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Law, Section 291, page 167. There need be no impression on the counterfeit, says one authority for it may be in the likeness of the worn coin. 2nd Vol. Bishop's New Criminal Law, Section 291, page 167.

§ 926. Advertisements Like Coins, Etc.-Section 171 provides: "Whoever, within the United States or any place subject to the jurisdiction thereof, shall make, or cause or procure to be made, or shall bring therein, from any foreign country, or shall have in possession with intent to sell, give away, or in any other manner use the same, any business or professional card, notice, placard, token, device, print, or impression, or any other thing whatsoever, in the likeness or similitude as to design, color, or the inscription thereon, of any of the coins of the United States or of any foreign country that have been or hereafter may be issued as money, either under the authority of the United States or under the authority of any foreign government, shall be fined not more than one hundred dollars. But nothing in this section shall be construed to forbid or prevent the printing and publishing of illustrations of coins and medals, or the making of the necessary plates for the same, to be used in illustrating numismatic and historical books and journals and the circulars of legitimate publishers and dealers in the same." Act February 15, 1912.

§ 93. Counterfeiting Minor Coins.-Section 5458 of the old statutes is displaced by Section 164 of the new Code, in the following terms:

"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 in the resemblance or similitude of any of the minor coins which have been, or hereafter may be, coined at the mints of the United States; or whoever shall pass, utter, publish, or sell, or bring into the United States. or any place subject to the jurisdiction thereof from any foreign place, or have in his possession any such false, forged, or counterfeited coin, with intent to defraud any person whomsoever, shall be fined not more than one thousand dollars and imprisoned not more than three years.'

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This statute, it will be noticed, includes all of the elements and ingredients, both with reference to allegation and proof

that have been treated under Sections 163, 148 and 149. It must be understood that the minor coins referred to in the section are those defined and created by Section 3515 of the old statute, which were a five-cent piece, a three-cent piece, and a one-cent piece. An indictment, therefore, which charged the forging and counterfeiting of minor silver coinage is contradictory, and alleges no offense. U. S. vs. Bicksler, 1 Mackey, 341.

§ 94. Making or Uttering Coins in the Resemblance of Money.-New Section 167, in the following words:

"Whoever, except as authorized by law, shall make or cause to be made, or shall utter or pass, or attempt to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for the use and purpose of current money, whether in the resemblance of coins of the United States or of foreign countries, or of original design, shall be fined not more than three thousand dollars, or imprisoned not more than five years, or both,"

displaces old Section 5461. Sections 163 and 164, above mentioned, relate alone to gold and silver coins or bars, and the minor coinage while Section 167 is what may be termed a blanket statute, that denounces as unlawful, any making, uttering, or passing, etc., of any coin, whether of gold or silver or other metal, intended for the use and purpose of current money, and this whether the design be in imitation of any United States obligation, or whether it be in original design.

This statute, if enforced, is capable of being used for much good, in the stamping out of the practice of certain large industries, that pay their labor, and thus enforce a practical serfdom, with checks or due bills or trade vouchers which pass as current money in the camp or town that such industry owns or dominates. The fact part of the statute is found in the words "intended for the use and purpose of current money," and, of course, this can be made to appear either by direct or circumstantial testimony. The jury should be instructed that the tokens were intended for the use and purpose expressed in the statute, and they should so find, beyond a reasonable doubt, before a conviction could be had.

$95. Making or Issuing Devices of Minor Coins.For the protection of the minor coinage, as defined by old

statute 3515, as herein before noticed, the old section 5462 becomes Section 168 in the new Code, which reads as follows:

"Whoever, not lawfully authorized, shall make, issue, or pass, or cause to be made, issued, or passed, any coin, card, token, or device in metal, or its compounds, which may be intended to be used as money for any one-cent, two-cent, three-cent, or five-cent piece, now or hereafter authorized by law, or for coins of equal value, shall be fined not more than one thousand dollars, and imprisoned not more than five years.

In United States vs. Roussopulous, 95 Federal, 977, the Court held that circular metal tokens, which, though of similar color, differed in size and wholly undesigned from any coin of the United States, and are only from one-sixth to one-fifteenth the weight of the coin the nearest the same size, and which do not purport to be money or obligations to pay money, but contain the names of business concerns, with the statement that they are good for a certain value in merchandise, are not tokens in the likeness and similitude of coins of the United States, nor intended to circulate as money, and to be received and used in lieu of lawful money, within the prohibition of Section 5462, Section 3583, or the Act of February 10, 1891.

It will be borne in mind, however, that Section 168 is not nearly so broad as Section 167. It is true of 168, as it was of 167, that there must be an intent to use the token as money, which must be charged, proven, and found, as other essential facts in criminal cases.

§ 96. Other Statutes Relating to the Coinage.Section 165 takes the place of the old Section 5459, as amended by the Act shown at page 579 of the Second Supplement. This section punishes the fraudulent mutilation or lightening of the coinage. There seems to be nothing in the old law or in the new law that inhibits the bona fide use of a coin. If, however, there be a mutilation, for the purpose of defrauding some person, the statute is so broad as to include every possible method. It was said in United States vs. Lissner, 12 Federal, 840, that where one punched a hole with a sharp instrument through a coin, leaving all the silver in the coin, though crowding it into different shape, he committed no offense.

Section 166 relates to the debasement of the coinage by officers of the mint, and is a practical re-enactment of old Section 150. Section 169 relates to counterfeiting, etc., of the dies for coins of the United States, and incorporates all the features of the Act shown in First Supplement, page 889.

Section 170 denounced the counterfeiting of dies for foreign coins, and is based upon the Act shown in the First Supplement, page 890.

Section 171 is an incorporation of the Act shown in First Supplement, page 890, and the Act of the Third of March, 1903, page 1223 of the 32 St. Large, and treats of the making, importing, or having in possession, tokens, prints, etc., similar to United States or foreign coins.

§ 96a.

Counterfeit Dies, Hubs, Molds, Etc.-The Act of February 10, 1891, Chap. 127, 26 Stats. L., 742, which makes it an offense to make any die, hub or mold in the likeness of any die, hub or mold designed for the coining of any of the coins of the United States "without authority from the Secretary of the Treasury," makes it necessary that the indictment must aver the want of such authority and a general averment that the die, hub or mold was unlawfully and feloniously made by defendant is not sufficient. Wroclawsky vs. U. S., 183 Federal, 312.

Sections 169 and 170 of the Criminal Code do not contain the words "Secretary of the Treasury" but do contain the words "without lawful authority." It would appear that an indictment without the words "without lawful authority" would be generally demurrable and yet the proof of such an allegation could only be made by the testimony of the Treasury Department of the United States, and from the lips of such authority in that department as would be able to speak with reference to the custody of all of such property as belonged to the Government. It might be that this proof could be made by a duly commissioned secret service officer who would be sufficiently familiar with the dies. and hubs and molds of the United States, but it is hardly seen how he could qualify and how his testimony would meet the measure of these two sections.

§ 97. Counterfeit Obligations, Etc., to Be Forfeited. -By the terms of Section 172, which reads as follows:

"All counterfeits of any obligation or other security of the United States or of any foreign government, and all material or apparatus fitted or intended to be used, or that shall have been used, in the making of any such counterfeit obligation or other security or coins hereinbefore mentioned, that shall be found in the possession of any person without authority from the Secretary of the Treasury or other proper officer to have the same, shall be taken possession of by any authorized agent of the Treasury Department, and forfeited to the United States, and disposed of in any manner the Secretary of the Treasury may direct. Whoever having the custody or control of any such counterfeits, material, or apparatus, shall fail or refuse to surrender possession thereof upon request by any such authorized agent of the Treasury Department, shall be fined not more than one hundred dollars, or imprisoned not more than one year, or both,"

any counterfeit obligation, security, coin, or other material, is to be forfeited. This section is an enlargement of the Act shown in the First Supplement, page 890, in that it adds a penalty. Whoever, having custody of the material, refuses to surrender, upon request, is liable to one hundred dollars fine, or imprisonment for not more than one year, or both.

§ 98. Search Warrant.-In aid of the above statute, and particularly for the suppression of all sorts of counterfeiting, we have Section 173 of the new Code, in the following words:

"The several judges of courts established under the laws of the United States and United States commissioners may, upon proper oath or affirmation, within their respective jurisdictions, issue a search warrant authorizing any marshal of the United States, or any other person specially mentioned in such warrant, to enter any house, store, building, boat, or other place named in such warrant, in which there shall appear probable cause for believing that the manufacture of counterfeit money, or the concealment of counterfeit money, or the manufacture or concealment of counterfeit obligations or coins of the United States of or any foreign government, or the manufacture or concealment of dies, hubs, molds, plates, or other things fitted or intended to be used for the manufacture of counterfeit money, coins, or obligations of the United States or of any foreign government, or of any bank doing business under the authority of the United States, or of any State or Territory thereof, or any bank doing business under the authority of any foreign government, or of any political division of any foreign government, is being carried on or practiced, and there search

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