FORGE

10 definitions found across Law Mind sources

FORGEAuthored
The Law Mind • 1143 words
Definition
To forge, in law, means to fabricate a false instrument or document — or to alter a genuine one — with intent to deceive and defraud. The term operates primarily as a verb describing the act that gives rise to the crime of forgery, though it also functions as a noun describing the physical place where metals are worked (a meaning irrelevant to legal contexts). Three core acts satisfy the legal definition of forging: 1. Making a document that purports to be what it is not — that is, creating a false instrument in the similitude of a genuine one. 2. Altering a genuine document without authority so as to change its legal effect. 3. Passing off either kind of spurious instrument as genuine, or fraudulently substituting it for the authentic article. The intent to defraud is essential. Fabricating a false document for an innocent purpose — a theatrical prop, for instance — does not forge in the legal sense. The spurious article must be capable of deceiving, and the maker must intend it to do so.
Common Language
Modern common usage (Wiktionary): A forge is a furnace or hearth where metals are heated prior to hammering into shape; a workshop where metals are worked by heat and hammer; or, colloquially, a collaborative software platform. Historical common usage (Webster's 1913): A place or establishment where iron or other metals are wrought by heating and hammering — a smithy or furnace shop. The gap between common and legal meaning here is complete. Ordinary English uses forge almost exclusively as a noun describing a metalworking workshop. Legal English uses it almost exclusively as a verb meaning to fabricate or counterfeit a document with fraudulent intent. Burrill's notes the metaphor directly: the word is borrowed from the smith's occupation, meaning originally only "to make or form," but in law it is always taken in an evil sense. Researchers encountering forge in a legal text should read it as the criminal act, not the workshop.
Common Confusion
FORGE vs. COUNTERFEIT: These terms overlap but are not identical. To counterfeit typically addresses the imitation of currency, official seals, or government instruments and is often governed by distinct statutory schemes. To forge is broader, reaching any written instrument — contracts, wills, deeds, endorsements — whose false execution could prejudice legal rights. In some historical sources, counterfeit and forge are used interchangeably; modern statutory law tends to separate them. Researchers should check whether the source jurisdiction treats the two as distinct offenses or as a single category. FORGE vs. UTTER: Forging is the act of making or altering the false instrument. Uttering is the act of putting it into circulation — offering or passing it as genuine. Both are typically criminal, but they are separate acts and historically charged as separate offenses. A person may utter a forged instrument without having forged it, and vice versa.
Why It Matters in Research
The verb to forge anchors the law of forgery, so researchers working on fraud, criminal law, or historical property disputes will encounter it constantly. Several navigational points matter: First, the scope of what can be forged has expanded over time. Early common law confined forgery to instruments affecting property rights — deeds, bonds, negotiable instruments, wills. Later statutory development extended it to a wide range of public and private documents. A historical source treating forge narrowly may not reflect the fuller modern offense. Second, the intent requirement is a recurring analytical pivot. Historical dictionary definitions uniformly require intent to defraud, but the precise mental state needed — and whether attempt suffices — varies across jurisdictions and periods. Researchers should not assume a uniform standard. Third, alteration of a genuine instrument is treated as forging in most authorities, but some older sources distinguish between making a false instrument from whole cloth and materially altering a genuine one. Bouvier's captures the dual structure explicitly: forging covers both making a document purporting to be what it is not, and altering a document without authority. Not every historical source is equally clear on this point. Fourth, the corpus will contain forge used in property and conveyancing contexts where the allegation is that a deed or signature was forged — which throws the instrument into question and may implicate related doctrines of bona fide purchaser and notice. Connecting forgery questions to those adjacent areas is often necessary for complete research.
Historical Dictionary Support
The core definition is consistent across all five source dictionaries. Black's (both editions), Bouvier's, and Burrill's converge on fabrication in imitation of a genuine instrument with intent to defraud. Burrill's adds the most texture, flagging the metalworking etymology and making explicit that in law the word carries an exclusively evil sense — a useful reminder when reading older texts where the word might appear in non-legal contexts. Bouvier's is the most precise structurally, breaking forging into its two principal acts (making a false instrument; altering a genuine one) and adding that the false instrument must be one by which one person could be obligated to another — a limitation that points toward the common law requirement that the instrument have apparent legal efficacy. An instrument incapable of defrauding anyone, because no reasonable person would credit it, traditionally could not be the subject of forgery. Anderson's entry retrieved under this headword addresses forfeiture rather than forge, suggesting a retrieval or indexing artifact in that source. Researchers should not rely on Anderson's as support for the forge definition specifically. Historical dictionaries collectively say little about digital or electronic documents. That gap is significant: modern forgery statutes in most jurisdictions have been extended to electronic records and digital signatures, a development entirely absent from the historical shelf sources.
Jurisdictional Note
The elements of forge and the resulting forgery offense are substantially statutory in modern practice, and the documents covered, mental state required, and gradations of offense (felony vs. misdemeanor) vary by jurisdiction. Common law forgery was narrower than most contemporary statutory schemes. Researchers working across jurisdictions should verify the applicable statute rather than relying on common law definitions alone.
Encyclopedia Cross-Reference
Law Mind Encyclopedia — Forgery Law Mind Encyclopedia — Fraud and Deceit Law Mind Encyclopedia — Negotiable Instruments
Related Terms
Forgery (the completed offense arising from the act of forging) Utter / Uttering a Forged Instrument (the offense of circulating the forged document) Counterfeit (overlapping concepttypically specific to currency and official instruments) False Instrument (the product of the act of forging) Fraud (the broader category of intentional deception for gain) Alteration (material change to a genuine instrument; may constitute forging) Simulation (civil law analog involving imitation of a genuine act) Bona Fide Purchaser (doctrine implicated when forged instruments pass through commerce)
FORGEmain
Black's Law Dictionary • 1891
To fabricate, construct, or pre- pare one thing in imitation of another thing, with the intention of substituting the false for the genuine, or otherwise deceiving and defrauding by the use of the spurious article To counterfeit or make falsely. Especially, to make a spurious written instrument with the intention of fraudulently substituting it for another, or of passing it off as genuine; or to fraudulently alter a genuine instrument to another's prejudice; or to sign another person's name to a document, with a deceit- ful and fraudulent intent. To forge (a metaphorical expression, borrowed from the occupation of the smith) means, properly speaking, no more than to make or form, but in our law it is always taken in an evil sense. 2 East, P. C. p. 852, c. 19, § 1. To forge is to make in the likeness of something else; to counterfeit is to make in imitation of something else, with a view to defraud by passing the false copy for genuine or original. Both words, "forged" and "counterfeited," convey the idea of similitude. 42 Me. 392. In common usage, however, forgery is almost always predicated of some private instrument or writing, as a deed, note, will, or a signature; and counterfeiting denotes the fraudulent imitation of coined or paper money or some substitute there- for.
FORGEmain
Anderson's Dictionary of Law • 1890
as a punishment inflicted for a violation of some duty enjoined by law; whereas individuals can only make it a matter of contract.1 Provisions for forfeiture are regarded with disfavor and construed with strictness - when applied to contracts, and the forfeiture relates to a matter admitting of compensation or restoration; but there is no leaning against a forfeiture intended to secure the construction of public works where compensation cannot be made for the default, nor where the forfeiture is imposed by positive law.? The fraudulent making of a false writing, which, if genuine, would be apparently of some legal efficacy.1 May be committed as to any writing, which, if genuine, would operate as the foundation of another man's liability, or the evidence of his right.2 Imports a false making (which includes every alteration of or addition to a true inwritten instrument for the purpose of fraud and deceit: with intent to deceive. 3 Where an act works a forfeiture of goods, the gov- strument) -a making malo animo, of any ernment may at once seize them. Where an absolute forfeiture is the penalty, title accrues in the government when the penal act is committed. But where the forfeiture is in the alternative (property, or its value), title does not vest till an election is made.4 Where property is seized for condemnation for forfeiture, some notification of the proceedings, beyond the mere seizure, may be necessary. Failure to pay a premium of life insurance (q. v.) at the time specified involves an absolute forfeiture, for which, unless waived by the company, relief cannot be had. See WAR. Forfeitures for common-law offenses have been generally abolished. See ATTAINDER; BOND; CHARTER, 2; CONDITION; DOWER; FELONY; LAND, Public; PARDON; PENALTY; RECOGNIZANCE; SEARCH-WARRANT. 1. A mechanical contrivance by which iron is made or manufactured from the ore. But a blacksmith's forge is not a "forge or furnace for manufacturing iron." 8 2. To make in the likeness of something else. Compare FABRICATE. Forger. A person guilty of forgery. Forgery. At common law, the fraudulent making or alteration of a writing to the prejudice of another man's right.10 "The word is taken metaphorically from the smith, who beateth upon his anvil and forgeth what fashion and shape he will." 11 In common speech, also, the altered instrument itself. 1 Maryland v. Baltimore, &c. R. Co., 3 How. 552 (1845), Taney, C. J. 2 Farnesworth v. Minnesota, &c. R. Co., 92 U. S. 68 (1875), Field, J.; 2 Story, Eq. § 1326. 3 Henderson's Spirits, 14 Wall. 56 (1871), cases; Thatcher's Spirits, 103 U. S. 682 (1880). The Mary Celeste, 2 Low. 356 (1874), cases. 5 Windsor v. McVeigh, 93 U. S. 274 (1876). New York Life Ins. Co. v. Statham, 93 U. S. 24, 30 (1876): 100 Pa. 180. As to fire insurance, see Smith v. St. Paul Fire & Mar. Ins. Co., 3 Dak. T. 80 (1882). F. forge: L. fabrica, a workshop; faber, a workman, smith: fa-, to make. * [Rogers v. Danforth, 9 N. J. E. 296 (1853). State v. McKenzie, 42 Me. 394 (1856). 104 Bl. Com. 247; L. R., 1 C. C. R. *203. 113 Coke, Inst. 169. In general terms, forgery is the false making or material alteration of, or addition to, a written instrument for the purpose of fraud and deceit. It may be - the making of a false writing purporting to be that of another; the alteration in some material particular of a genuine instrument by a change of its words or figures; the addition of some material provision to an instrument otherwise genuine; the appending of a genuine signature to an instrument for which it was not intended. The false writing may purport to be the instrument of a person or firm existing or fictitious; or of a person having the same name as the accused. As a rule, it must purport to be the writing of another than the person who made it.4 May be committed by making a note in the name of a fictitious person, in an assumed name, or in the name of a bank which does not exist. It is not necessary that the note be one which, if genuine, would be a valid and binding obligation. It is sufficient that the instrument purports to be good. To relieve from the character of forgery, the want of validity must appear upon the face of the paper itself. It is immaterial whether the forgery is committed by means of printing, stamping, an engraved plate, or by writing with a pen. 12 Bishop, Cr. L. §§ 524, 523, note. 23 Greenl. Ev. § 103, cases. 3 Rex v. Coogan, 2 East, P. C. 852-53 (1803): Commonwealth v. Ayer, 3 Cush. 152 (1849); Garner v. State, 5 Lea, 215 (1880); Statev. McKiernan, 17 Nev. 228 (1882). 4 Commonwealth v. Baldwin, 11 Gray, 198 (1858), Thomas, J. United States v. Turner, 7 Pet. *134 (1833); United States v. Mitchell, Baldw. 366 (1831); 11 F. R. 55. • Benson v. McMahon, 127 U. S. 467-71 (1888), cases. Benson, by falsely representing himself in the City of Mexico as Marcus Meyer, agent for Henry E. Abbey, under whom Adelina Patti was to appear at the Teatro Nacional, in December, 1886, sold $25,000 to $30,000 worth of tickets of admission. In February, 1888, Benson was arrested in the city of New York, and committed for his return to Mexico, in accordance with the extradition treaty of 1861, the circuit court having refused to release him upon a writ of habeas corpus. "About the only contest" made by him before the Supreme Court was that the tickets were not forgeries, mainly because the name of Mr. Abbey, who was represented as having authorized their issue and sale, was not "in writing," i. e., made in script, by the use of a pen. Ib. 464-65.
FORGEmain
Burrill's Law Dictionary • 1867
[L. Fr. fauxer, fauser, faucher, forger; L. Lat. falsare, fabricare.] In criminal law. To make or fabricate a thing in imitation of another, with a view to deceive and defraud; to make falsely; to counterfeit.* To forge (a metaphorical expression, borrowed from the occupation of the smith,) means, properly speaking, no more than to make or form, but in our law it is always taken in an evil sense. East's P. C. 852, c. 19, § 1. The French fauxer or fauser, however, (from faux, false,) which is a term employed by Britton, always radically imported a false making, and may have been the origin of the English word, instead of forger, to fashion, (q. v.) To forge and to counterfeit are constantly used both in ancient and modern law, as synonymous terms. Thus, de fauseours qui ount nostre monoy countrefait; of forgers who have counterfeited our money. Britt. c. 4. See Forgery. The former, however, is usually applied to writing or written instruments, the latter to other subjects of imitation, especially money. Thus, we say "a forged deed," "a forged check," a forged signature," a forged endorsement;" and "a counterfeit coin,” “a counterfeit bank note." 99 66
FORGEn.
Websters Unabridged Dictionary (1913) • 1913
A place or establishment where iron or other metals are wrought by heating and hammering; especially, a furnace, or a shop with its furnace, etc., where iron is heated and wrought; a smithy. In the quick forge and working house of thought. Shak. The works where wrought iron is produced directly from the ore, or where iron is rendered malleable by puddling and shingling; a shingling mill. The act of beating or working iron or steel; the manufacture of metalic bodies. [Obs.] In the greater bodies the forge was easy. Bacon. American forge, a forge for the direct production of wrought iron, differing from the old Catalan forge mainly in using finely crushed ore and working continuously. Raymond. -- Catalan forge. (Metal.) See under Catalan. -- Forge cinder, the dross or slag form a forge or bloomary. -- Forge rolls, Forge train, the train of rolls by which a bloom is converted into puddle bars. -- Forge wagon (Mil.), a wagon fitted up for transporting a blackmith's forge and tools. -- Portable forge, a light and compact blacksmith's forge, with bellows, etc., that may be moved from place to place.
FORGEv.
Websters Unabridged Dictionary (1913) • 1913
To form by heating and hammering; to beat into any particular shape, as a metal. Mars's armor forged for proof eterne. Shak. To form or shape out in any way; to produce; to frame; to invent. Those names that the schools forged, and put into the mouth of scholars, could never get admittance into common use. Locke. Do forge a life-long trouble for ourselves. Tennyson. To coin. [Obs.] Chaucer. To make falsely; to produce, as that which is untrue or not genuine; to fabricate; to counterfeit, as, a signature, or a signed document. That paltry story is untrue, And forged to cheat such gulls as you. Hudibras. Forged certificates of his . . . moral character. Macaulay.
FORGEv.
Websters Unabridged Dictionary (1913) • 1913
To commit forgery. To move heavily and slowly, as a ship after the sails are furled; to work one's way, as one ship in outsailing another; -- used especially in the phrase to forge ahead. Totten. And off she [a ship] forged without a shock. De Quincey.
forgenoun
Wiktionary (English) • 2026
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A furnace or hearth where metals are heated prior to hammering them into shape. | A workshop in which metals are shaped by heating and hammering them. | The act of beating or working iron or steel. | A web-based collaborative platform for developing and sharing software.
forgeverb
Wiktionary (English) • 2026
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To shape a metal by heating and hammering. | To form or create with concerted effort. | To create a forgery of; to make a counterfeit item of; to copy or imitate unlawfully. | To make falsely; to produce, as that which is untrue or not genuine; to fabricate.
forgeverb
Wiktionary (English) • 2026
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To move forward heavily and slowly (originally as a ship); to advance gradually but steadily; to proceed towards a goal in the face of resistance or difficulty. | To advance, move or act with an abrupt increase in speed or energy.

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