Polynesian., 1850-08-03

two months, or by fine not exceeding 6fiy
dollars
(2) The circuit courts of the islands, or
any court OF probate, by Imprisonment not
more than one month, or by fine not ex-
ceedipg twenty dollars: /
(3.) Any other court or any district JUS
tice, or other magistrate acting in Judicial
capacity, by Imprisonment not more than FIVE
days, or by fine not exceeding FIVE dollars.
CHPrrER XXXI.-Forgery
| /. Forgery is the fraudulent making or
altering writing, with the intent to deceive
another and prejudice him in some right.
2. A writing comprehends manuscript,
print, inscriptions, figures, marks, and other
modes Of indicating, upon paper or other
material substance, words, sense, or mean
ing. .
8. The making Of the initials Of ores
name or mark as his signature to .promis-
sorry note or other document or the stamp
ing Of signature, with intent to defraud, is
as much forgery as if the party had signed
that PERSONS name.
4. An intent to deceive is essential to
forgery, but il is not essential that any one
should in fact be thereby deceived.
5. In order to constitute forgery, the wri-
ting must, as made or altered, purport to be
the writing Of another party, than the per-
son making or altering the same except in
the case Of an alteration by the maker Of
writing, in which others have a property
or direct interest.
! 6. 1t is not necessary, in order 10 con-
stitute forgery that there should really be
any such other person or party as the VIII
ting purports. For example, the drawing a
bill Of exchange in the name Of fictitious
person is as much a forgery as if it had been
made in the name of one who was known TO
exist, and to whom credit was due.
! z. To constitute forgery, it is not essen
tial that the forged instrument should be so
made, that if genuine, it would be valid.
For example, It is forgery to fabricate any
false instrument on unstamp,d paper, which
by law requires stamp, or % make false
will of living person, notwithstanding it
can have no validity as a will until his death :
Provided, however, that it is essential to
constitute forgery, that the false instrument
should carry on its face, the semblance Of
that for which it was counterfeited, and that
il it should not be obviously invalid, void and
Of no effect.
s. The deceptive and fraudulently max
ing of ones own signature, as being that OF
another, the writing being such that others
might be thereby deceived and defrauded or
prejudiced, is forgery.
9. Whoever is guilty Of the forgery Of any
deed Of conveyance, lease, promissory note,
bill Of exchange, due bill, check, order or
request to pay money, or other writing
whatever, to the amount, or involving or
|, affecting the amount, or value of one hun
dred dollars or more, shall be punished by
Imprisonment at hard labor not more than
ten years and by fine not exceeding FIVE hun
dred dollars.
! 10. Whoever is guilty Of the forgery Of
any writing to an amount less than that spe-
cited in the preceding section, shall be pun
4 ished BY Imprisonment, at hard labor, not
more than FIVE years, and by fine not ex-
ceeding three hundred dollars.
!. IL. Whoever, knowing writing TO be
false or forged, shall deceptively offer, pass,
!. negotiate, assign or transfer the same, or
out the same into circulation, as being true
and genuine according to its apparent pur-
port, shall be subject to the punishment
above prescribed for the forgery OF such
writing.
I l2. The cancelling, destroying, secre-
ting, or obIiterating a writing, being ones
own or that of another, in which any other
person has any property or direc; interest,
;. with intent thereby to defraud any person,
or prejudice any one in his person, proper
ty, ights or interests, and whereby any
;, person might be defrauded or so preiudiced,
shall be subject to the penalty OF forgery
of the like writing: For example, fraudu-
len,ly destroying writing previously exc
cuted and delivered by the party destroying
the same, or destroying writing by tearing
off or abstracting part thereof.
! Is. The knowingly and fraudulently filling
| up signed blank otherwise than the party
filling up the same IS authorized by the
siguer or other persc1 empowered thereto,
h to gil up the same, with intent, in either
case, to defraud or prejudice such signer OF
any other person, and where such signer OF
another might be thereby defrauded or pre-
JUDGED is subject to the penalty for forgery
1 Of like writing. But this provision shall
no, affect the validity Of such writing as
against the parties liable thereon. The
knowingly and fraudulently utterng such
writing shall be subject to the penalty foI
uttering like forged writing.
i IA. The false and fraudulent alteration
Of a writing made by the party altering the
4 same, and previously passed or delivered,
the alteration being such as may tend TO de-
, ceive and defraud any person, is equivalent
to forgery of such writing, and shall be SUD-
4 ject to the like punishment.
Il Is. The fraudulently and deceitiul!y pro.
J curing signature to, or autbent.cat'on OF,
/ writing, under pretence tha, it is another
and different writing, whereby the person
s;on;no or authenticating the same is de-