57. Requisites of indictment for subornation. 58. Bribery. 59. Obstruction of process. 60. Rescuing prisoners. 61. Extortion. 62. Perjury and subornation. 89. Accessaries after the fact to stealing from the mail. 90. Counterfeiting stamps. 91. Forging letter stamps. 92. Stealing or forging mail keys or locks. 93. Stealing mail-bags, &c. 94. Forging stamps on envelopes. Dies or plates. Paper. IX. DUELLING. 63. Corruptly influencing jurors, &c.; or obstructing the Printing. Fraudulent delivery. administration of justice. 70. Smuggling. 71. Bribery of members of congress; or public officers. Accepting bribes. 72. Perjury in reference to the public lands. VII. OFFENCES RELATING TO THE COIN. 73. Counterfeiting, or uttering counterfeit gold or silver coin. 74. Counterfeiting, or uttering counterfeit copper coin. 75. Debasing the coin. Embezzlement by officers of the mint. 76. Counterfeiting, or uttering counterfeit foreign gold or silver coin, in actual use and circulation. 77. Importing such counterfeit foreign gold or silver coin with intent, &c. 78. Debasing or impairing the coin. 79. State jurisdiction. VIII. OFFENCES RELATING TO THE POST OFFCE. 80. Detaining or opening letters or mails. Embezzling or destroying letters. Letters containing remittances or valuable papers. Stealing from letters, &c. Mail carriers deserting the mail. Carrying letters out of the mail. 81. Robbing the mail. When punishable with death. Attempts to rob. Stealing letters. Opening, embezzling or destroying letters, Fraudulently obtaining valuable letters. Taking or opening letters. 82. Cutting or breaking mail-bags, with inten to steal, &c. 83. Accessaries. 84. Convicts to be kept at hard labor. 85. Detaining, embezzling or destroying newspapers. Opening packets of newspapers. Stealing packets of newspapers. Enclosing letters, &c., in newspapers. 86. Receiving articles stolen from the mail. Accessaries after the fact to mail robbery. May be tried before principal. 7. Obstructing the mail. 18. Detaining or giving preference to letters. 109. Limitation of prosecutions under the revenue laws. 110. If party stands mute the trial to proceed. Where offences on the high seas, &c., to be tried. 111. Convicts may be sentenced to the state prisons. 112. Where state jails are not allowed, marshal to provide a prison. 113. Plea of not guilty to be entered for party standing mute. Plea of not guilty to be an issue. Excessive challenges to be disallowed and trial to proceed. 114. Circuit courts may remit indictments to the district courts for trial. And district courts to the circuit courts. Effect thereof. 115. Jurisdiction of grand juries. Capital cases to be remitted to the circuit court. When other cases may be remitted. No grand jury to be summoned unless by order of a judge. May be summoned in term. Imprisonment before trial not to be extended. 116. When process for defendant's witnesses may be ordered. Payment of costs. 117. Joinder of offences in one indictment. 118. Courts may discharge grand jurors. I. OFFENCES AGAINST GOVERNMENT. (a) 1 Stat. 112. Treason. 1. If any person or persons, owing allegiance to the United States of America, (b) 30 April 1790 & 1. shall levy war against them, (c) or shall adhere to their enemies, giving them aid and comfort, (d) within the United States or elsewhere, and shall be thereof convicted, on confession in open court, or on the testimony of two witnesses (e) to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death.(g) Ibid. 22. 2. If any person or persons, having knowledge of the commission of any of the treasons aforesaid, (h) shall conceal, and not, as soon as may be, disclose and make known Misprision of the same to the president of the United States, or some one of the judges thereof, or to treason. the president or governor of a particular state, or some one of the julges or justices thereof, such person or persons on conviction shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars. 3. If any person, being a citizen of the United States, whether he be actually resident 30 Jan. 1799 & 1. or abiding within the United States, or in any foreign country, shall, without the permis (a) In the preparation of this chapter, the author has been greatly aided, both in the arrangement and in the reference to the decisions of the federal courts, by the lucid and comprehensive treatises on criminal law, by Professor Wharton. In acknowledging the assistance derived from the works of that learned jurist, he cannot omit the expression of his belief that to no writer on the criminal law of the United States is the profession under so great obligation, as to Mr. Wharton, for these excellent and instructive works. (b) Treason is a breach of allegiance, and can be committed by him only who owes allegiance, either perpetual or temporary. These words, therefore, are mere surplusage, and do not, in the slightest degree, affect the sense of the section. United States v. Wiltberger, 5 Wh. 97. 1 Stat. 613. United States, accompanied with any degree of force, is not trea- (c) Where the premeditated object and intent of a riotous (e) This refers to the proofs on the trial, and not to the preliminary hearing before the committing magistrate, or the proceeding before the grand inquest. 2 Wall. Jr. 138. 1 Burr's Trial, 196. But see Fries's Trial, 14. Whart. St. Tr. 480. (g) For precedents of indictment for treason against the United States: see Whart. Prec. 1117-20. (h) That is, by any person owing allegiance to the United States. 30 Jan. 1799. Corresponding with foreign governments, with intent to influence their controversies States, or to de of this government. sion or authority of the government of the United States, directly or indirectly commence or carry on any verbal or written correspondence or intercourse with any foreign government, or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government, or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or defeat the measures of the government of the with the United United States; or if any person being a citizen of, or resident within the United States, feat the measures and not duly authorized, shall counsel, advise, aid or assist in any such correspondence, with intent, as aforesaid, he or they shall be deemed guilty of a high misdemeanor, and On conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months, nor exceeding three years: Provided always, That nothing in this act contained shall be construed to abridge the right of individual citizens of the United States to apply, by themselves, or their lawful agents, to any foreign government, or the agents thereof, for the redress of any injuries in relation to person or property which such individuals may have sustained from such government, or any of its agents, citizens or subjects. Ailing and abet. ting such act. Not to prohibit applications for redress of injuries. 30 April 1790 3. 1 Stat. 113. Murder. Ibid. 34. Court may direct added to the sentence. Il. OFFENCES AGAINST THE PERSON. 4. If any person or persons shall, within any fort, arsenal, dock-yard, magazine, or in any other place or district of country, under the sole and exclusive jurisdiction of the United States, (a) commit the crime of wilful murder, (b) such person or persons on being thereof convicted shall suffer death. 5. The court before whom any person shall be convicted of the crime of murder, for which he or she shall be sentenced to suffer death, may, at their discretion, add to the dissection to be judgment, that the body of such offender shall be delivered to a surgeon for dissection; and the marshal who is to cause such sentence to be executed, shall accordingly deliver the body of such offender, after execution done, to such surgeon as the court shall direct, for the purpose aforesaid: Provided, That such surgeon, or some other person by him appointed for the purpose, shall attend to receive and take away the dead body at the time of the execution of such offender. Ibid. 25. Punishment for ordered for dis rescuing body section. Ibid. 2 6. Misprision of felony. Ibid. 27. Manslaughter. Ibid. 13. Maiming. 6. If any person or persons shall, after such execution had, by force rescue or attempt to rescue the body of such offender out of the custody of the marshal or his officers, during the conveyance of such body to any place for dissection as aforesaid; or shall by force rescue or attempt to rescue such body from the house of any surgeon, where the same shall have been deposited in pursuance of this act; every person so offending, shall be liable to a fine not exceeding one hundred dollars, and an imprisonment not exceeding twelve months. 7. If any person or persons having knowledge of the actual commission of the crime of wilful murder, (c) or other felony, upon the high seas, or within any fort, arsenal, dock-yard, magazine, or other place or district of country, under the sole and exclusive jurisdiction of the United States, shall conceal, and not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, on conviction thereof, such person or persons shall be adjudged guilty of misprision of felony, and shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars. 8. If any person or persons shall within any fort, arsenal, dock-yard, magazine or other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of manslaughter, and shall be thereof convicted, such person or persons shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars. 9. If any person or persons, within any of the places upon the land under the sole and exclusive jurisdiction of the United States, or upon the high seas, in any vessel belonging to the United States, or to any citizen or citizens thereof, on purpose and of malice aforethought, shall unlawfully cut off the ear or ears, or cut out or disable the tongue, put out an eye, slit the nose, cut off the nose or a lip, or cut off or disable any limb or member of any person, with intention in so doing to maim or disfigure such person (d) in any the manners before mentioned, then and in every such case the person (a) The purchase of lands by the United States, within the ter ritorial limits of a state, does not of itself oust the jurisdiction of the state over the lands so purchased; but when lands are purthased for the purposes enumerated in the constitution, with the consent of the legislature of the state in which the same shall be, the land so purchased falls within the exclusive legislation of congress, and the state jurisdiction is completely ousted. United States v. Cornell, 2 Mas. 60. And that, notwithstanding in the cession, the state may have reserved a right to execute its civil and criminal process, in the places so purchased. United States v. Cornell, 2 Mas. 91. United States v. Davis, 5 Ibid. 356. See 5 Opin. 55. United States v. Bevans, 3 Wh. 336. Commonwealth v. Hutchinson, 2 Pars. 384. (b) The term murder, as used in this act, is to be understood as defined at common law. United States v. Magill, 1 W. C. C. 463 The legal meaning of malice aforethought, in cases of homicile, is not confined to homicide committed in cold blood, with settled design and premeditation, but extends to all cases of homicide, however sudden the occasion, when the act is done with such cruel circumstances as are the ordinary symptoms of a wicked, depraved and malignant spirit. United States v. Cornell, 2 Mas. 91. (c) There is no act of congress punishing an accessary before the fact for murder. United States v. Ramsay, Hemp. 481. But see aet 3 March 1825 3; infra, 17. And infra, 51. (d) To disable or distigure any limb or member of a person by means of shooting, stabbing, cutting, biting, gouging or any other means, with intent to maim or disfigure, constitutes an or persons so offending, their counsellors, aiders and abettors, (knowing of and privy to 30 April 1790. the offence aforesaid), shall, on conviction, be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.(a) 10. Every captain, engineer, pilot or other person employed on board of any steam-7 July 1838 ? 12. boat or vessel propelled in whole or in part by steam, (b) by whose misconduct, negligence 5 Stat. 306. or inattention to his or their respective duties, (c) the life or lives of any person or per- Manslaughter by negligence on sons on board said vessel may be destroyed, shall be deemed guilty of manslaughter, steamboats. and, upon conviction thereof before any circuit court in the United States, shall be sentenced to confinement at hard labor for a period not more than ten years.(d) III. OFFENCES AGAINST PROPERTY. 1 Stat. 116. Larceny. public stores. 11. If any person within any of the places under the sole and exclusive jurisdiction 30 April 1790 3 16 of the United States, (e) or upon the high seas, (g) shall take and carry away, with an intent to steal or purloin, the personal goods of another; (h) or if any person or persons, having at any time hereafter the charge or custody of any arms, ordnance, munition, shot, powder or habiliments of war belonging to the United States, or of any victuals Embezzlement a provided for the victualling of any soldiers, gunners, marines or pioneers, shall for any lucre or gain, or wittingly, advisedly and of purpose to hinder or impede the service of the United States, embezzle, purloin or convey away any of the said arms, ordnance, munition, shot or powder, habiliments of war or victuals, (i) that then and in every of the cases aforesaid, the person or persons so offending, their counsellors, aiders and abettors, (knowing of and privy to the offences aforesaid), shall, on conviction, be fined not exceeding the fourfold value of the property so stolen, embezzled or purloined, (k) the one moiety to be paid to the owner of the goods, (1) or the United States, as the case may be, and the other moiety to the informer and prosecutor, and be publicly whipped, not exceeding thirty-nine stripes. (m) Ibid. 17. 12. If any person or persons, within any part of the jurisdiction of the United States as aforesaid, shall receive or buy any goods or chattels that shall be feloniously taken Receiving stolen or stolen from any other person, knowing the same to be stolen, or shall receive, harbor goods. or conceal any felons or thieves, knowing them to be so, he or they being of either of Harboring felons. the said offences legally convicted, shall be liable to the like punishments as in the case of larceny before are prescribed. &c. 3 Stat. 771. 13. If any person or persons shall falsely make, alter, forge or counterfeit; or cause 3 March 1823 § 1. or procure to be falsely made, altered, forged or counterfeited; or willingly aid or assist in the false making, altering, forging or counterfeiting, any deed, power of attorney, order, Forgery of deeds, certificate, receipt or other writing, for the purpose of obtaining or receiving, or of enabling any other person or persons, either directly or indirectly, to obtain or receive, from the United States, or any of their officers or agents, any sum or sums of money; or shall Uttering and publishing. utter, or publish as true, or cause to be uttered or published as true, any such false, forged, altered or counterfeited deed, power of attorney, order, certificate, receipt or other writing, as aforesaid, with intent to defraud the United States, knowing the same to be false, altered, forged or counterfeited; or shall transmit t or present at, or cause or procure to be transmitted to or presented at any office or officer of the government of the United States, any deed, power of attorney, order, certificate, receipt or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged or counterfeited;(n) every such person shall be A felony. offence under this section. The particular mode of effecting this disfiguration or disability, or the particular weapon, or instrument or means used, are not material, provided the result is maiming or disfiguration with intent to do so. United States r. Scroggins, Hemp. 478. And a general intent to maim or disfigure, is enough. Respublica v. Langeake. 1 Yeates, 415. (a) See forms of indictments, in Whart. Prec. 192-7. (b) Any officer of a steamboat through whose negligence or ignorance an explosion takes place which is destructive of life, is guilty of manslaughter. United States v. Taylor, 5 McLean, 242. A part owner, who for the time being assumes the command of the vessel, is such officer. United States v. Collyer, Wharton on Homicide, 507-8. But only those officers are responsible, through whose negligence or ignorance the death occurred: each is liable for his own negligence only. Ibid. 509-10. (c) The essence of the crime consists in the fact of there being "misconduct, negligence or inattention," in such degree, and of such a character, as to have produced the result set forth in the indictment, irrespective of the intention of the persons charged. United States v. Warner, 4 McLean, 463. By misconduct, negligence or inattention is meant the omission or commission of any set which may eventually lead to the consequences made criminal. United States v. Collyer, Wharton on Homicide, 507. But although there may have been such misconduct, and an accident subsequently occur, which results in death, yet, if it be not connected with the act complained of, the officers are not liable to indictment. Ibid. 506. (d) For form of indictment, see Whart. Prec. 173. (e) The offence of larceny is not punishable under this section unless committed in a place under the sole and exclusive jurisdic tion of the United States; and such jurisdiction must be averred in the indictment. United States v. Davis, 5 Mas. 356. See Commonwealth r. Hutchinson, 2 Pars. 384. There is no act of congress punishing the crime of robbery as such, committed on land. United States v. Terrel, Hemp. 411. But see infra, 17. (g) Larceny, committed on board an American ship, in an enclosed dock, in a foreign port, is not punishable under this star tute. United States v. Hamilton, 1 Mas. 152. See infra, 37. (h) Money, bank-notes and coin, are "personal goods," within the meaning of this section. United States v. Moulton, 5 Mas. 537. See contra, United States v. Murray, 1 Cr. C. C. 141. United States v. Bowen, 2 Ibid. 133. In the District of Columbia, horsestealing is punishable as an ordinary larceny, under this section. United States v. Black, Ibid. 195. (i) Acts of congress provide for the punishment of embezzlement of public money, and of arms, ordnance, munition, shot, powder, habiliments or provisions of war; but not of any other chattels belonging to the government. 7 Opin. 9. (k) Punishment altered, infra, 24. For forms of indictment; see Whart. Prec. § 419-20. (7) The owner is, notwithstanding, a competent witness in support of the prosecution, without releasing his interest in the moiety of the fine. United States v. Murphy, 16 Pet. 203. It had previously been held in the District of Columbia, that a release was necessary in order to make him competent. See United States v. Clancey, 1 Cr. C. C. 13. United States v. Hare, Ibid. 82. United States v. McCann. Ibid. 207. United States v. Brown, Ibid. 210. United States v. Tolson, Ibid. 269. (m) Punishment of whipping and the pillory abolished; infra, 23. (n) The using of a genuine instrument, containing a statement known to be false, with intent to defraud the government, is within the statute. United States v. Staats, 8 How. 41. 3 March 1823 Ibid. 2 2. Having posses sion of forged deeds, &c., with the government. deemed and adjudged guilty of felony ;(a) and being thereof duly convicted, shall be sen tence-l to be imprisoned and kept at hard labor for a period not less than one year, nor more than ten years; or shall be imprisoned not exceeding five years, and fined not exceeding one thousand dollars. 14. If any person or persons shall knowingly have in his, her or their possession, any false, altered, forged or counterfeited deed, power of attorney, order, certificate, receipt or other writing, for the purpose of enabling any person or persons, either directly or intent to defraud indirectly, to obtain or receive from the United States, or any of its officers or agents, any sum or sums of money, knowing the same to be false, altered, forged or counterfeited, as aforesaid, with intent to defraud the United States, every such person, upon being thereof duly convicted, shall be fined and imprisoned at the discretion of the court, according to the nature and aggravation of the offence: Provided nevertheless, That nothing herein contained shall be construed to deprive the courts of the several states of jurisdiction, under the laws thereof, over offences declared punishable by this law. 4 Stat. 115. Arson. 8 March 1825 2 1. 15. If any person or persons, within any fort, dock-yard, navy-yard, arsenal, armory or magazine, the site whereof is ceded to, and under the jurisdiction of, the United States, or on the site of any lighthouse, or other needful building belonging to the United States, the site whereof is ceded to them, and under their jurisdiction, as aforesaid, shall, wilfully and maliciously, burn any dwelling-house or mansion-house, or any store, barn, stable or other building, parcel of any dwelling or mansion-house, every person so offending, his or her counsellors, aiders and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death. &c. Ibid. 22. 16. If any person or persons, in any of the places aforesaid, shall, wilfully and maliciously, set fire to, or burn, any arsenal, armory, magazine, rope-walk, ship-house, Setting fire to public buildings, warehouse, blockhouse or barrack, or any storehouse, barn or stable, not parcel of a dwelling-house, or any other building not mentioned in the first section of this act, or any ship or vessel, built, or building, or begun to be built, or repairing, or any lighthouse or beacon, or any timber, cables, rigging or other materials for building, repairing or fitting out, ships or vessels, or any pile of wood, boards or other lumber, or any military, naval or victualling stores, arms or other munitions of war, every person so offending, his or her counsellors, aiders and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. Ibid. 2 3. Other offences vided for. 17. If any offence shall be committed in any of the places aforesaid, the punishment of which offence is not specially provided for by any law of the United States, (b) such not specially pro- offence shall, upon a conviction in any court of the United States having cognisance thereof, be liable to, and receive the same punishment as the laws of the state (e) in which such fort, dock-yard, navy-yard, arsenal, armory or magazine, or other place, ceded as aforesaid, is situated, provide for the like offence when committed within the body of any county of such state. Ibid. 28. Receivers of 18. If any person or persons, upon the high seas, or in any of the places aforesaid, shall buy, receive or conceal, or aid in concealing any money, goods, bank-notes, or other stolen goods may effects or things which may be the subject of larceny, which have been feloniously taken be prosecuted before conviction of or stolen, from any other person, knowing the same to have been taken or stolen, every the principal. Punishment. Ibid. 17. securities. person, so offending, shall be deemed guilty of a misdemeanor, and may be prosecuted therefor, although the principal offender chargeable, or charged with the larceny, shall not have been prosecuted or convicted thereof; and shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and imprisonment and confine ment to hard labor, not exceeding three years, according to the aggravation of the offence. 19. If any person or persons shall falsely make, forge or counterfeit, or cause or proForgery of public cure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting, any paper, writing or instrument, in imitation of, or purporting to be, an indent, (d) certificate of the public stock or debt, treasury note 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 United States, or by or on any other public officer or agent of the United States, duly authorized to make, draw, accept or pay the same, on behalf and for (a) The indictment need not charge that the alleged acts were done "feloniously:" the statute makes certain acts done with a fraudulent intent or purpose, felony; and if the acts, and intent or purpose, described in the statute, are charged, it is a conclusion of law therefrom that a felony was committed. United States v. Staats. 8 How. 41. (b) Larceny committed in a place under the jurisdiction of the United States, but where such jurisdiction is not sole and exclu sive, may be punished under this section. United States v. Davis, 5 Mas. 356. (c) This is limited to the laws of the several states in force at the time of its enactment. United States v. Paul, 6 Pet. 141. (d) A military land warrant is neither an indent, nor a public security of the United States, within the meaning of this act. United States v. Irwin, 5 McLean, 178. Ibid. 18. account of the United States, or if any person or persons shall pass, utter or publish, (a) 3 March 1825. or attempt to pass, utter or publish, as true, any such false, forged or counterfeited paper, Uttering or pub writing or instrument, knowing the same to be false, forged or counterfeited, with intent lishing, &c. to defraud the United States, or any body politic or corporate, or any other person or persons whatsoever; or if any person or persons shall falsely alter any indent, certificate of the public stock or debt, treasury note or other public security of the United States, or any letters patent, issued or granted by the president of the United States, or any bili, cheek or draft for money drawn by or on the treasurer of the United States, or any other public officer or agent of the United States, duly authorized to make, draw, accept or pay such bill, check or draft; or if any 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 to defraud the United States, or any body politic or corporate, or any person or persons whatsoever, every such person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be A felony. punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. 20. If any person or persons shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely Forgery of letters making, forging or counterfeiting any paper, writing or instrument, in imitation of or of attorney, &c. purporting to be, any letter of attorney, or other authority or instrument to assign, transfer, sell or convey any share or sum in the public stock or debt of the United States, for in the capital stock of the president, directors and company of the Bank of the United States,] or to receive any annuity or annuities, dividend or dividends, due or to become due on any such stock or debt; or to receive any pension, prize-money, wages or other debt or sum of money due, or to become due from the United States; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, or willingly aid or assist in forging or counterfeiting, the name or names of any of the holders or proprietors of any Or using the such public stock or debt, or of any person entitled to any such annuity, dividend, pension, prize-money, wages or other debt or sum of money as aforesaid, in or to any such pretended letter of attorney, authority or instrument; or shall, knowingly and fraudulently, demand, or endeavor to have or obtain such share or sum in such public stock or debt, [or capital stock of the said bank,] or to have any 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; or shall False personafalsely and deceitfully personate any true or real proprietor or holder of such share or sum in such public stock or debt, [or capital stock of the said bank,] or any person entitled to such annuity, dividend, pension, prize-money, wages or other debt or sum of money, as aforesaid, and thereby transferring or endeavoring to transfer such public stock or debt [or capital stock of the said bank,] or receiving or endeavoring to receive the money of such true or lawful holder or proprietor thereof, or the money of such person 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 entitled thereto; every person, so offending, shall be deemed Felony guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. same. tion. Ibid. 19 21. If any person or persons shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely Forgery of ship making, forging or counterfeiting any instrument in imitation of, or purporting to be, an papers. 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 customs of the United States, or a license to any ship or vessel, for carrying on the coasting trade or fishery or fisheries of the United States, or a certificate of ownership, pass, passport, sea letter or clearance, granted for any ship or vessel, under the authority of the United States, or a permit, debenture or other official document, granted by any collector or other officer of the customs, by virtue of his or their office; or shall falsely alter any abstract, official copy or certificate, of any recording, registering or enrolling of any ship or vessel in the office of any collector of the customs of the United States, or any license to any ship or vessel for carrying on the coasting trade or fisheries of the United States, or any certificate of ownership, pass, passport, sea letter or clearance granted for any ship or vessel under the authority of the United States, or any permit, debenture or other official document granted by any (a) Passing a paper, is putting it off in payment or exchange; uttering it, is a declaration that it good, with an intention to pass, or an offer to pass it. United States v. Mitchell, Bald. 366. |