United States Statutes at Large/Volume 2/9th Congress/2nd Session/Chapter 20
Chap. XX.—An Act to punish frauds committed on the Bank of the United States.[1]
Act of April 10, 1816, ch. 44, sec. 18.
Punishment for falsely making, forging, or counterfeiting notes of the Bank of the U. States.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person 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 bill or note in imitation of, or purporting to be a bill or note issued by order of the president, directors and company of the Bank of the United States, or any order or check on the said bank or corporation, or any cashier thereof, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering any bill or note issued by order of the president, directors and company of the Bank of the United States, or any order or check, on the said bank or corporation, or any cashier thereof, or shall pass, utter or publish, or attempt to pass, utter or publish as true, any false, forged, or counterfeited bill, or note, purporting to be a bill, or note, issued by order of the president, directors and company of the Bank of the United States, or any false, forged, or counterfeited order or check, upon the said bank or corporation, or any cashier thereof, knowing the same to be falsely forged or counterfeited, or shall pass, utter, or publish, or attempt to pass, utter or publish, as true, any falsely altered bill or note, issued by order of the president, directors and company of the Bank of the United States, or any falsely altered order or check,Or checks or orders thereon. on the said bank or corporation, or any cashier thereof, knowing the same to be falsely altered with intention to defraud the said corporation, or any other body politic, or person; every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned, and kept to hard labour, for a period not less than three years, nor more than ten years, or shall be imprisoned not exceeding ten years, and fined not exceeding five thousand dollars: Provided, that nothing herein contained shall be construed to deprive the courtsSaving of the jurisdiction of state courts. of the individual states of a jurisdiction under the laws of the several states, over the offence, declared punishable by this act.
Repeal of act of June 27, 1798, ch. 61.Sec. 2. And be it further enacted, That the act, intituled “An act to punish frauds committed on the Bank of the United States,” passed the twenty-seventh day of June, one thousand seven hundred and ninety-eight, shall be and the same is hereby repealed: Provided nevertheless, that the repeal of the said act shall not be so construed, as to prevent the trial, condemnation or punishment of any person, or persons, charged with or guilty of a violation of any of its provisions, previous to the passing of this act.
Approved, February 24, 1807.
- ↑ Indictment in the circuit court of North Carolina, for the forging 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, provided in the 18th section of the act of 1816, establishing 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 date of the counterfeiting was president of the office of discount at Fayetteville; and was countersigned by the name of “John W. Sanford,” who at no time was cashier of the mother Bank, but was at the said date cashier of the said office of discount and deposit. Held, that this was an offence within the provisions of the law. United States v. Turner, 7 Peters, 132.Indictment on the 18th section of the act of Congress, entitled “An act to incorporate the Bank of the United States,” passed April 15, 1816. The indictment charged the defendant with uttering and forging “a counterfeit bill in imitation of a bill used by the president, &c., of the bank.” The forged paper was in these words and figures: “Cashier of the Bank of the United States, pay C. W. Earnest or order, five dollars. Office of discount and deposit in Pittsburg, 10th day of December, 1829. A. Brackenridge, Pres’t, J. Correy, Cash’r.” “Pay bearer, C. W. Earnest.” Held, that a genuine instrument of which the forged and counterfeited instrument is an imitation, is not a bill issued by order of the president of the Bank of the United States, according to the true intent and meaning of the 18th section of the act incorporating the bank. The United States v. Brewster, 7 Peters, 164.Counterfeiting an indorsement on a post note of the Bank of the United States, is not an offence under the 18th section of the act incorporating the bank. United States v. Stewart, 4 Wash. C. C. R. 226.In a prosecution for forging the notes of the Bank of the United States, it is not necessary to prove that it was committed with intention to defraud some corporation or person, and that the notes stated in the indictment, and given in evidence as forged, and those alleged to be forged, are the same. United States v. Reuben Moses, 4 Wash. C. C. R. 726.An order on the cashier of the Bank of the United States, is evidence for supporting an indictment for forging an order on the cashier of the corporation of the Bank of the United States. United States v. Hinman, Baldwin’s C. C. R. 292.