120
Forgery ofletters of attor-ney, certificatesof stock of theUnited States ,or certificatesof stock of theBank of theUnited States.
Forging anabstract or offi-cial copy, &c.or certificate ofthe recording,&c. of any shipor vessel in theoffice of any
finement to hard labour, not exceeding ten years, according to the aggra-vation of the offence.
Sec. 18. 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 imitationof, or purporting to be, any letter of attorney, or other authority or in-strument to assign, transfer, sell, or convey any share or sum in the pub-lic stock or debt of the United States , or in the capital stock of thepresident, directors, and company of the Bank of the United States, orto receive any annuity or annuities, dividend or dividends, due or to be-come due on any such stock or debt; or to receive any pension, prizemoney, wages, or other debt or sum of money due, or to become duefrom the United States ; or shall forge or counterfeit, or cause or pro-cure to be forged or counterfeited, or willingly aid or assist in forg-ing or counterfeiting the name or names of any of the holders orproprietors of any such public stock or debt, or of any person entitledto any such annuity, dividend, pension, prize money, wages, or otherdebt or sum of money as aforesaid, in or to any such pretended let-ter of attorney, authority, or instrument; or shall, knowingly and fraudu-lently, demand, or endeavour to have or obtain such share or sum insuch public stock or debt, or capital stock of the said bank, or to haveany 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; orshall falsely and deceitfully personate any true or real proprietor or holderof such share or sum in such public stock or debt, or capital stock of thesaid bank, or any person entitled to such annuity, dividend, pension, prizemoney, wages, or other debt or sum of money, as aforesaid, and therebytransferring or endeavouring to transfer such public stock or debt or capitalstock of the said bank, or receiving, or endeavouring to receive the moneyof such true or lawful holder or proprietor thereof, or the money of suchperson 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 entitledthereto; every person, so offending, shall be deemed guilty of felony,and shall, on conviction thereof, be punished by fine, not exceeding fivethousand dollars, and by imprisonment and confinement to hard labour,not exceeding ten years, according to the aggravation of the offence, (a)
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 falselymade, forged or counterfeited, or willingly aid or assist in falsely making,forging, or counterfeiting any instrument in imitation of, or purporting tobe, an abstract or official copy, or certificate of the recording, registry,or enrolment of any ship or vessel, in the office of any collector of the cus-
(a) Indictment in the circuit court of North Carolina , for the forgery of, and an attempt to pass a certainpaper writing,in imitation of, and purporting to be a bill or note, issued by the president and directorsof the Bank of the United States, founded on the 18th section of the act of 1816, incorporating theBank of the United States. The note was signed with the name of John Huske, who had not been, atany time, President of the Bank of the United States, but who, at the time of the counterfeit, was thepresident of the office of discount and deposit at Fayetteville ; and wascountersigned with the name ofJohn W. Sanford, who at no time was the cashier of the mother bank, but who at the time of the coun-terfeiting was cashier of the said office of discount and deposit. Held, that this was an offencewithin 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 coun-terfeit paper ; purporting on its face to be issued by the bank. It could not be presumed that personsin general could be cognisant of the fact, who, at particular periods, were the president and cashier ofthe bank. They were officers liable to be removed at the pleasure of the directors, and the times oftheir appointment or removal, or even their names, could not. ordinarily be within the knowledge of thebody of the citizens. The public mischief would be equally great, whether the names were those ofthe genuine officers, or of fictitious or unauthorized persons, and ordinary diligence would not protectthem against imposition. Ibid,