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bearer thereof, or to the order of any person, issued as aforesaid, knowing the same to be false, altered, forged or counterfeit, with intent to injure or defraud as aforesaid, shall be punished by imprisonment in the State prison not more than ve years, or by fine not exceeding one thousand dollars, and mprisonment in the county jail not more than one year.

tion; three con

same term.

feit bills with in7 Pick., 136.

(5808.) SEC. 7. If any person who shall have been convicted Second convic f the offence mentioned in the preceding section, shall be victions at onvicted of a similar offence after a former conviction, or if y person shall, at the same term of the Court, be convicted three distinct charges of the said offence, he shall be deemed common utterer of counterfeit bills, and shall be punished imprisonment in the State prison not more than ten years. (5809.) SEC. 8. Every person who shall bring into this State, Having countershall have in his possession, any false, altered, forged or tent, etc. anterfeit bill or note in the similitude of the bills or notes 3 Metcalf, 460. able to the bearer thereof, or to the order of any person, 47. ed by or for any bank or banking company, established in State, or in any of the British Provinces in North America, n any other State or country, with intent to utter or pass same, or to render the same current as true, knowing the e to be false, forged or counterfeit, shall be punished by isonment in the State prison not more than five years, or ne not exceeding one thousand dollars, and imprisonment e county jail not more than one year.

Thacher's C. C.,

4 Gilman, 439.

counterfeiting.

310.) SEC. 9. Every person who shall engrave, make or Tools, etc,, for 1, or begin to engrave, make or mend, any plate, block, 2 Mass., 128. , or other tool, instrument or implement, or shall make ovide any paper or other material, adapted or designed e forging and making any false or counterfeit note, cere or other bill of credit in the similitude of the notes,' cates, bills of credit issued by lawful authority for any of this State, or any false or counterfeit note or bill in militude of the notes or bills issued by any bank or g company established in this State, or within the 1 States, or in any of the British Provinces in North a, or in any foreign State or country; and every person all have in his possession any such plate or block, ed in whole or in part, or any press or other tool, instruor implement, or any paper or other material, adapted signed as aforesaid, with intent to use the same, or to r permit the same to be used in forging or making any Ise or counterfeit certificates, bills or notes, shrall be

When testimony of President and

dispensed with.

punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.

(5811.) SEC. 10. In all prosecutions for forging or counter Cashier may be feiting any notes or bills of the banks before mentioned, or for altering, publishing or tendering in payment as true, any forged or counterfeit bank bills or notes, or for being possessed thereof, with intent to alter and pass the same as true, the testimony of the President and Cashier of such bank may be dispensed with, if their place of residence shall be out of this State, or more than forty miles from the place of trial; and the testimony of any person acquainted with the signature of the President or Cashier of such banks, or who has knowledge of the difference in appearance of the true and counterfeit bills or notes thereof, may be admitted to prove that any such bills or notes are counterfeit; and the lawful existence of any bank out of this State shall be presumed upon evidence that such bank is actually engaged in the business of a bank. (b)

Sworn certificate made evidence.

of instruments. 10 Mass., 34.

(5812.) SEC. 11. In all prosecutions for forging or counterfeiting any note, certificate, bills of credit or other security issued in behalf of the United States, or in behalf of any State or Territory, or for uttering, publishing or tendering in payment as true, any such forged or counterfeit note, certificate, bill of credit or security, or for being possessed thereof with intent to utter or pass the same as true, the certificate under oath of the Secretary of the Treasury, or of the Treasurer of the United States, or of the Secretary or Treasurer of any State or Territory on whose behalf such note, certificate, bill of credit or security, purports to have been issued, shall be admitted as evidence for the purpose of proving the same to be forged or counterfeit.

Connecting parts (5813.) SEC. 12. If any person shall connect together differ ent parts of several bank notes, or other genuine instruments, in such a manner as to produce an additional note or instrument, with intent to pass all of them as genuine, the same shall be deemed a forgery, in like manner as if each of them had been falsely made or forged.

(b) As Amended by "An Act to Amend Section Ten of Chapter One Hundred and Fifty Five of Title Thirty of the Revised Statutes of eighteen hundred and forty six, relative to Crimes and the punishment thereof." Approved April 7, 1851. Laws of 1861, p 109.

signature.

(5814.) SEC. 13. If any fictitious or pretended signature, Affxing fictitious purporting to be the signature of an officer or agent of any 2 Mass., 77.1 corporation, shall be fraudulently affixed to any instrument or writing, purporting to be a note, draft or other evidence of debt, issued by said corporation, with intent to pass the same as true, it shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, nor ever have existed.

fraud, statement

(5815.) SEC. 14. In any case where an intent to defraud is Intent to de required to constitute the offence of forgery, or any other and provi. offence that may be prosecuted, it shall be sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded; and on the trial of such indictment, it shall be deemed sufficient, and shall not be deemed a variance, if there appear to be an intent to defraud the United States, or any State, county, city or township, or any body corporate, or any public officer in his official capacity, or any copartnership or member thereof, or any particular person.

coin, or having

ces with intent,

8 Mass., 59.

1 Blackford, 198.

(5816.) SEC. 15. Every person who shall counterfeit any counterfeiting gold or silver coin, current by law or usage within this State, five or more pie and every person who shall have in his possession, at the same etc. time, five or more pieces of false money or coin, counterfeited Gray, 564. in the similitude of any gold or silver coin current as aforesaid, knowing the same to be false and counterfeit, and with intent to utter or pass the same as true, shall be punished by imprisonment in the State prison for life, or for any term of years. (5817.) SEC. 16. Every person who shall have in his posses- Less than five sion any number of pieces less than five, of the counterfeit tent, etc.; uttercoin mentioned in the preceding section, knowing the same to co. be counterfeit, with intent to utter and pass the same as true, and any person who shall utter, pass or tender in payment as true, any such counterfeit coin, knowing the same to be false and counterfeit, shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.

pieces with in

ing counterfeit

tion; three con

term.

(5818.) SEC. 17. If any person who shall have been convicted Second convic of either of the offences mentioned in the preceding section, victions at same shall be again convicted of either of the same offences, committed after the former conviction, or if any person shall, at the same term of the Court, be convicted upon three distinct charges of the said offences, he shall be deemed a common

with intent, etc.

207.

utterer of counterfeit coin, and shall be punished by imprisonment in the State prison not more than fifteen years.

Tools for coining (5819.) SEC. 18. Every person who shall cast, stamp, engrave, 1 Doug., Mich. R., make or mend, or shall knowingly have in his possession, any mould, pattern, die, puncheon, engine, press, or other tool or instrument, adapted and designed for coining, or making any counterfeit coin, in the similitude of any gold or silver coin, current by law or usage in this State, with intent to use or employ the same, or to cause or permit the same to be used or employed in coining or making any such false and counterfeit coin as aforesaid, shall be punished by imprisonment in the State prison not more than ten years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not more than one year.

[blocks in formation]

Mass. R. S.,

128.

Ch.

Perjury; punish.

ment for.

Chapter One Hundred and Fifty Six of the Revised Statutes of 1846.

(5820.) SECTION 1. Every person who, being lawfully

12 Mass., 274. required to depose the truth in any proceeding in a Court of

8 Pick., 453.

Justice, shall commit perjury, shall be punished, if such per

jury was committed on the trial of an indictment for a capital crime, by imprisonment in the State prison for life, or any term of years, and if committed in any other case, by imprisonment in the State prison for not more than fifteen

years.

perjury.

(5821.) SEC. 2. If any person authorized by any statute of what deemed this State to take an oath, or if any person of whom an oath 1 Mich. Rep., 137. 3 Cushing, 524. shall be required by law, shall willfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required, such person shall be deemed guilty of perjury, and shall be punished by imprisonment in the State prison as provided in the preceding section.

perjury

(5822.) SEC. 3. Every person who shall be guilty of subor-subornation of nation of perjury, by procuring another person to commit the crime of perjury, shall be punished in the same manner as for

the oime of perjury.

incite another to

(5823.) SEC. 4. If any person shall endeavor to incite or Endeavoring to procure any person to commit the crime of perjury, though commit perjury. no perjury be committed, he shall be punished by imprisonment in the State prison not more than five years, or imprisonment in the county jail not more than one year.

person is suspect

(5824.) SEC. 5. Whenever it shall appear to any Court of Proceeding when Record, that any witness or party who has been legally sworn ed by Court. and examined, or has made an affidavit in any proceeding in a Court of Justice, has testified in such a manner as to induce a reasonable presumption that he has been guilty of perjury therein, the Court may immediately commit such witness or party, by an order or process for that purpose, or may take a recognizance with sureties, for his appearing to answer to an indictment for perjury; and thereupon the witnesses to estab lish such perjury, may, if present, be bound over to the proper Court, and notice of the proceedings shall forthwith be given to the Prosecuting Attorney.

(5825.) Sec. 6. If, in any proceeding in a Court of Justice, Securing papera in which perjury shall be reasonably presumed, as aforesaid,

any papers, books or documents shall have been produced, which shall be deemed necessary to be used on any prosecu tion for such perjury, the Court may, by order, detain the same from the person producing them, so long as may be necessary in order to their being used in such prosecution.

(5826.) SEC. 7. Every person who shall corruptly give, offer Bribes to officers. or promise, to any executive, legislative or judicial officer, after his election or appointment, and either before or after

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