United States not less than twenty dollars, to which may be added, for Oct. 16, 1868, $5. an aggravated offense, imprisonment not exceeding six Trespass on months in the county jail or work-house, to be prosecuted buildings, etc., before any court of competent jurisdiction. at Portland. See note to § 1806. CHAPTER IV. FORGERY AND COUNTERFEITING. § 1808. Forgery of record, certificate, conveyance, etc., or altering sam^. § 1810. § 1811. § 1809. Forgery of evidence of debt issued by any government. § 1812. § 1813. § 1814. Making or having in possession tool for counterfeiting money. § 1815. § 1816. § 1817. § 1818. Fraudulently joining parts of different instruments, effect of. § 1820. Sworn certificate of certain officers, evidence in prosecution for § 1821. Punishment of person convicted of second crime. § 1822. Adulterating or selling adulterated gold-dust, punishment for. § 1823. Adulterated gold dust, possession of, with intent to pass the same as genuine, punishment of. § 1824. Selling or passing adulterated gold-dust, punishment of. 584. Forging or record, etc. 20 Or. 195. § 1808. [592.] If any person shall, with intent to Oct. 19, 1864, injure or defraud any one, falsely make, alter, forge, or counterfeit any public record whatever, or any certificate, altering return, or attestation of any clerk, notary public, or other public officer, in relation to any matter wherein such certificate, return, or attestation may be received as legal evidence, or any note, certificate, or other evidence of debt issued by any officer of this state, or any county, town, or other municipal or public corporation therein, authorized to issue the same, or any contract, charter, letters patent, deed, lease, bill of sale, will, testament, bond, writing obligatory, undertaking, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, evidence of debt, or any acceptance of a bill of exchange, indorsement or assignment of a Oct. 19, 1864, $584. Forging or altering record, etc. promissory note, or any warrant, order, or check, or Forgery. The above section was evidently intended to be sufficiently comprehensive and particular to include every case that could arise. Forgery is defined to be the signing by one without authority, and falsely and with intent to defraud, the name of another to an instrument, which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability: State v. Thompson, 19 Iowa, 299; State v. Pierce, 8 Id. 231; Waterman v. State, 67 Ill. 91. Forgery is the false making of any written instrument for the purpose of fraud and deceit: 3 Ch. Crim. L. 1022. The forging of any writing by which a person might be prejudiced is forgery at common law: State v. Kimball, 50 Me. 409. It is not essential to the crime that the person in whose name the forged instrument purports to be made shall have legal capacity to make it: State v. Eades, 68 Mo. 150. But an instrument having no validity upon its face is not a subject of forgery: Abbott v. Rose, 62 Me. 194. If the indictment merely sets out an instrument which is a nullity upon its face, without any averment showing it can be made to act injuriously or fraudulently, by reason of matter aliunde, no case is made: People v. Tomlinson, 35 Cal. 507. In the case of Brown v. People, S6 Ill. 239, it was held that to authorize an indictment and conviction for forgery the instrument alleged to have been forged must be such as if genuine would be effective, and that no indictment can be founded upon an instrument purporting to be a decree of divorce which on its face does not appear to be a copy of the record. Intent being an element of the crime of forgery, evidence of the de fendant's drunkenness and of its effect upon him are admissible: People v. Blake, 3 West Coast Rep. 38. If a note is uttered and published as true and genuine with intent to defraud, the offense is made out, though no defrauding be actually accomplished: State v. Lurch, 12 Or. 99. The alteration of a check already made is forgery: People v. Brotherton, 47 Cal. 388; Wilson v. South Park Commissioners, 70 Ill. 46. And it is no defense that the drawer of the forged check is a fictitious person, nor that he had no funds in the bank on which the check is drawn: Thomp son v. State, 49 Ala. 16. If there are two persons of the same name, and one of them signs that name to notes with the intention that the notes shall be used in trade as the notes of the other, it is forgery: Barfield v. State, 29 Ga. 127. Where defendant did not himself sign the name to the forged note, but procured an innocent person to sign the name, by falsely representing that he had authority to to do so from the person whose name was signed, he was adjudged guilty: Gregory v. State, 26 Ohio St. 510. Where one fraudulently executes and issues an instrument purporting on its face to be executed by him as agent of the principal therein named, he is not guilty of forgery, though he have no authority from the principal to execute the instrument: Ma a v. People, 15 Hun, 155; see also Propů v. Shotwell, 27 Cal. 394; Poque v. Frank, 28 Id. 507; Fuller v. F. 26 Id. 546; Wright v. Caričio, 22 11 595; People v. Ah Sam, 41 IL 645; People v. Ferris, 56 Id. 442; Pag' v. Cummings, 57 Id. 938. A notes not a forgery, but is genuine, where signed by one party under the direc tion and authority of the persons represented to be the makers: State v. Lurch, 12 Or. 99. By the above section, the uttering or passing, as well as the making, etc., of a forged instrument, is declared a forgery: See People v. Ah Woo, 28 Cal. 205; People v. Tomlinson, 35 1d. 503; State v. Lane, 80 N. C. 407; State v. Snow, 30 La. Ann. 401. The act of uttering the instrument, with knowledge of its fictitious character, and with intent to defraud, are the essential elements of the crime: Dunn v. People, 4 Col. 126. It is enough if it be offered as genuine, and it is not necessary that it should have been actually received as genuine by the party upon whom the fraud is attempted: People v. Caton, 25 Mich. 388. The bringing of a suit at law, as counsel, upon a forged note, and recovering judgment, and taking proceedings to enforce the judgment, knowing the note to be a forgery, amounts to uttering a forged note: Chahoon v. Commonwealth, 20 Gratt. 733. Forging, attempting to pass, and passing as genuine a check, if charged in the various counts of an indictment so as to show in each that the same check is referred to, constitute but one crime: People v. Shotwell, 27 Cal. Oct. 19, 1864, Upon a trial for uttering a forged In an indictment for forgery it is not necessary to name any particular person in the indictment as having been defrauded. The naming of such person confines the proof of defrauding to the person named: State v. Lurch, 12 Or. 104. If the forged or counterfeit order is in the Chinese language, to set it out in English in the indictment is good: People v. Ah Woo, 28 Cal. 208. $585. Forging evi § 1809. [593.] If any person shall, with intent to in- Oct. 19, 1864, jure or defraud any one, make, alter, forge, or counterfeit any bank bill, promissory note, draft, check, or other dence of debt. evidence of debt issued by the United States, this state, or any state or territory of the United States, or any other state, government, or country, or by any corporation, company, or person duly authorized for that purpose by the laws of the United States, this state, or any state or territory of the United States, or any other state, government, or country, such person, upon conviction thereof, shall be punished in the manner provided in section 1808 [592]. 586. Uttering forged evidence of § 1810. [594.] If any person shall, with intent to in- Oct. 19, 1864, jure or defraud any one, knowingly utter or publish, or pass, or tender in payment as true and genuine, any evide false, altered, forged, or counterfeited bill, note, draft, check, or other evidence of debt specified in section 1809 Oct. 19, 1864, 586. Oct. 19, 1864, § 587. Possession of such forged evidence of debt. Oct. 19, 1864, $588. Making or having any tool for counfeiting. Oct. 19, 1864, 589. Counterfeiting coin. [593], such person, upon conviction thereof, shall be punished in the manner provided in section 1808 [592]. § 1811. [595.] If any person shall have in his possession any bill, note, draft, check, or other evidence of debt specified in section 1809 [593], with intent to utter or pass the same as true, knowing the same to be false, altered, forged, or counterfeited, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than five years. § 1812. [596.] If any person shall engrave, make, or begin to engrave, make, or mend any plate, block, press, or other tool, instrument, or implement, or shall make, prepare, or provide any paper or other materials adapted and designed for the forging or making any false or counterfeit bill, note, draft, check, or other evidence of debt, as specified in section 1809 [593], or shall have in his possession or control any such plate, block, press, or other tool, instrument, or implement, or paper or other material adapted and designed as aforesaid, with intent to use the same, or to cause or permit the same to be used in forging or making any such false or counterfeit bill, note, draft, check, or other evidence of debt, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than five years. See the note to the next section. § 1813. [597.] If any person shall counterfeit any gold, silver, or other coin current by law or usage within gold or silver this state, or shall, with the intent to utter or pass the same as true and genuine, have in his possession or control any false coin counterfeited in the similitude of any gold, silver, or other coin current as aforesaid, knowing the same to be false and counterfeit, and with intent to utter or pass the same as true and genuine, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than ten years. Counterfeiting. The passing, with intent to defraud, of counterfeit money is an offense against the state as well as the United States, and although Congress might, perhaps, by appropriate legislation, render the jurisdiction of the national courts exclusive, yet, so long as it does not do so the state courts will have jurisdiction: In re Truman, 44 Mo. 181; People v. White, 34 Cal. 183; Fox v. State, 5 How. 410; Moore v. Illinois, 14 Id. 13. But state courts have no power to punish crimes against the laws of the United States as such: People v. Kelly, 38 Cal. 145. The authority for punishing the crime of counterfeiting the coin of the United States rests exclusively in the courts of the United States: State v. Brown, 2 Or. 221; but the offense of having implements, etc., adapted to the counterfeiting of the coin of the United States in one's possession with intent to use the same for such purpose is not included in Oct. 19, 1864, One who sells counterfeit money to $590. Attempt to § 1814. [598.] If any person shall, with intent to in- Oct. 19, 1864, jure or defraud any one, knowingly utter, pass, or tender in payment as true and genuine any such false and utter count counterfeit coin as is specified in section 1813 [597], such person, upon conviction thereof, shall be punished in the manner as provided in section 1813 [597]. See the note to the preceding section. feit coin terfeiting coin. § 1815. [599.] If any person shall stamp, engrave, Oct. 19, 1864, make, or mend or begin to stamp, engrave, make, or $591. mend, or have in his possession or control, any mold, Making or pattern, die, puncheon, engine, press, or other tool, im- Pool for counplement, or instrument adapted and designed for coining or making any counterfeit coin in the similitude of any gold, silver, or other coin current by law or usage in this state, with intent to use the same, or cause or permit the same to be used or employed, in coining or making any such false and counterfeit coin as aforesaid, such person, upon conviction thereof, shall be punished in the manner provided in section 1813 [597]. See note to § 1813 [597], ante. Oct. 19, 1864, § 1816. [600.] In any case where the intent to injure or defraud is necessary, by the provisions of this chap- $592. ter, to constitute the crime, it shall be sufficient to allege |