finement to hard labour, not exceeding ten years, according to the aggravation of the offence.
Forgery of letters of attorney, certificates of stock of the United States, or certificates of stock of the Bank of the United States.Sec. 18. 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, any letter of attorney, or other authority or instrument to assign, transfer, sell, or convey any share or sum in the public stock or debt of the United States, or in the capital stock of the president, directors, and company of the Bank of the United States, or to receive any annuity or annuities, dividend or dividends, due or to become due on any such stock or debt; or to receive any pension, prize money, wages, or other debt or sum of money due, or to become due from the United States; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, or willingly aid or assist in forging or counterfeiting the name or names of any of the holders or proprietors of any such public stock or debt, or of any person entitled to any such annuity, dividend, pension, prize money, wages, or other debt or sum of money as aforesaid, in or to any such pretended letter of attorney, authority, or instrument; or shall, knowingly and fraudulently, demand, or endeavour to have or obtain such share or sum in such public stock or debt, or capital stock of the said bank, or to have any part thereof transferred, assigned, sold, or conveyed, or such annuity, dividend, pension, prize money, wages, or other debt or sum of money, or any part thereof, to be received or paid, by virtue of any such false, forged, or counterfeited letter of attorney, authority, or instrument; or shall falsely and deceitfully personate any true or real proprietor or holder of such share or sum in such public stock or debt, or capital stock of the said bank, or any person entitled to such annuity, dividend, pension, prize money, wages, or other debt or sum of money, as aforesaid, and thereby transferring or endeavouring to transfer such public stock or debt or capital stock of the said bank, or receiving, or endeavouring to receive the money of such true or lawful holder or proprietor thereof, or the money of such person or persons, really and truly entitled to receive such annuity, dividend, pension, prize money, wages, or other debt, or sum of money, as aforesaid, as if such offender were the true and lawful owner thereof, and entitled thereto; 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.[1]
Forging an abstract or official copy, &c. or certificate of the recording, &c. of any ship or vessel in the office of any collector of the customs.Act of April 30, 1790, sec. 14.Sec. 19. 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 instrument in imitation of, or purporting to be, an abstract or official copy, or certificate of the recording, registry, or enrolment of any ship or vessel, in the office of the collector of the cus-
- ↑ Indictment in the circuit court of North Carolina, for the forgery of, and an attempt to pass a certain paper writing, in imitation of, and purporting to be a bill or note, issued by the president and directors of the Bank of the United States, founded on the 18th section of the act of 1816, incorporating the Bank of the United States. The note was signed with the name of John Huske, who had not been, at any time, President of the Bank of the United States, but who, at the time of the counterfeit, was the president of the office of discount and deposit at Fayetteville; and was countersigned with the name of John W. Sanford, who at no time was the cashier of the mother bank, but who at the time of the counterfeiting was cashier of the said office of discount and deposit. Held, that this was an offence within the provisions of the law. The United States v. Turner, 7 Peters, 132.The policy of the act extends to such a case. The object is to guard the public from false and counterfeit paper; purporting on its face to be issued by the bank. It could not be presumed that persons in general could be cognisant of the fact, who, at particular periods, were the president and cashier of the bank. They were officers liable to be removed at the pleasure of the directors, and the times of their appointment or removal, or even their names, could not ordinarily be within the knowledge of the body of the citizens. The public mischief could be equally great, whether the names were those of the genuine officers, or of fictitious or unauthorized persons, and ordinary diligence would not protect them against imposition. Ibid.
