the same in circulation or not, 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. § 5453. v. United States, 170 U. S. 402, 407, 42 L. ed. 1085.

Jolly

Secreting or embezzling tools and materials for printing securities

SECTION 156. Whoever, within the United States or any Counterplace subject to the jurisdiction thereof, with intent to de- feiting fraud, shall falsely make, alter, forge, or counterfeit any foreign bond, certificate, obligation, or other security in imitation of, securities or purporting to be an imitation of, any bond, certificate, obligation, or other security of any foreign government, issued or put forth under the authority of such foreign government, or any treasury note, bill, or promise to pay issued by such foreign government, and intended to circulate as money, either by law, order, or decree of such foreign government; or whoever shall cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid or assist in making, altering, forging, or counterfeiting, any such bond, certificate, obligation, or other security, or any such treasury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall be fined not more than five thousand dollars and imprisoned not more than five years.

This section is the same as the Act of May 16, 1884, c. 52, § 1 (23 St. 22), except that the words "place subject to the jurisdiction thereof" are substituted for "territory thereof," and the words "upon conviction thereof in any circuit or district court of the United States" are omitted.

This is constitutional. See United States v. White, 27 F. R. 200. In a trial of an accessory under this section it is not necessary that the principal should have been convicted. Bliss v. United States, 105 F. R. 508.

SECTION 157. Whoever, within the United States or any Uttering place subject to the jurisdiction thereof, knowingly and with counterfeit intent to defraud, shall utter, pass, or put off, in payment or foreign negotiation, any false, forged, or counterfeited bond, certifi- securities cate, obligation, security, treasury note, bill, or promise to pay, mentioned in the section last preceding, whether the same was made, altered, forged, or counterfeited within the United

Uttering States or not, shall be fined not more than three thousand counterfeit dollars and imprisoned not more than three years. foreign securities

foreign

banks

This section is the same as the Act of May 16, 1884, c. 52, § 2 (23 St. 23), except a few changes.

Counterfeit- SECTION 158. Whoever, within the United States or any ing notes of place subject to the jurisdiction thereof, with intent to defraud, shall falsely make, alter, forge, or counterfeit, or cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid and assist in the false making, altering, forging, or counterfeiting of any bank note or bill issued by a bank or corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country, shall be fined not more than two thousand dollars and imprisoned not more than two years.

notes of foreign banks

This section is the same as the Act of May 16, 1884, c. 52. §3 (23 St. 23), except a few changes.

This is constitutional. An indictment hereunder need not allege or show that the notes are notes of money or issue of a foreign government, sovereign, or power, or that the offense is an offense against the law of nations. United States v. Arjona, 120 U. S. 479, 30 L. ed. 728.

Uttering SECTION 159. Whoever, within the United States or any counterfeit place subject to the jurisdiction thereof, shall utter, pass, put off, or tender in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, as mentioned in the preceding section, knowing the same to be so false, forged, altered, and counterfeited, whether the same was made, forged, altered, or counterfeited within the United States or not, shall be fined not more than one thousand dollars and imprisoned not more than one year.

counterfeit

This section is the same as the Act of May 16, 1884, c. 52, § 4 (23 St. 23), except a few changes.

Having in SECTION 160. Whoever, within the United States or any possession place subject to the jurisdiction thereof, shall have in his possession any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, with intent to utter, pass, or put off the same, or to

foreign securities, etc.

deliver the same to any other person with intent that the Having in same may thereafter be uttered, passed, or put off as true, or possession shall knowingly deliver the same to any other person with counterfeit such intent, shall be fined not more than one thousand dollars foreign securities, and imprisoned not more than one year.

This section is the same as the Act of May 16, 1884, c. 52,

§ 5 (23 St. 23), except a few changes.

etc.

etc., counterfeit

plates of

SECTION 161. Whoever, within the United States or any Having in place subject to the jurisdiction thereof, except by lawful possession, authority, shall have control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, foreign bond, obligation, or other security, in whole or in part, of securities, any foreign government, bank, or corporation, or shall use etc. such plate, stone, or other thing, or knowingly permit or suffer the same to be used in counterfeiting such foreign obligations, or any part thereof; or whoever shall make or engrave, or cause or procure to be made or engraved, or shall assist in making or engraving, any plate, stone, or other thing, in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or whoever shall print, photograph, or in any other manner make, execute, or sell, or cause to be printed, photographed, made, executed, or sold, or shall aid in printing, photographing, making, executing, or selling, any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or whoever shall bring into the United States or any place subject to the jurisdiction thereof, any counterfeit plate, stone, or other thing, or engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.

This section is the same as the Act of May 16, 1884, c. 52, § 6 (23 St. 23), except a few changes.

This section is constitutional. United States v. Arjona, 120 U. S. 479, 30 L. ed. 728; United States v. White, 27 F. R. 200. See also note to § 158.

Connecting parts of different bills, etc.

Counter

feiting gold or silver coins or bars

SECTION 162. Whoever shall so place or connect together different parts of two or more notes, bills, or other genuine instruments issued under the authority of the United States, or by any foreign government, or corporation, as to produce one instrument, with intent to defraud, shall be deemed guilty of forgery in the same manner as if the parts so put together were falsely made or forged, and shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both.

This section is new.

SECTION 163. Whoever shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or shall willingly aid or assist in falsely making, forging, or counterfeiting any coin or bars in resemblance or similitude of the gold or silver coins or bars which have been, or hereafter may be, coined or stamped at the mints and assay offices of the United States, or in resemblance or similitude of any foreign gold or silver coin which by law is, or hereafter may be, current in the United States, or are in actual use and circulation as money within the United States; or whoever shall pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, or bring into the United States or any place subject to the jurisdiction thereof, from any foreign place, knowing the same to be false, forged, or counterfeit, with intent to defraud any body politic or corporate, or any person or persons whomsoever, or shall have in his possession any such false, forged, or counterfeited coin or bars, knowing the same to be false, forged, or counterfeited, with intent to defraud any body politic or corporate, or any person or persons whomsoever, shall be fined not more than five thousand dollars and imprisoned not more than ten years.

This section is the same as U. S. Rev. Sts. § 5457, except a few changes. See note to § 326. Ex parte Waterman, 33 F. R. 29; United States v. Lehman, 39 Id. 768, 770; Kingen v. Kelley, 3 Wyom. 566, 587.

The provision prohibiting the bringing into the United States of counterfeit coin or bars with intent to pass, utter, or publish them is constitutional. It is sustainable under the power to regulate commerce, and also under the power to coin money and regulate its value. United States v. Mari

or silver coins or

bars

gold, 9 How. 560, 13 L. ed. 257; see Campbell v. United CounterStates, 10 Law Rep. 400, 4 Fed. Cas. 1201. The head feiting gold pistareen is no part of the Spanish milled dollar, and is not a silver coin of Spain made current by law in the United States. United States v. Gardner, 10 Pet. 618, 9 L. ed. 556. The jury, in order to convict, should be satisfied that the resemblance of the counterfeit to the genuine is such as might deceive a person exercising ordinary caution. United States v. Morrow, 4 Wash. C. C. 733, 26 Fed. Cas. 1352. One who has made false coins with intent to circulate them, and has carried the manufacture so far as to produce coin capable of being uttered as genuine, may be convicted, though there was evidence that he intended to coat the coins with silver before putting them in circulation. United States v. Abrams, 21 Blatch. 553, 18 F. R. 823. Under this statute, as amended, it is an offense to change by any kind of manipulation any foreign coin into the resemblance of some coin of the United States, or foreign coin made current by law thereof, by gilding, electro-plating, or any other process or coloring. United States v. Russell, 22 F. R. 390. The words "in resemblance or similitude" are a variation or exposition of the words "falsely make, forge, or counterfeit." If the former were dropped out, the legal significance of the statute would be unchanged. United States v. Otey, 12 Sawyer, 416, 31 F. R. 68. The knowledge and intent to defraud, mentioned in this section, refer only to the crime of passing counterfeit money, or having the same in possession, and therefore an indictment for counterfeiting need contain no averment as to intent. Id.; United States v. Russell, supra. But see United States v. King, 5 McLean, 208, 26 Fed. Cas. 787. Proof that counterfeit coin was passed by an agent of the defendant employed for that purpose will sustain a conviction of the principal. United States v. Morrow, supra. The offense named in this section is not infamous, and therefore may be prosecuted