punishment, the statute punishment cannot be inflicted unless the indictment concludes contra formam statuti.

4. "Otherwise, where the statute only inflicts a punishment on that which was an offence before.

5. "In an indictment for forging a bank note, it is not necessary to set forth the ornamental parts of the bill, as the devices, matters," etc.

White v. Commonwealth, 1812, 4 Binney, 421.-" Notwithstanding the expiration of the corporate powers of the late Bank of the United States, it is still an indictable offence, and punished within the Act of 22 April, 1794, to pass a counterfeit note of that bank, knowing it to be such; and any forged note, counterfeiting a genuine note of that bank issued during the existence of its corporate powers, is a counterfeit note of that bank."

Commonwealth v. Smith, 1819, 6 Sergt. & Rawle, 569.-The defendant, Smith, was charged with uttering a forged paper, purporting to be a bank note, with intent to defraud T. E. Held, That it is not necessary to prove the existence of the bank, unless the indictment charges that it was an incorporated bank, or that the intent was to defraud the bank.

A witness who knows the handwriting of the president and cashier of the bank can prove the forgery of their signatures, though his acquaintance with their genuine signatures is limited to an official correspondence. Such a case will be strengthened, if the witness will state that from the appearance of the note he believes it to be counterfeit.

IX. HAVING IN HIS POSSESSION PLATES, BANK NOTES OR BANK-NOTE PAPER.

Act 31 March, 1860, Sec. 165, P. L., 422.-If any person shall make, engrave or prepare, or cause to be made, engraved or prepared, or shall have in his custody or possession, any metallic or other plate or substance, either made, engraved or prepared after the similitude of any plate from which any notes or bills issued by any of the said banks shall have been printed or taken, or wherefrom and by means whereof notes or bills may be made, engraved or prepared, after the similitude of notes or bills issued by any such bank, with intent to use such plate or substance, or to cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by any of the said banks, or shall have in his custody or possession any note or notes, or blank note or notes, bill or bills, made, engraved, printed or otherwise prepared, after the similitude of any notes or bills issued by either of the said banks, with intent to pass, utter and publish such simulated notes, or to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by the said banks, or either of them, or shall have in his custody or pos

session any paper adapted to the making of bank notes or bills, and similar to the paper upon which any of the notes or bills of either of the said banks shall have been issued, with intent to use such paper, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by either of the said banks, such offender shall be guilty of felony, and be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years.

X. CONNECTING PARTS OF NOTES OR OTHER INSTRUMENT SO AS TO PRODUCE MORE.

Act 31 March, 1860, Sec. 166, P. L., 423.—If any person shall fraudulently connect different parts of several bank notes, or other instruments, in such a manner as to produce one or more additional notes or instruments, with intent to pass or utter all or any thereof as genuine, or shall utter, publish or pass the same, or either of them, with the intent to defraud any person or body corporate, the said offence shall be deemed forgery or fraudulent uttering and publishing, in like manner as if each of them had been falsely made, forged or counterfeited, and shall be punished accordingly.

XI. HAVING IN POSSESSION MORE THAN TEN FORGED NOTES, WITH INTENT TO DEFRAUD.

Act 31 March, 1860, Sec. 167, P. L., 423.-If any person shall have in his possession or under his custody, at the same time, ten or more similar false, forged, altered or counterfeit bank bills or notes, knowing the same to be false, forged, counterfeited or altered, with intent to utter or pass the same as true and genuine, or to sell the same, and thereby injure and defraud, or cause to injure or defraud, such offender shall, on conviction, be sentenced as in cases of forgery or fraudulently uttering and passing such

notes.

XII. PASSING NOTES OF FICTITIOUS BANKS.

Act 31 March, 1860, Sec. 168, P. L. 423.-If any person shall fraudulently utter or pass any note or bill purporting to be the bill or note of a bank, company or association which never

did in fact legally exist, knowing that the bank, company or association purporting to have issued the same never did legally exist, such offender shall, on conviction, be sentenced as in cases of uttering and publishing forged and counterfeited bank notes, knowing the same to be forged.

XIII. FORGING AND UTTERING, ETC., OF NATIONAL CURRENCY PUNISHED AS THE OFFENCES IN THE 164TH, 165тH, 166тH AND 167TH SECTIONS OF THE ACT 31 MARCH, 1860, P. L., 422, 423.

Act 7 January, 1867, Sec. 1, P. L., 1369.-The falsely making, forging, altering or counterfeiting, or assisting or procuring the same to be done, or passing, uttering and publishing, or attempting to pass, utter or publish, any false, forged or counterfeit note, bill or check, or selling, uttering and delivering, or procuring the same to be done, or making, engraving or preparing, or having in possession, with intent to use, any plate from which any counterfeit note may be printed, or having in possession any forged, counterfeited or altered notes, or paper adapted to the making of bank notes, with intent to use, or suffer to be used, in forging or counterfeiting, or fraudulently connecting different parts of any notes, with intent to fraudulently pass the same, or having in possession ten or more similar false, forged, altered and counterfeit notes, with intent to pass or sell the same, of any notes issued by the United States, or under the authority thereof, or any postage currency, issued by the same, or under any law of Congress, or the notes of any bank or association, created, chartered or incorporated under any law of Congress, shall, to all intents and purposes, come within the provisions of the 164th, 165th, 166th and 167th sections of the act to which this is a supplement, passed on the 31st day of March, 1860, as fully, to all intents and purposes, as if said notes, currency, banks and associations had been specially named or described in said sections, and shall constitute the same offence, and be punished in like manner, as if therein particularly named and described.

XIV. PENALTY FOR FORGING BONDS OF THE UNITED STATES, OR ANY STATE, MUNICIPALITY, CORPORATION, INDIVIDUAL OR COMPANY.

Act 7 January, 1867, Sec. 2, P. L., 1370.-If any person shall, falsely and fraudulently, make, forge or counterfeit, or cause or procure, or willingly aid or assist, in making, forging, counterfeiting or altering, any coupon or other instrument of writing, for the payment of money, purporting to be attached to, or form part of any bond or obligation, issued by the United States, by this or any other State or Territory, or any municipal or other corporation, company or individual; or shall pass, utter, publish, or attempt to pass, utter or publish, as true and genuine, any false, forged or counterfeited coupon, or other instrument of the form and similitude thereof, as aforesaid, knowing the same to be false, forged or counterfeit, with intent to defraud any person, company or corporation whatever, or the United States, or this or any other State or Territory; or shall sell, utter or deliver, or cause to be sold, uttered or delivered, any such false, forged or counterfeit coupon, or other instrument as aforesaid, knowing the same to be such; or if any person shall have in his or her possession, or under his or her control, ten or more false, forged, counterfeited or altered, coupons or other instruments of writing purporting to be issued as aforesaid, knowing the same to be false, forged, counterfeited or altered, with intent to utter, pass or sell the same, and thereby to injure and defraud, or cause to be injured and defrauded, as aforesaid, such offender shall be guilty of felony, and, on conviction, shall be sentenced to pay a fine, not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years.

XV. PENALTY FOR ENGRAVING PLATES, OR THE CUSTODY OF THEM, SIMULATING PLATES FROM WHICH ARE PRINTED ANY BONDS, NOTES, COUPONS, SECURITIES, ETC., ISSUED BY THE UNITED STATES, OR ANY STATE, CORPORATION, COMPANY OR INDIVIDUAL.

Act 7 January, 1867, Sec. 3, P. L., 1369.-If any person shall make, engrave or prepare, or cause or procure to be made, engraved or prepared, or have in his custody or possession, any plate

or substance, made or prepared, after the similitude of any plate or substance, from which any bond, note, coupon or other instrument, issued by the United States, or this or any other State or Territory, or any corporation, company or individual, shall have been printed or taken, or wherefrom or by means whereof bonds, notes, coupons or other instruments for the payment of money, may be made, printed or prepared, after the similitude of such bonds, notes, coupons or other instruments issued as aforesaid, with intent to use such plate or substance, or cause or suffer the same to be used, in forging or counterfeiting any of the instruments aforesaid; or shall have in his or her possession or custody, any paper adapted to the making of any such bonds, notes, coupons or other instruments, similar to the paper on which said obligations or evidences of debt shall have been issued, with intent to use such paper, or suffer the same to be used, in forging or counterfeiting such instruments; such offender shall be guilty of a felony, and, on conviction, sentenced to pay a fine, not exceeding one thousand dollars, and be imprisoned, by separate or solitary confinement at labor, not exceeding five years.

XVI. FORGERY, OR FRAUDULENT MAKING, ALTERING, UTTERING OR PUBLISHING, OF WRITTEN INSTRUMENTS.

Act 31 March, 1860, Sec. 169, P. L., 423.—If any person shall fraudulently make, sign, alter, utter or publish, or be concerned in the fraudulent making, signing, altering, uttering or publishing any written instrument, other than notes, bills, checks or drafts already mentioned, to the prejudice of another's right, with intent to defraud any person or body corporate, or shall fraudulently cause or procure the same to be done, he shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding ten years.

Commonwealth v. Sankey, 1853, 10 Harris, 394, 395.-The defendant wrote a note payable to himself, for $141, and got an illiterate man to sign it, by falsely and fraudulently pretending that it was for $41 only.

On a special verdict finding these facts, the court gave judgment in favor of the accused.

The act was a forgery according to all the text writers on criminal law, from