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Counterfeiting any instrument, stamping an impression in the figure and likene of the seal officially used by the register of the land-office, or who shall have his or her possession or custody such instrument, and shall wilfully conce the same, knowing it to be falsely made or counterfeited. 1 Rev. Coac

The above offences of

250.

Tery are punishable by imprisonment in the penitentiary, for a period ot less than one, nor more than See 1 Rev. Code, p. 402.

years.

offende

ging a certificate of the emancipation a slave subjected the a fine of two hundred dollars, and one year's imprisonment without banor mainprise. 1 Rev. Code, p. 347, sect. 5.

Free negroe or mulattoes granting their registers of freedom to a slave to enable him to pass as a freeman, subjects them to the penalties of felony. 1 Kev Code, p. 374, sect. 5.

ING.

For forgeries of bank notes, &c. see CHEATS, COUNTERFEIT

(A) Warrant for Forgery.

county, to wit. Whereas A J, of

hath made oath before me J P, a justice of the peace for the said county, that B O, of did feloniously forge and counterfeit a certain writing, purporting to be a (describe the instrument with convenient certainty; or did feloniously alter a certain ,' as the case may be.) These are, therefore, to command you to apprehend the said B O, and bring him before me, or some other justice of the peace of the said county of forthwith to answer the premises, and further to be dealt with according to law. Given under my hand and seal, &c.

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For the forms of a recognizance, commitment, &c. see title CRIMINALS, and those titles respectively.

1. Making a second deed and antedating it, in order to make it take place of a former deed, is forgery. 3 Inst. 169.

2. If any person who writeth the will of a sick man inserteth a clause therein, concerning the devise of lands, without any direction of the devisor, this is forgery, although he did not forge the whole will. 3 Inst. 170.

3. With respect to incurring a penalty for publishing or passing counterfeits, knowing them to be counterfeits, this knowledge may be derived from two means, either of his own knowledge, or the infor mation of others; for if another tell him that it is forged, and he publish it afterwards as true, and it proves to be forged indeed, he is in danger of the statute. 1 Hawk. 187.

But lord Fale says, that though such a relation may be an evidence to prove his knowledge, yet it is not conclusive; for perhaps there might be circumstances of fact that might make the person relating it, or his relation, not credible. So that the knowing must be upon the the whole matter left to the jury, upon the circumstances of the case. 1 Hale 685.

(B) Indictment for forging and altering a bond, with intention to defraud two different persons.

county, to wit.

The jurors for, &c. upon their oath present, that in the county of

parish of

and to be

late of the esquire, on the day of in the year with force and arms, at the parish aforesaid, in the county aforesaid, feloniously did falsely make, forge, and counterfeit, and feloniously did cause and procure to be falsely made, forged and counterfeited, and feloniously did willingly act and assist in the false making, forging, and counterfeiting, a certain paper writing, partly printed and partly written, purporting to be a bond, and to be signed by one with the name of him the said sealed and delivered by him the said the tenor of which said false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, is as follows; that is to say, Know all men, &c. (here set out the bond and condition as they may be) with intention to defraud the said such case made and provided, and commonwealth. And the jurors do further present, that the said day of at the parish aforesaid, in the county aforesaid, feloniously did utter and publish as true, a certain false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, and to be signed by the said with the name of him the said the tenor of which

in the year

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against the form of the statute in against the peace and dignity of the aforesaid, upon their oath aforesaid, afterwards, to wit, on the aforesaid, with force and arms,

and to be sealed and delivered by the said said last mentioned false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, is as follows, that is to say, Know, &c. (as before) with intention to defraud the said (he the said at the time of the uttering and publishing of the said last mentioned false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, then and there well knowing the said last mentioned false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, to be false, forged, and counterfeited) against the form of the statute, in such case made and provided, and against the peace and dignity of the commonwealth. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said wards, to wit, on the said in the year said, with force and arms, at the parish aforesaid, in the county aforesaid, feloniously did falsely make, forge and counterfeit, and feloniously did cause and procure to be falsely made, forged and counterfeited, and feloniously did willingly act and assist in the false making, forging and counterfeiting, a certain paper writing, partly printed and parly written, purporting to be a bond, and to be signed by the said with the name of him the said and to be sealed and delivered by the said the tenor of which said last mentioned false, forged, and counterfeited paper writing, partly printed and partly writ ten, purporting to be a bond, is as follows, that is to say, Know, &c.'

day of

after

afore

day of

in the year

(as before) with intention to defraud one doctor in physic, against the form of the statute in such case made and provided, and against the peace and dignity of the commonwealth. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said afterwards, to wit, on the said aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, feloniously did utter and publish, as true, a certain false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, and to be signed by the said with the name of him the said and to be sealed and delivered by the said which said last mentioned false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, is as follows, that is to say, Know, &c.' (as before) with inteution to defraud the said (he the said at the time of the uttering and publishing of the said last mentioned false, forged, and counterfeited paper writing, partly printed and partly written, purporting to be a bond, then and there well knowing the said last mentioned false, forged, and counterfeited, paper writing, partly printed and partly written, purporting to be a bond, to be false, forged, and counterfeited) against the form of the statute in such case made and provided, and against the peace and dignity of the commonwealth.

For more precedents of indictments under this title, see Cro. Cir. Comp. title' FORGERY,' and Cro. Cir. Assistant, p. 422, &c.

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FORNICATION.

EVERY person, not being a servant or slave, committing adultery, or fornication, and being thereof lawfully convicted by the oaths of two or more credible witnesses, or confession of the party, shall, for every offence of adultery, forfeit and pay twenty dollars, and for every offence of fornication, ten dollars; to be recovered by the suit or prosecution of the overseers of the poor of the county or corporation wherein such offence shall be committed, by bill, plaint, or information, in any court of record within this commonwealth, wherein no essoin, protection, or wager of law shall be allowed; which said fines and penalties shall accrue to the overseers of the poor, for the use of the poor of the county or corporation wherein the said offence shall be committed. 1 Rev. Code, p. 276. sect. 6.

FRAUD, SEE Cheats.

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FRUIT TREES.

'ALL owners of horses, mares, cattle, and other beasts, which they know to have barked fruit tress, shall keep the same within their own fence ground; and if any person shall take up any horse, mare, kine, or other beast, known by the owner to have barked fruit trees, and shall deliver the same to such owner, he or she shall pay the taker up two dollars for every such beast so taken up and delivered; recoverable, with costs, before any justice of the peace of the county wherein such beast was taken up, or the owner lives. Provided always, That the taker up shall, if required, make oath before the same justice, that he took up such horse, mare, or other beast, and that no means were used by himself, or any other person to his knowledge, to set the same at large, otherwise he shall lose the said reward.' 1 Rev. Code, p. 274,

sect. 4.

county, to wit,

Warrant.

Complaint being this day made to me J P, a justice of the peace for the county aforesaid, by T B, that the said T B did, on the

of

day last, take up a horse (or cow, as the case is) at large, at in the said county, belonging to G P, which the said G P knew to have barked fruit trees, and delivered the same to the said G P, who refused to pay to the said T B two dollars for the same, according to the act of the General Assembly in that case made and provided. These are therefore, in the name of the commonwealth, to require you to bring the said G P before me, or some other justice of the peace for the said county, to answer the premises. Given, &c.

Το

constable.

Judgment.

On hearing the within complaint, it being proved before me, by the oath of that the within named T B did take up the horse (or cow) therein mentioned, belonging to the said G P, and that no means were used by the said T B, or others, to his knowledge, as he hath declared upon oath before me, to set the same at large. It is therefore considered that the said T B recover, against the said G P, two dollars, together with his costs in this behalf expended. Given, &c.

Costs

cents.

GAMING.

The laws on this subject may be found in 1 Rev. Code, ch. 96, p. 174, ch. 221, p. 375, and 2 Rev. Code, ch. 15, p 11.

As but few of the penalties imposed by these laws are cognizable before a single magistrate, and the insertion of all the acts would occupy too much room, it has been deemed sufficient to give the necessary precedents for their use.

(A) Warrant for gaming, on 1 Rev. Code, ch. 96. sect. 5.

county, to wit.

Whereas information hath this day been made before me A B, gentleman, one of the commonwealth's justices of the peace of the said county, by G H, of, &c. that C D hath been guilty of unlawful gaming, by playing at in an ordinary (race field, or public place) in the parish of in the county aforesaid. These are therefore, in the name of the commonwealth, to will and require you to summon the said CD to appear before me, or some other justice of the peace of this county, to show cause why the penalty of twenty dollars should not be levied upon him for his said offence, according to the act of Assembly in this case made. Given, &c.

To JC, constable.

Judgment.

On hearing the within complaint, and it being proved that the within named C D is guilty (or confesses himself guilty) it is therefore considered that the sum of twenty dollars be levied upon him, for the use of the poor of the parish of Given, &c.

county, to wit.

Warrant of Distress.

A B, one of the justices of the peace of the said county, to the constable of

Whereas CD hath been duly convicted before me (or by my own view, or hath confessed himself guilty) of unlawful gaming, in the parish of and county aforesaid. These are therefore, in the name of the commonwealth, to require you to levy by distress and sale, of the goods and chattels of the said C D, the sum of twenty dollars current money, for his offence aforesaid; and that you pay the

to the overseers of the poor thereof. Herein fail not, and make

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