EIGHTEENTH CONGRESS. Sess.II. Ch.65. 1825.
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dred and sixteen, or in any office of discount and deposit, establishedby the directors of said bank in any state or territory of the UnitedStates , shall feloniously take, steal, and carry away any money, goods,bond, bill, bank note, or other note, check, draft, treasury note, or othervaluable security or effects, belonging to said bank, or deposited in saidbank; or, if any person so employed as president, cashier, clerk, or ser-vant, shall fraudulently embezzle, secrete, or make away with any money,goods, bond, bill, bank note, or other note, draft, treasury note, or othervaluable security or effects, which he shall have received, or which shallcome to his possession or custody by virtue of such employment: everyperson so offending shall be deemed guilty of felony, and shall, on con-viction thereof, be punished, by fine, not exceeding five thousand dollars,and by imprisonment and confinement to hard labour, not exceeding tenyears, according to the aggravation of the offence.
Sec. 17. And be it further enacted, That, if any person or personsshall falsely make, forge, or counterfeit, or cause or procure to be falselymade, forged, or counterfeited, or willingly aid or assist in falsely making,forging, or counterfeiting, any paper, writing, or instrument, in imita-tion of, or purporting to be, an indent, certificate of the public stock, ordebt, treasury note, or other public security of the United States , or any let-ters patent, issued or granted by the President of the United States , or anybill, check, or draft for money drawn by, or on the treasurer of the UnitedStates, or by, or on, any other public officer or agent of the UnitedStates , duly authorized to make, draw, accept, or pay the same, on be-half and for account of the United States , (a) or if any person or per-sons shall pass, utter, or publish, or attempt to pass, utter, or publish, astrue, any such false, forged, or counterfeited paper, writing, or instru-ment, knowing the same to be false, forged, or counterfeited, with intentto defraud the United States , or any body politic or corporate, or anyother person or persons whatsoever ; or if any person or persons shallfalsely alter any indent, certificate of the public stock, or debt, treasurynote, 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 UnitedStates, or any other public officer or agent of the United States , dulyauthorized to make, draw, accept, or pay such bill, check, or draft, or ifany 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 todefraud the United States , or any body politic or corporate, or any per-son or persons whatsoever, (6) every such person, so offending, shall bedeemed guilty of felony, and shall, on conviction thereof, be punished byfine, not exceeding five thousand dollars, and by imprisonment and con-
Forgery oftreasury notes,or other publicsecurity of theUnited States .
Act of April30, 1790, ch. 9,sec. 14.
(a) Forgeries under the laws of the United States must be tried in the district where the crime is com-mitted. 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, andit must be proved as set forth. Ibid.
(b) Passing a paper is putting it off on payment or exchange. Uttering it, is a declaration that it isgood, 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 equallyguilty. Ibid.
Passing a counterfeit note in the name of a fictitious person, an assumed name, or on a bank which neverexisted, is within the law. It is not necessary .that the note, if genuine should be valid, if on its face itpurports 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 passingcounterfeit notes, is evidence of the scienter. Ibid.
The law presumes the intention of passing counterfeit paper, to be to defraud any person who maysuffer 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 waspossessed of his reason, and was capable of knowing whether the note so passed was good or bad.Ibid.