CHAPTER 43. OF FORGERY AND COUNTERFEITING. 1. Forgery punished. 2. Passing forged papers. 3. Forgery in other cases. 4. Counterfeiting bank bills. 5. Passing counterfeit bills. 6. Engraving counterfeits. 7. Evidence of charter. 8. Counterfeiting coin. 9. Passing counterfeit coin. 10. Engraving molds. 11. Intent to defraud, how alleged. §1. If any person shall falsely make or counterfeit, or fraudulently alter any public record, any writ, process or proceeding of any court of this State; any certificate or attestation of a justice of the peace, notary public, clerk of any court, town clerk or other public officer, in any matter wherein such certificate or attestation may be received as legal proof; any charter, deed, will, bond or writing obligatory, letter of attorney, policy of insurance, certificate of stock, bill of exchange, promissory note, order, acquittance, discharge for money or property; any acceptance of a bill of exchange, or any indorsement or assignment of any bill of exchange or promissory note; any certificate or accountable receipt for money or property; any warrant, order or request for the payment of money, or the delivery of any property or writing of value; or any writing whatever purporting to contain evidence of the existence or discharge of any debt, contract or promise, with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than three years nor more than seven years. R. S. 438, ch. 216, § 1; C. S. 553, § 1. § 2. Every person who shall pass or use, or offer to pass or use as true, any such counterfeited or altered writing mentioned in the preceding section, knowing the same to be such, with intent that any person should be defrauded, shall be punished in the manner specified in the preceding section. R. S. 439, §2; C. S. 553, § 2. §3. If any person shall falsely make or counterfeit, or alter any writing, not included in the first section, or shall knowingly use the same with intent that, and whereby any person may be defrauded, he shall be punished by confinement to hard labor not exceeding three years. Ib. §3. § 4. If any person shall falsely make or counterfeit, or shall fraudulently alter any bank bill or note purporting to be issued by any bank, with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than five years nor more than twenty years. Ib. §4. § 5. If any person shall pass or offer to pass, as true, or shall bring into this State, or have in his possession or custody, any such false, counterfeited or altered bank bill or note described in the preceding section, knowing the same to be so false, counterfeited or altered, with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. 1b. §5; C. S. 553, § 5. § 6. If any person shall make, mend or engrave, or begin to make, mend or engrave any plate, block, press or other tool or instrument, or shall make or provide any paper or other material, adapted or designed for forging or making any such false, counterfeited or altered bank bills or notes described in the two preceding sections, or shall have in his possession any such plate, block, press, tool, instrument, paper or material, adapted or designed as aforesaid, with intent to use the same, or cause or permit the same to be used in forging or making such false and counterfeit bank bills or notes, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. Ib. § 6. § 7. Upon the trial of any indictment under the three sections preceding, evidence that bills or notes purporting to be issued by any bank are commonly received as currency, or other proof of the existence of any bank or banking company therein described, shall be competent evidence for the jury of its legal establishment and existence. R. S. 440, § 7. § 8. If any person shall make any false coin in imitation of any gold or silver coin current within this State by law or usage, he shall be punished by solitary imprisonment not exceeding six months, and by confinement to hard labor not less than four years, nor more than ten years. Ib. § 8. § 9. If any person shall pass or offer to pass, as true, or shall bring into this State or have in his possession any false and counterfeit coin, described in the preceding section, knowing the same to be so false and counterfeit, and with intent that any person may be defrauded, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. Ib.§ 9. § 10. If any person shall cast, stamp, engrave, make or mend, or begin to cast, stamp, engrave, make or mend, or shall have in his possession any mold, pattern, die, punch, engine, press, tool or other instrument adapted or designed for making false and counterfeit coin, in imitation of any gold or silver coin current within this State by law or usage, with intent that the same may be so used, he shall be punished by solitary imprisonment not exceeding four months, and by confinement to hard labor not less than two years nor more than five years. Ib. § 10. § 11. When an intent to defraud is necessary to constitute any offense, it shall be sufficient to allege in the indictment or information such intent generally, and proof of an intent to defraud any person or any body politic or corporate shall be competent to support such indictment or information. R. S. 459, ch. 225, § 18; C. S. 575, § 21. 931. Forgery of a promissory note. [See F. 872.] did falsely make and counterfeit a certain promissory note for the payment of money, purporting to be made and signed by one E. F. for the sum of dollars; which said false and counterfeit promissory note is as follows, to wit., [here insert an exact copy of the note:] with intent to defraud the said T. C.. 932. Forging a certificate of a justice of the peace. [See F. 872.] did falsely make and counterfeit a certain certificate and attestation of one E. F., a justice of the peace for the said county of S.; which said false and counterfeited certificate and attestation is as follows, to wit., [here insert an exact copy of the certificate, in words and figures;] which said false and counterfeited certificate and attestation then and there purported to be the certificate and attestation of a justice of the peace, in a manner wherein the said certificate and attestation might be received as legal proof, with intent to defraud the said T. C. 933 Passing a forged deed. [See F. 872.] feloniously did pass and use as true, a certain false and counterfeited deed, which said false and counterfeited deed is as follows, that is to say; (Here copy the deed verbatim, including the signatures and names of witnesses,) with intent that the said T. C. should be defrauded; he, the said J. R., then and there well knowing the same to be false and counterfeited. 934. Counterfeiting a bank note. [See F. 872.] feloniously did falsely make and counterfeit a certain bank note, purporting to be issued by a certain bank called The President, Directors and Company of the Grafton Bank, which said false and counterfeited bank note is as follows, that is to say: (Here insert a copy of the bill verbatim, thus: "No. - The President, Directors and Company of the Grafton Bank promise to pay, or bearer, ten dollars. Haverhill, June 27, 1840. John A. Page, cashier; Mills Olcott, president;") with intent that some person should be defrauded. 935. Fraudulent alteration of a bank note. See F. [872.] feloniously did falsely and fraudulently alter a certain bank note, purporting to be issued by a certain bank called The President, Directors and Company of the Globe Bank; which said bank note, so falsely and fraudulently altered, was originally as follows, that is to say; (here copy the bill verbatim, as, e. g.) "No. President, Directors and Company of the Globe Bank promise to pay, or bearer, two dollars. Bangor, Maine, July 6, 1841. cashier; -, president;" by inserting the words, "Boston, Mass.," instead of the words, "Bangor, Maine;" with intent that some person should be defrauded. 936. Passing a counterfeit bank note. [See F. 872.] feloniously did pass (or offer to pass) as true, a certain false and counterfeited bank note, purporting to be issued by a certain bank called The President, Directors and Company of the Grafton Bank; which said false and counterfeited bank note is as follows, that is to say: "No. -. The President, Directors and Company of the Grafton Bank promise to pay, or bearer, ten dollars. Haverhill, 184-. John A. Page, cashier; Mills Olcott, president;" the said T. R. then and there well knowing the same bank note to be false, forged and counterfeited, with intent that said T. C. should be defrauded. 937. Having counterfeit bank notes, with intent knowingly and fraudulently to pass them. [See F. 872.] had in his possession and custody a certain false and counterfeit bank note, purporting to be issued by a certain bank called The President, Directors and Company of the Grafton Bank, which said false and counterfeited bank note is as follows, that is to say: (here copy the bill verbatim ;) he. the said T. R., then and there well knowing the same bank note to be false, forged and counterfeited, with intent that some person should be defrauded. 938. Having counterfeit bank notes, with intent to pass them, when kept by respondent. [See F. 872.] had in his possession and custody twenty false, forged and counterfeit promissory notes, commonly called bank bills, each of them purporting to be issued by a certain bank called the Worcester Bank, for the sum of five dollars, which said twenty false, forged and counterfeited promissory notes, commonly called bank bills, were then and there retained and kept in the possession of the said T. R., so that this complainant can not set forth the tenor thereof, he, the said T. R., then and there well knowing the said twenty false, forged and counterfeited promissory notes, called bank bills, and each and every one of them, to be false, forged and counterfeited as aforesaid, with intent that some person should be defrauded. 939. Making a plate to be used in counterfeiting bills. [See F. 872.] did engrave and make, and did begin to engrave and make, a certain plate, the same being an instrument and material adapted and designed for forging and making false and counterfeit bank notes, purporting to be issued by a certain bank called The President, Directors and Company of the Grafton Bank. 940. Being possessed of tools for counterfeiting. [See F. 872.] had in his custody and possession a certain plate, engraved, adapted and designed for the forging and making of false and counterfeit bank notes purporting to be issued by a certain bank called The President, Directors and Company of the Grafton Bank, with the intent to use and employ the same, and to cause and permit the same to be used and employed in forging and making such false and counterfeit bank notes. 941. Having paper, with intent to commit forgery. [See F. 872.] fraudulently, deceitfully and unlawfully had, held and kept in possession six quires of paper, the said paper then and there being a material devised, adapted and designed for forging and making false, forged and counterfeit bank bills in imitation of and purporting to be bank bills issued by corporations lawfully established as banks in this State and in other States, with intent to use and employ the same paper in forging and making such false, forged and counterfeit bank bills; 942. Coining. [See F. 872.] did falsely and fraudulently make a certain false and counterfeit coin, in imitation of the good and lawful silver coin of the United States, current within this State by law and usage, called half dollars; 943. Passing false coin. [See F. 872.] did falsely and fraudulently pass (or offer to pass) as true, a certain false and counterfeit coin, in imitation of the good and lawful silver coin current in this State by law and usage, called Spanish dollars; knowing the same to be so false and counterfeit, with intent that said T. C. should be defrauded. 944. Having false coin. [See F. 872.] falsely and fraudulently had in his possession and custody five similar pieces of false and counterfeit coin, in imitation of the good and lawful silver coin of the United States, current within this State by law and usage, called dimes, knowing the same to be so false and counterfeit, with intent that some person should be defrauded. |