1[Explanation
1.
It is not essential to counterfeiting that the imitation should be exact.
Explanation. 2. When a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary
is proved, that the person so causing the one thing to resemble the other thing intended by means of
that resemblance to practise deception or knew it to be likely that deception would thereby be
practised.]
29. ―Document‖. The word ―document‖ denotes any matter expressed or described upon any
substance by means of letters, figures or marks, or by more than one of those means, intended to be
used, or which may be used, as evidence of that matter.
Explanation 1.-It is immaterial by what means or upon what substance the letters, figures or
marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or
not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the
contract, is a document.
A cheque upon a banker is a document.
A Power-of-Attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a
document.
A writing containing directions or instructions is a document.
Explanation 2. Whatever is expressed by means of letters, figures or marks as explained by
mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the
meaning of this section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the
endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The
endorsement is a document, and must be construed in the same manner as if the words "pay to the
holder" or words to that effect had been written over the signature.
30. ―Valuable security‖. The words ―valuable security‖ denote a document which is, or purports
to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished
or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain
legal right.
Illustration
"A writes his name on the back of a bill of exchange. As the effect of this endorsement is to
transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is
a ―valuable security‖.
31. ―A will‖. The words ―a will‖ denote any testamentary document.
1Subs.
by the Metal Tokens Act, 1889 (1 of 1889), s.9., for the original Explanations.
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