fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty days nor more than six months, or by both fine and imprisonment; Provided, that prosecutions under said section may be commenced at any time within seven years from the time of the delivery to the purchaser of the fruit trees, plants or shrubs therein mentioned. (2707, R. L. 1910.)

1243. Removing or Destroying Mortgaged Chattels-Any mortgagor of personal property, or his legal representative, who, while such mortgage remains in force and unsatisfied, conceals, sells or in any manner disposes of such property, or any part thereof, or removes such property, or any part thereof, beyond the limits of the county, or materially injures or wilfully destroys such property, or any part thereof, without the written consent of the holder of such mortgage, shall be deemed guilty of a felony, and shall upon conviction, be punished by imprisonment in the penitentiary for a period not exceeding three years or in the county jail not exceeding one year, or by a fine of not to exceed five hundred dollars; provided, that the writing containing the consent of the holder of the mortgage, as before specified, shall be the only competent evidence of such consent, unless it appear that such writing has been lost or destroyed. (2755, R. L. 1910.)

Disposition of property under former mortgage. W. J. Neal v. State, 14 Okla. Cr. 121.

1244. Bogus Checks-Every person who, with intent to cheat and defraud, shall obtain, or attempt to obtain, from any other person or persons, any money, property, or valuable thing, by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense or by any other means or instrument or device, commonly called the "confidence game," or by means or by use of any false or bogus check, or by any other written or printed or engraved instrument or spurious coin or metal, shall be deemed guilty of a felony, and, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding seven years. (S. L., 1913, 112.)

Information approved. Douglas v. State, 15 Okla. Cr. 648, 179 P. 947.

1245. Forgery of Wills and Deeds--Any person who, with intent to defraud, forges, counterfeits or falsely alters:

First: Any will or codicil of real or personal property, or any deed or other instrument being or purporting to be the act of another, by which any right or interest in real property is, or purports to be, transferred, conveyed or in any way changed or affected; or,

Second: Any certificate or indorsement of the acknowledgement by any person of any deed or other instrument which by law may be recorded or given in evidence, made or purporting to have been made by any officer duly authorized to make such certificate or indorsement; or,

Third: Any certificate of the proof of any deed, will, codicil or other instrument which by law may be recorded or given in evidence made or purporting to have been made by any court or officer duly authorized to make such certificate, is guilty of forgery in the first degree. (2621, R. L. 1910.) Description of forged instrument, see sec. 401.

Proof of issue, see sec. 207.

See description of forged deed and the parties thereto. Wishard v. State, 5 Okla. Cr. 610.

Not necessary that a forged instrument be capable of deceiving a third party. Sufficient if the instrument is or purports to be the act of another. McDonald v. State, 12 Okla. Cr. 144, 152 P. 610.

The state must establish beyond a reasonable doubt that the forged instrument, upon its face, complies with all the requirements of law to make it a valid document. Bell v. State, 12 Okla. Cr. 453, 148 P. 402.

A person present at the forgery of a deed, aiding and abetting such forgery, is a principal. Cudjoe v. State, 12 Okla. Cr. 246, 154 P. 500. 1246. Forgery of Public Securities-Any person who, with intent to defraud, forges, counterfeits, or falsely alters:

First: Any certificate or other public security, issued or purporting to have been issued under the authority of this State, by virtue of any law thereof, by which certificate or other public security, the payment of any money absolutely or upon any contingency is promised, or the receipt of any money or property acknowledged; or,

Second: Any certificate of any share, right or interest in any public stock created by virtue of any law of this State, issued or purporting to have been issued by any public officer, or any other evidence of any debt or liability of the people of this State, either absolute or contingent, issued or purporting to have been issued by any public officer; or,

Third: Any indorsement or other instrument transferring or purporting to transfer the right or interest of any holder of any such certificate, public security, certificate of stock, evidence of debt or liability, or of any person entitled to such, right or interest, is guilty of forgery in the first degree. (2622 R. L. 1910)

1247. Forgery of Public and Corporate Seals-Any person who, with intent to defraud, forges, or counterfeits the great or privy seal of this State, the seal of any public office authorized by law, the seal of any court of record, or the seal of any corporation created by the laws of this State, or of any other state, government or country, or any other public seal authorized or recognized by the laws of this State or of any other state, government or country, or who falsely makes, forges or counterfeits any impression purporting to be the impression of any such seal, is guilty of forgery in the second degree. (2623 R. L. 1910) .

1248. False Certificate of Acknowledgment-If any officer authorized to take the acknowledgment or proof of any conveyance of real property, or of any other instrument which

by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto, or was proved by any subscribing witness, when in truth such conveyance or instrument was not acknowledged or proved as certified, he is guilty of forgery in the second degree. (2626 R. L. 1910.)

1249. False Bank Note Plates-Any person who makes or engraves, or causes or procures to be made or engraved, any plate in the form or similitude of any promissory note, bill of exchange, draft, check, certificate of deposit or other evidence of debt issued by any banking corporation or association, or individual banker, incorporated or carrying on business under the laws of this State, or of any other state, government or country, without the authority of such bank, or has or keeps in his custody or possession any such plate, without the authority of such bank, with intent to use or permit the same to be used for the purpose of taking therefrom any impression, to be passed, sold or altered, or has or keeps in his custody or possession, without the authority of such bank, any impression taken from any such plate with intent to have the same filled up and completed for the purpose of being passed, sold, or altered; or makes or causes to be made, or has in his custody or possession, any plate upon which are engraved any figures or words, which may be used for the purpose of falsely altering any evidence of debt issued by any such bank, with intent to use the same, or permit the same to be used for such purpose, is guilty of forgery in the second degree. (2627 R. L. 1910.)

1250. Imitation of Genuine Bank Note Defined-Every plate specified in the last section shall be deemed to be in the form and similitude of the genuine instrument imitated, in either of the following cases:

First: When the engraving on such plate resembles and conforms to such parts of the genuine instrument as are engraved; or,

Second: When such plate is partly finished, and the part so finished resembles and conforms to similar parts of the genuine instrument. (2628 R. L. 1910.)

1251. Issuing Spurious Certificate of Stock-Any officer or agent of any corporation or joint stock association formed or existing under or by virtue of the laws of this State, or of any other state, government or country, who, within this State, wilfully signs or procures to be signed, with intent to

issue, sell or pledge, or cause to be issued, sold or pledged, or who wilfuly issues, sells or pledges, or causes to be issued, sold or pledged, any false or fraudulent certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation or association, whether of full paid shares or otherwise, or of any interest in its property or profits, or of any certificate or other evidence of such ownership, transfer or interest, or any instrument purporting to be a certificate or other evidence of such ownership, transfer or interest, the signing, issuing, selling or pledging of which has not been duly authorized by the board of directors or other managing body of such corporation or association having authority to issue the same, is guilty of forgery in the second degree. (2632, R. L. 1910.)

1252. Reissuing Cancelled Certificate of Stock-Any officer or agent of any corporation or joint stock association formed or existing under or by virtue of the laws of this State, or of any other state, government or country, who, within this State, wilfully reissues, sells or pledges or causes to be reissued, sold or pledged; any surrendered or cancelled certificate, or other evidence of the ownership or transfer of any share or shares of the capital stock of such corporation or association or of any interest in its property or profits with intent to defraud, is guilty of forgery in the second degree. (2633, R. L. 1910.)

1253. Forging Process of Court or Title to Property, etc.— Any person who, with the intent to defraud, falsely marks, alters, forges or counterfeits:

First: Any instrument in writing, being or purporting to be any process issued by any competent court, magistrate, or officer, or being or purporting to be any pleading, proceeding, bond or undertaking filed or entered in any court, or being or purporting to be any license or authority authorized by any statute; or,

Second: Any instrument of writing, being or purporting to be the act of another by which any pecuniary demand, or obligation is, or purports to be created, increased, discharged or diminished, or by which any rights or property whatever, are or purport to be, transferred, conveyed, discharged, diminished, or in any manner affected, the punishment of which is not hereinbefore prescribed, by which false marking, altering, forging or counterfeiting, any person may be affected, bound or in any way injured in his person or property, is guilty of forgery in the second degree. (2637, R. L. 1910.)