Act 8 of that year. This latter
Act unfortunately leaves the common law 9 and some portions
of the earlier statutes still in force, 10 which prevents it from
being regarded as a perfectly satisfactory code. It com-
1 Stephen's Digest of the Criminal Law, 6th ed., art. 403 ;
(1852), 21 L. J M. C. 147.
2 B. v. Boult (1848), 2 C. 4 K, 604.
s B. v. Collier (1831), 6 C. & P. 160.
* B. v. Shaman (1854), 23 L. J. M. C. 51 ; and see B.
Cox, 38.
and see S. v. Nash
v. Toshack (1849), i
5 B. v. Close (1857), 7 Cox, 494.
6 25 & 26 Vict. o. 68, ss. 7, 8 ; and see ante, p. 375.
7 24 & 25 Vict. c. 98
8 3 & 4 Geo V. c 27. Throughout this chapter, where reference is made to a section
without an Act being mentioned, it is a reference to the Forgery Act, 1913.
9 S. 14 (1) (b).
10 E.g., Forgery Act, 1861, ss. 3, 5, 6, 34, 42—44, 47, to end, and parts of ss 28, 36,
and 37 ; Forgery Act, 1870, ss. 1, 2, 4, 7, and 8