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CHAPTER SEVEN

or

OFFENSES AGAINST THE CURRENCY, COINAGE, ETC.
SECTION

SECTION
147. "Obligation or other security 164. Counterfeiting minor coins
of the United States" de-

165. Falsifying, mutilating, fined

lightening coinage 148. Forging or counterfeiting 166. Debasement of coinage by United States securities

officers of the Mint 149. Counterfeiting national-bank 167. Making or uttering coins in notes

resemblance of money 150. Using plates to print notes 168. Making or issuing devices of without authority, etc.

minor coins 151. Passing, selling, concealing, 169. Counterfeiting, etc., dies for etc., forged obligations

coins of United States 152. Taking impressions of tools, 170. Counterfeiting, etc., dies for implements, etc.

foreign coins 153. Having in possession un- 171. Making, importing, or havlawfully such impressions

ing in possession tokens, 154. Buying, selling, or dealing in

prints, etc., similar to forged bonds, notes, etc.

United States or foreign 155. Secreting or removing tools or

coins
material used for printing 172. Counterfeit obligations, se-
bonds, notes, stamps, etc.

curities, coins, or material 156. Counterfeiting notes, bonds,

for counterfeiting, to be etc., of foreign governments

forfeited 157. Passing such forged notes, 173. Issue of search warrant for bonds, etc.

suspected counterfeits, 158. Counterfeiting notes of for

etc.; forfeiture eign banks

174. Circulating bills of expired 159. Passing such counterfeit

corporations bank notes

175. Imitating national-bank 160. Having in possession such

notes with printed adverforged notes, bonds, etc.

tisements thereon 161. Having unlawfully in pos- 176. Mutilating or defacing nasession, or using, plates for

tional-bank notes such notes, bonds, etc. 177. Imitating United States se162. Connecting parts of differ

curities or printing busient instruments

ness cards on them 163. Counterfeiting gold or silver 178. Notes of less than one dollar coins or bars

not to be issued SECTION 147. The words “obligation or other security of Obligathe United States "shall be held to mean all bonds, certificates of indebtedness, national-bank currency, coupons, United other secuStates notes, Treasury notes, gold certificates, silver certifi- rity of the

United cates, fractional notes, certificates of deposit, bills, checks, or States drafts for money, drawn by or upon authorized officers of the defined

tion or

“Obligation or other security of the United States" defined

United States, stamps and other representatives of value, of whatever denomination, which have been or may be issued under any Act of Congress.

This section is the same as U. S. Rev. Sts. $ 5413, except that the words “gold certificates, silver certificates” are inserted. See note to § 195. Jolly v. United States, 170 U. S. 402, 405, 42 L. ed. 1085; United States v. Trout, 4 Biss. 105, 28 Fed. Cas. 223; Ex parte Houghton, 7 F. R. 657, 8 Id. 897, 24 Alb. L. J. 145, 2 Crim. L. Mag. 759; United States v. Owens, 37 F. R. 112; United States v. Albert, 45 Id. 552; United States v. Kuhl, 85 Id. 625; 22 A. G. Op. 40. A certificate issued by an army paymaster to an enlisted man under, the provisions of Rev. Sts. § 1305 is an “obligation or security of the United States.” Neall v. United States, 118 F. R. 699. A cancelled postage stamp is not. 20 A. G. Op. 691. An indictment for the felonious possession of a national-bank note need not aver that it is the note of any particular bank if the note is copied in the indictment and appears to be such a note. United States v. Williams, 4 Biss. 302. See 14 A. G. Op. 528, as to internal revenue stamps bearing upon them the portraits of living persons. As to United States v. Bennett, 17 Blatch. 357, 24 Fed. Cas. 1107, see note to s 154. This section applies only to the penal statutes. 26 A. G. Op. 231, 233.

SECTION 148. Whoever, with intent to defraud, shall falsely make, forge, counterfeit, or alter any obligation or other security of the United States shall be fined not more than five thousand dollars and imprisoned not more than

Forging or counterfeiting securities

fifteen years.

This section is the same as U. S. Rev. Sts. 8 5414, except that the word “other” is inserted before “security.” Ex parte, Carll, 106 U. S. 521, 27 L. ed. 288; United States o. Crecilius, 34 F. R. 30; United States o. Owens, 37 Id. 112; United States v. Albert, 45 Id. 552, 555; De Lemos o. United States, 91 Id. 497; Neall v. United States, 118 Id. 699; Hoke v. People, 122 Ill. 511; 14 A. G. Op. 528; 26 Id. 231, 234. The offenses described in this section are not felonies Forging or

counterand the defendant is entitled to but three peremptory chal

feiting lenges. United States v. Coppersmith, 4 F. R. 198, 10 Rep. securities 517. See United States v. Field, 16 F. R. 778, note. It is unnecessary to aver in the indictment any specific intent to defraud the United States or any particular person. The forgery of an indorsement of the payee upon a post-office warrant upon the Treasury of the United States, such indorsement being legally a part of said warrant, is an offense within this section. United States v. Jolly, 37 F. R. 108.

SECTION 149. Whoever shall falsely make, forge, or Countercounterfeit, or cause or procure to be made, forged, or count- feiting terfeited, or shall willingly aid or assist in falsely making, national. forging, or counterfeiting, any note in imitation of, or pur

bank notes porting to be in imitation of, the circulating notes issued by any banking association now or hereafter authorized and acting under the laws of the United States; or whoever shall pass, utter, or publish, or attempt to pass, utter, or publish, any false, forged, or counterfeited note, purporting to be issued by any such association doing a banking business, knowing the same to be falsely made, forged, or counterfeited; or whoever shall falsely alter, or cause or procure to be falsely altered, or shall willingly aid or assist in falsely altering, any such circulating notes, or shall pass, utter, or publish, or attempt to pass, utter, or publish as true, any falsely altered or spurious circulating note issued, or purporting to have been issued, by any such banking association, knowing the same to be falsely altered or spurious, shall be fined not more than one thousand dollars and imprisoned not more than fifteen years.

This section is the same as U. S. Rev. Sts. $ 5415, except that there is a slight change in the punishment. United States o. Roudenbush, Baldw. 514; United States o. Crecilius, 34 F. R. 30; United States v. Owens, 37 Id. 112; Thompson v. United States, 144 Id. 14; United States v. Bennett, 17 Blatch. 357, 24 Fed. Cas. 1107; Hoke v. People, 122 Ill. 511. Knowledge is a necessary element of the crime of passing counterfeit notes, and must be shown by evidence other

Counter

than the spurious character of the notes. Gallagher o. United feiting national

States, 144 F. R. 87. This section does not apply to a Conbank notes federate note passed on an ignorant person in the night time.

United States v. Wilson, 44 F. R. 751. The unauthorized signing of names to notes of a national bank purporting to be those of the president and cashier constitutes the crime of forging such notes whether or not the names so signed are in fact those of the president and cashier. Logan v. United States, 123 F. R. 291. State courts have no jurisdiction of the crime of passing counterfeit bank notes. Ex parte Houghton, 7 F. R. 657, 8 Id. 897, 24 Alb. L. J. 145, 2 Crim. L. Mag. 759.

Using SECTION 150. Whoever, having control, custody, or posplates to

session of any plate, stone, or other thing, or any part thereof, print notes from which has been printed, or which may be prepared by without

direction of the Secretary of the Treasury for the purpose of authority, etc.

printing, any obligation or other security of the United States, shall use such plate, stone, or other thing, or any part thereof, or knowingly suffer the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof; or whoever by any way, art, or means shall make or execute, or cause or procure to be made or executed, or shall assist in making or executing any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security; or whoever shall sell any such plate, stone, or other thing, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States; or whoever shall have in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; or whoever shall have Using in his possession or custody, except under authority from plates to the Secretary of the Treasury or other proper officer, any print notes obligation or other security made or executed, in whole or in without

authority, part, after the similitude of any obligation or other security

etc. issued under the authority of the United States, with intent to sell or otherwise use the same; or whoever shall print, photograph, or in any other manner make or execute, or cause to be printed, photographed, made, or executed, or shall aid in printing, photographing, making, or executing any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or shall sell any such engraving, photograph, print, or impression, except to the United States, or shall bring into the United States or any place subject to the jurisdiction thereof, from any foreign place any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States; or whoever shall have or retain in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than fifteen years, or both.

This section is founded on U. S. Rev. Sts. § 5430, but is enlarged.

United States v. Smith, 40 F. R. 755, 758; 26 A.G.Op. 231, 234. It seems to have been held in Re Wilson, 18 F. R. 33, that a prosecution under this section may be begun by information. But in the Supreme Court in the same case it was held (114 U. S. 417, 29 L. ed. 89) that a person sentenced to imprisonment for an infamous crime, without having been indicted or presented by a grand jury, may be discharged on habeas corpus. It is a crime to photograph or execute likenesses of United States treasury notes, although the similarity of the photograph to the original is not calculated to deceive the public. Ex parte Holcomb, 2 Dillon, 392, 12 Fed. Cas. 328. A bond resembling a United States bond,

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