§ 881. Uttering forged instruments is forgery. A person who, knowing the same to be forged or altered, and with intent to defraud, utters, offers, disposes of or puts off as true, or has in his possession, with intent so to utter, offer, dispose of, or put off: 1. A forged seal or plate, or any impression of either; or, 2. A forged coin; or, 3. A forged will, deed, certificate, indorsement, record, instrument or writing, or other thing, the false making, forging, or altering of which is punishable as forgery, Is guilty of forgery in the same degree as if he had forged the same. Derivation: Penal Code, § 521. People v. Martin (1885), 36 Hun, 462, 3 N. Y. Cr. 122; People v. Adler (1893), 140 N. Y. 331, aff'g 53 N. Y. S. R. 936, 25 N. Y. Supp. 1132; People v. Wiman (1894), 9 Misc. 441, 29 N. Y. Supp. 1034, 85 Hun, 320, 32 N. Y. Supp. 1037, 148 N. Y. 29; People v. Underhill (1894), 142 N. Y. 38, 9 N. Y. Cr. 172, rev'g 75 Hun, 329, 26 N. Y. Supp. 1030; People v. Altman (1895), 147 N. Y. 473, rev'g 86 Hun, 568, 33 N. Y. Supp. 905; Marden v. Dorthy (1899), 160 N. Y. 56, aff'g 12 App. Div. 188, 42 N. Y. Supp. 827; People v. Alderdice (1907), 120 App. Div. 368; People v. Browne (1907), 103 N. Y. Supp. 903, 118 App. Div. 793, 21 N. Y. Cr. 93; People v. Mingey (1907), 118 App. Div. 652, 103 N. Y. Supp. 627, 21 N. Y. Cr. 110; see also People v. Camp, 17 N. Y. Supp. 396; Paige v. People, 3 Abb. Dec. 439, 3 Park, 683; Watson v. People, 64 Barb. 130; People v. Caton, 25 Mich. 392; Smith v. State, 20 Nebr. 284, 57 Am. Rep. 832. § 882. Falsely indicating person as corporate officer. The false making or forging of an instrument or writing, purporting to have been issued by or in behalf of a corporation or association, state or government, and bearing the pretended signature of any person, therein falsely indicated as an agent or officer of such corporation, is forgery in the same degree, as if that person were in truth such officer or agent of the corporation or association, state or government. Derivation: Penal Code, § 519. Manhattan Life Ins. Co. v. Railroad Co. (1893), 139 N. Y. 149. § 883. Uttering writing signed with wrong-doer's name. Whenever the false making or uttering of any instrument or writing is forgery in any degree, a person is guilty of forgery in the same degree, who, with intent to defraud, offers, disposes of, or puts off such an instrument or writing subscribed or indorsed in his own name, or that of any other person, whether such signature be genuine or fictitious, under the pretense that such subscription or indorsement is the act of another person of the same name, or of a person not in existence. Derivation: Penal Code, § 522. Manhattan Life Ins. Co. v. Railroad Co. (1893), 139 N. Y. 149; Third Nat. Bank v. Merchants' Nat. Bank (1894), 76 Hun, 475, 27 N. Y. Supp. 1070; People v. Browne (1907), 118 App. Div. 799, 103 N. Y. Supp. 903, 21 N. Y. Cr. 93. § 884. Forgery in first degree. A person is guilty of forgery in the first degree who with intent to defraud, forges: 1. A will or codicil of real or personal property, or the attestation thereof, or a deed or other instrument, being or purporting to be the act of another, by which any right or interest in property is or purports to be transferred, conveyed, or in any way charged or affected; or, 2. A certificate of the acknowledgment or proof of a will, codicil, deed, or other instrument, which by law may be recorded or given in evidence when duly proved or acknowledged, made or purporting to have been made by a court or officer duly authorized to make such a certificate; or, 3. A certificate, bond, paper writing, or other public security, issued or purporting to have been issued by or under the authority of this state, or of the United States, or of any other state or territory of the United States, or of any foreign government, country or state, or by any officer thereof in his official capacity, by which the payment of money is promised absolutely or upon. any contingency, or the receipt of any money or property is acknowledged, or being or purporting to be evidence of any debt. or liability, either absolute or contingent, issued or purporting to have been issued by lawful authority; or, 4. An indorsement or other instrument, transferring or purporting to transfer the right or interest of any holder of such a certificate, obligation, public security, evidence of debt or liability, or of any person entitled to such right or interest; or, 5. A certificate of stock, bond or other writing, bank note, bill of exchange, draft, check, certificate of deposit, or other obligation or evidence of debt, issued or purporting to be issued by any bank, banking association or body corporate existing under the laws of this state, or of the United States, or of any other state, government, or country, declaring or purporting to declare any right, title or interest of any person in any portion of the capital stock, or property of such a body corporate, or promising or purporting to promise or agree to the payment of money, or the performance of any act, duty, or obligation; or, 6. An indorsement or other writing, transferring or purporting to transfer the right or interest of any holder of such a certificate, bond, or writing obligatory, or of any person entitled to such right or interest. Derivation: Penal Code, § 509. People v. Corbin (1874), 56 N. Y. 363; Kerrains v. People (1875), 60 N. Y. 221, 19 Am. Rep. 158; Brown v. People (1876), 8 Hun, 562, aff'd 72 N. Y. 571; Mann v. People (1878), 15 Hun, 155, aff'g 75 N. Y. 486; Mayer v. People (1880), 80 N. Y. 364; People v. D'Argencour (1884), 95 N. Y. 624, 628, 2 N. Y. Cr. 267; People v. Dewey (1885), 35 Hun, 308; People v. Brie (1887), 43 Hun, 317, aff'd 105 N. Y. 618; People v. Everhardt (1887), 104 N. Y. 591, 6 N. Y. Cr. 232, aff'd 5 N. Y. Cr. Rep. 91, 25 W. Dig. 300; People v. De Kroyft (1888), 49 Hun, 71, 76, 1 N. Y. Supp. 692; People v. Altman (1895), 147 N. Y. 473, rev'g 86 Hun, 568, 33 N. Y. Supp. 905; People v. Wiman (1895), 148 N. Y. 29, 12 N. Y. Cr. 77, aff'd 85 Hun, 320, 32 N. Y. Supp. 1037; People v. Drayton (1901), 168 N. Y. 12, 14 N. Y. Cr. 141, rev'g 41 App. Div. 40, 58 N. Y. Supp. 439; People v. Filkin (1903), 83 App. Div. 589, 82 N. Y. Supp. 15, 17 N. Y. Cr. 348; People v. Weaver (1903), 177 N. Y. 434, rev'g 81 App. Div. 567, 81 N. Y. Supp. 519; People v. Alderdice (1907), 120 App. Div. 368; People v. Colmey (1907), 188 N. Y. 573, aff'g 116 App. Div. 516, 101 N. Y. Supp. 1016; People v. Browne (1907), 118 App. Div. 799, 103 N. Y. Supp. 903; see also Billings v. State, 107 Ind. 54, 57 Am. Rep. 77; Bough v. People, 1 Week. Dig. 182; Conner's Case, 3 City Hall Rec. 59; People v. Flanders, 18 Johns. 163; People v. Harrison, 8 Barb. 560; People v. Jones, 27 N. Y. Week. Dig. 222; Paige v. People, 3 Abb. Dec. 439, 488, 6 Park, 683; People v. Peacock, 6 Cow. 72; People v. Stearns, 21 Wend. 409; Vincent v. People, 5 Park, 88; State v. Wheeler, 43 Alb. L. J. 257; Rex v. Arscott, 6 Car. & Payne, 408, 2 Bish. Cr. Law (7th ed.), and sec. 582, 2 Whart. Cr. Law (7th ed.), sec. 1432, 2 Arch. Crim. Pr. & Pl. (7th ed.), 819, Pomeroy's ed. of Arch., vol. 2, p. 1584; Abbott v. Rose, 62 Me. 194; Com. v. Baldwin, 11 Gray, 197; Barton v. State, 23 Wis. 587; State v. Benham, 7 Com. 414; People v. Blake, 65 Cal. 275; Heilbronner's Case, 1 Park, 149; U. S. v. Long, 30 Fed. 678; Com. v. McDonald, 5 Cush. 365; State v. McKiernan, 17 Nev. 228; Rex v. Story, Russ & Ryan, 81; Queen v. White, 1 Den. Cr. Cas. 208, 2 Cox Cr. Cas. 210, 2 C. & K. 404; Withaup v. United States, 127 Fed. 532; State v. Young, 46 N. H. 266. § 885. False certificate to certain instruments is forgery. An officer authorized to take the proof or acknowledgment of an instrument which by law may be recorded, who wilfully certifies falsely that the execution of such an instrument was acknowledged by any party thereto, or that the execution of any such instrument was proved, is guilty of forgery in the first degree. Derivation: Penal Code, § 510. People v. Hayes (1893), 24 N. Y. 201, 70 Hun, 111, 24 N. Y. Supp. 194; Albany County Savings Bank v. McCarty (1896), 149 N. Y. 82, rev'g 71 Hun, 227, 24 N. Y. Supp. 991; Marden v. Dorthy (1899), 160 N. Y. 56, aff'g 12 App. Div. 188, 42 N. Y. Supp. 827. § 886. Punishment for forgery in first degree. Forgery in the first degree is punishable by imprisonment for a term not exceeding twenty years. Derivation: Penal Code, § 523, amended L. 1892, ch. 662, § 14. 887. Forgery in second degree. A person is guilty of forgery in the second degree who, with intent to defraud: 1. Forges the great or privy seal of this state, the seal of any court of record, or of any public office or officer authorized by law, or of any body corporate created by or existing under the laws of this state, or of the United States, or of any other state or any territory of the United States, or of any other state, government, or country, or any impression of such a seal; or any gold or silver coin, whether of the United States, or of any foreign state, government or country; or, 2. Forges a record of a will, conveyance, or instrument of any kind, the record of which is by the law of this state made evidence, or of any judgment, order, or decree of any court or officer, or a certified or authenticated copy thereof; or, A judgment roll, judgment, order, or decree of any court or officer, or an enrollment thereof, or a certified or authenticated. copy thereof, or any document or writing purporting to be such judgment, order, decree, enrollment, or copy; or, An entry made in any book of record or accounts, kept by or in the office of any officer of this state, or of any village, city, town, or county of the state, by which any demand, claim, obligation, or interest, in favor of or against the people of the state, or any city, village, town or county, or any officer thereof, is or purports to be created, increased, diminished, discharged, or in any manner affected; or an entry made in any book of records. or accounts kept by a corporation doing business within the state, or in any account kept by such a corporation, whereby any pecuniary obligation, claim, or credit is or purports to be created, increased, diminished, discharged, or in any manner affected; or, An instrument, document, or writing, being or purporting to be, a process or mandate issued by a competent court, magistrate, or officer of the state, or the return of an officer, court or tribunal, to such a process or mandate; or a bond, recognizance, undertaking, pleading, or proceeding, filed or entered in any court of the state, or a certificate, order or allowance by a competent court, or officer, or a license or authority granted pursuant to any statute of the state or a certificate, document, instrument, or writing, made evidence by any law or statute; or, An instrument or writing, being or purporting to be the act of another, by which a pecuniary demand or obligation is or purports to be or to have been created, increased, discharged, or diminished, or in any manner affected, or by which any rights or property whatever are or purport to be or to have been created, transferred, conveyed, discharged, increased, or diminished, or in any manner affected, the punishment for forging, altering, or counterfeiting which is not herein before prescribed, by which false making, forging, altering, or counterfeiting, any person may be bound, affected or in any way injured in his person or property; or, 3. Makes or engraves a plate in the form or similitude of a promissory note, bill of exchange, bank note, draft, check, certificate of deposit, or other evidence of debt, issued by a banker, or by any banking corporation or association, incorporated or carrying on business under the laws of the state, or of the United States, or of any other state or territory of the United States, or of any foreign government, or country, without the authority of such banker, or banking corporation or association; or, Without like authority, has in his possession or custody such a plate, with intent to use, or permit the same to be used, for the purpose of taking therefrom any impression to be uttered; or, Without like authority, has in his possession or custody any impression taken from such a plate, with intent to have the same filled up and completed for the purpose of being uttered; or, |