dred and sixteen, or in any office of discount and deposit, established by the directors of said bank in any state or territory of the United States, shall feloniously take, steal, and carry away any money, goods, bond, bill, bank note, or other note, check, draft, treasury note, or other valuable security or effect, belonging to said bank, or deposited in said bank; or, if any person so employed as president, cashier, clerk, or servant, shall fraudulently embezzle, secrete, or make away with any money, goods, bond, bill, bank note, or other note, draft, treasury note, or other valuable security or effects, which he shall have received, or which shall come to his possession or custody by virtue of such employment: every person so offending shall be deemed guilty of felony, and shall, on conviction thereof, be punished, by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence.
Forgery of treasury notes, or other public security of the United States.Act of April 30, 1790, ch. 9, sec. 14.Sec. 17. And be it further enacted, That, if any person or persons shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting, any paper, writing, or instrument, in imitation of, or purporting to be, an indent, certificate of the public stock, or debt, treasury note, or other public security of the United States, or any letters patent, issued or granted by the President of the United States, or any bill, check, or draft for money drawn by, or on the treasurer of the United States, or by, or on, any other public officer or agent of the United States, duly authorized to make, draw, accept, or pay the same, on behalf and for account of the United States,[1] or if any person or persons shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any such false, forged, or counterfeited paper, writing, or instrument, knowing the same to be false, forged, or counterfeited, with intent to defraud the United States, or any body politic or corporate, or any other person or persons whatsoever; or if any person or persons shall falsely alter any indent, certificate of the public stock, or debt, treasury note, or other public security of the United States, or any letters patent, issued or granted by the President of the United States, or any bill, check, or draft for money drawn by or on the treasurer of the United States, or any other public officer or agent of the United States, duly authorized to make, draw, accept, or pay such bill, check, or draft, or if any person or persons shall pass, utter, or publish, or attempt to pass, utter, or publish, as true and unaltered, any such falsely altered indent, certificate, treasury note, or other public security, letters patent, or bill, check, or draft, knowing the same to be falsely altered, with intent to defraud the United States, or any body politic or corporate, or any person or persons whatsoever,[2] every such person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and con-
- ↑ Forgeries under te laws of the United States must be tried in the district where the crime is committed. The United States v. Britton, 2 Mason’s C. C. R. 464.
In an indictment for forgery, it is in general necessary to set forth the tenor of the instrument, and it must be proved as set forth. Ibid.
- ↑ Passing a paper is putting it off on payment or exchange. Uttering it, is a declaration that it is good, with an intent to pass, or an offer to pass it. United States v. Mitchell et al., Baldwin’s C. C. R. 366.
The party accused of passing or uttering counterfeit paper, must be present when the act is done, privy to it, or aiding, consenting, or procuring it to be done. If done by consent, all are equally guilty. Ibid.
Passing a counterfeit note in the name of a fictitious person, an assumed name, or on a bank which never existed, is within the law. It is not necessary that the note, if genuine should be valid, if on its face it purports to be good. The want of validity must appear on its face. Ibid.
The possession of other counterfeit papers, by the defendant, or a confederate, at the time of passing counterfeit notes, is evidence of the scienter. Ibid.
The law presumes the intention of passing counterfeit paper, to be to defraud any person who may suffer a loss by receiving it as genuine. The United States v. Shellmire, Baldwin’s C. C. R. 370.
Intoxication is no defence to a charge of passing counterfeit bank notes, if the defendant was possessed of his reason, and was capable of knowing whether the note so passed was good or bad. Ibid.
