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Using but unexecuted, is not an 'obligation or security within this plates to

section, and an indictment cannot be sustained against one print notes without having it in possession. United States v. Sprague, 11 Biss. authority, 376, 48 F. R. 828, s. C. sub nom. United States v. Williams, etc.

14 Id. 550. The obligation must be executed. United States v. Stevens, 52 F. R. 120. But it is not necessary that the fraudulent bond should purport to be an obligation of the United States, or that the similitude should be such as to deceive experts or cautious men. It is sufficient if it is calculated to deceive an honest, sensible, and unsuspecting man of ordinary observation and care, dealing presumably with an honest man. Id. Whether an instrument is an obligation or not and within the statute is a question for the court. Id. Under the Act of May 16, 1884, it is a crime to print, sell, &c., the bond, note, or obligation of any foreign government. An indictment drawn under this Act, which alleged that the defendant caused three certain impressions to be printed, each in the likeness of a certain part, &c., except the signatures of a genuine treasury note of Brazil, was held sufficient. United States v. White, 25 F. R. 716. The section applies to uncancelled postage stamps but not to cancelled. 20 A. G, Op. 691, 697. It does not apply to a Confederate States note. United States v. Kuhl, 85 F. R. 624; United States o. Barrett, 111 Id. 369; nor to a note issued by a State bank. United States o. Conners, 111 F. R. 734; United States o. Pitts, 112 Id. 522. As to the elements to be proved hereunder, see United States v. Fitzgerald, 91 F. R. 374. “Adapted to the making of any such obligation,” means adapted to the making of the genuine obligation, not the counterfeit. Krakowski v. United States, 161 F. R. 88.

Uttering, SECTION 151. Whoever, with intent to defraud, shall pass, etc., forged utter, publish, or sell, or attempt to pass, utter, publish, or sell, obligations

shall bring into the United States or any place subject to the jurisdiction thereof, with intent to pass, publish, utter, or sell, or shall keep in possession or conceal with like intent, any

or

falsely made, forged, counterfeited, or altered obligation or other Uttering, security of the United States, shall be fined not more than five etc., forged thousand dollars and imprisoned not more than fifteen years. obligations

This section is the same as U. S. Rev. Sts. 8 5431, except that the words “or any place subject to the jurisdiction thereof” are inserted. See note to 8 147. United States v. Randenbush, 8 Pet. 288, 8 L. ed. 948; United States v. Howell, 11 Wall. 432, 20 L. ed. 195; Ex parte Wilson, 114 U.S. 417, 29 L. ed. 89; United States v. Williams, 4 Biss. 302, 28 Fed. Cas. 635; United States v. Jolly, 37 F. R. 108, 109; United States v. Clarke, 38 Id. 500, 503; United States 0. Holmes, 40 Id. 750; United States 0. Albert, 45 Id. 552, 557; United States v. Howell, 64 Id. 110; United States v. Taranto, 74 Id. 219; De Lemos v. United States, 91 Id. 497 ; United States o. Barrett, 111 Id. 369; 26 A. G. Op. 231, 234. The failure of an indictment under this section and $ 5434, in setting out counterfeit notes, to exhibit an imprint of the seal of the Treasury which was shown on the notes put in evidence, is not such a variance as to make it improper to admit the notes in evidence. Neither was it a variance for the indictment to refer to the circulating notes of a national banking association, which it set out at length as “national bank currency notes.” United States v. Bennett, 17 Blatch. 357, 9 Rep. 136. Different offenses under this section and § 5434 may be properly charged in different counts, notwithstanding different punishments are provided. Id. An indictment setting forth the offense in the words of the statute, without alleging that the defendant knew the instrument which he uttered to be false, forged, counterfeited, and altered, is insufficient after verdict and fails to charge any crime. United States v. Carll, 105 U. S. 611, 26 L. ed. 1135. An indictment describing the notes as "false, forged, and counterfeit treasury notes” is sufficient without adding that they were obligations or other securities of the United States. Nor need it aver that the counterfeit Treasury notes were

Uttering, etc., forged obligations

made in the resemblance of a genuine one. United States o. Trout, 4 Biss. 105, 28 Fed. Cas. 223; United States o. Owens, 37 F. R. 112. The use of the statutory words “false, forged, and counterfeited obligation of the United States” in an indictment sufficiently implies that the alleged counterfeit set out in hæc verba in the indictment purports to be a genuine obligation of the United States, and it is also intended to aver that there is or was a legally authorized and existing genuine obligation of which the alleged imitation pretended to be a forgery or counterfeit. United States v. Owens, supra. This section does not, in terms, require that the notes should be uttered as true or genuine, and one may be convicted of uttering or passing upon proof that he sold and delivered the notes as spurious to a third person, intending that they should be passed upon the public as genuine. The words “uttering" and “passing" do not necessarily import that the notes are transferred as genuine, but include any delivery of a note to another for value, intending that it shall be put into circulation as money. United States v. Nelson, 1 Abb. U. S. 135, 27 Fed. Cas. 80. The fact that other existing provisions punish the selling of spurious notes does not prevent the conviction of one upon an indictment for passing, uttering, and publishing such notes, upon proof that he sold them as spurious with intent that they should be put into circulation as money. Id. If one is convicted of several offenses charged in different counts, it amounts to a conviction on separate indictments, and each offense may be separately punished. United States v. Bennett, supra. A conviction under this section does not deprive the defendant of the right of suffrage in the State of New York. United States v. Barnabo, 14 Blatch. 74. The defendant may show that he received the notes in the course of business supposing them to be genuine. United States v. Kenneally, 5 Biss. 122. "With like intent" means with intent to defraud. United States v. Provenzano, 171 F. R. 675. The purpose of this statute is the protection of the bonds and currency of the United States, and not Uttering, the punishment of any fraud upon individuals; hence a

etc., forged

obligations charge of using a government bond or note, supposed to be genuine but in fact counterfeit, to defraud an individual is insufficient. Dunbar v. United States, 156 U. S. 185, 193, 39 L. ed. 390. A defendant may be convicted of a separate offense for each obligation he has in his possession with intent to pass. Logan v. United States, 123 F. R. 291. The indictment must purport to give a true copy of the notes in question. United States v. Fisler, 4 Biss. 59.

SECTION 152. Whoever, without authority from the Taking im. United States, shall take, procure, or make, upon lead, foil, pressions wax, plaster, paper, or any other substance or material, an of tools, impression, stamp, or imprint of, from, or by the use of

implem

any bedplate, bedpiece, die, roll, plate, seal, type, or other tool,

ents,

etc. implement, instrument, or thing used or fitted or intended to be used in printing, stamping, or impressing, or in making other tools, implements, instruments, or things to be used or fitted or intended to be used in printing, stamping, or impressing any kind or description of obligation or other security of the United States now authorized or hereafter to be authorized by the United States, or circulating note or evidence of debt of any banking association under the laws thereof, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both.

This section is the same as U. S. Rev. Sts. $ 5432. 14 A. G. Op. 528, 529.

SECTION 153. Whoever, with intent to defraud, shall have Having unin his possession, keeping, custody, or control, without au- lawful posthority from the United States, any imprint, stamp, or im- session of pression, taken or made upon any substance or material impressions whatsoever, of any tool, implement, instrument, or thing, used, or fitted or intended to be used, for any of the purposes mentioned in the preceding section; or whoever, with intent to defraud, shall sell, give, or deliver any such imprint, stamp, or impression to any other person, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both.

This section is the same as U. S. Rev. Sts. $ 5433.

Dealing in SECTION 154. Whoever shall buy, sell, exchange, transfer, counterfeit receive, or deliver any false, forged, counterfeited, or altered securities

obligation or other security of the United States, or circulating note of any banking association organized or acting under the laws thereof, which has been or may hereafter be issued by virtue of any Act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both.

This section is the same as U. S. Rev. Sts. 5434.

There was no intention of creating a distinction between national bank currency and the circulating notes issued by a banking association, by the language employed in this section, and § 147 is not modified hereby. United States o. Bennett, 17 Blatch. 357, 24 Fed. Cas. 1107.

Secreting or embez zling tools and materials for printing securities

SECTION 155. Whoever, without authority from the United States, shall secrete within, embezzle, or take and carry away from any building, room, office, apartment, vault, safe, or other place where the same is kept, used, employed, placed, lodged, or deposited by authority of the United States, any bedpiece, bedplate, roll, plate, die, seal, type, or other tool, implement, or thing used or fitted to be used in stamping or printing, or in making some other tool or implement used or fitted to be used in stamping or printing, any kind or description of bond, bill, note, certificate, coupon, postage stamp, revenue stamp, fractional currency note, or other

paper, instrument, obligation, device, or document, now or hereafter authorized by law to be printed, stamped, sealed, prepared, issued, uttered, or put in circulation on behalf of the United States; or whoever, without such authority, shall so secrete, embezzle, or take and carry away any paper, parchment, or other material prepared and intended to be used in the making of any such papers, instruments, obligations, devices, or documents; or whoever, without such authority, shall so secrete, embezzle, or take and carry away any paper, parchment, or other material printed or stamped, in whole or part, and intended to be prepared, issued, or put in circulation on behalf of the United States as one of the papers, instruments, or obligations hereinbefore named, or printed or stamped, in whole or part, in the similitude of any such paper, instrument, or obligation, whether intended to issue or put

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