Extracts From the Projected Penal Code: Containing the Fourth Section of the Thirteenth Chapter, Third Book, Entitled "of Offences Which Affect Written Contracts"

by Edward Livingston

Excerpt from Extracts From the Projected Penal Code

I have, therefore, characterised them as offences affecting writ ten contracts, and annexed to them different measures of punish ment, proportioned to the offence; but have not considered them as forgeries. In the definition I have offered of forgery, the in tent to defraud, is equivalent to the actual completion of that part of the offence; in that the new plan coincides with the present system; but it differs from it in this; that no particular person need to be assigned, as the one on whom the fraud was intended to be practised. The necessity for this designation, and the un certainty of the proof, leads now to the escape of the guilty; but although the allegations of fraud be general, it can never injure the innocent; for if it does not appear from the instrument, it must always be strictly proved. An inspection of the different ar ticles of this chapter will render any further exposition of them here unnecessary; if its provisions are well drawn, it. Provides for all. Those offences. Of written contracts, which have been deemed worthy of punishment by the English law, or which require it under our state of society. The falsifi cation of other writings not affecting property, such as public re cords and other official acts, is provided for in other parts of the Code....

41 pages, Hardcover

Published August 24, 2018

About the author

Edward Livingston was an American jurist and statesman. He was an influential figure in the drafting of the Louisiana Civil Code of 1825, a civil code based largely on the Napoleonic Code. He represented both New York, and later Louisiana in Congress and he served as the U.S. Secretary of State from 1831 to 1833.