First count. Forging at common law, a certificate of an officer of the American army, in 1777, to the effect that he had received certain stores, &c.(h)

That C. S., late of the county aforesaid, yeoman, on, &c., and long before and since, was a clerk to the department of the commissarygeneral of military stores in the armies of the United States of America, and entrusted and employed by colonel B. F., the commissarygeneral of military stores in the armies aforesaid, and by the honourable continental congress, to make payments and take receipts, bills of parcels and other vouchers for military stores and for divers articles necessary and fitting in the preparation of military stores purchased for the use of the armies aforesaid, and to keep the accounts thereof. And the jurors aforesaid upon their oaths and affirmations aforesaid, do further present, that the same C. S., on, &c., at the City of Philadelphia, in the county aforesaid, contriving and intending falsely and fraudulently to deceive and defraud the United States aforesaid, with force and arms, falsely, wickedly and unlawfully did make, forge and counterfeit, and cause to be made, forged and counterfeited, a certain writing purporting to be a receipt for one thousand and twenty pounds and fifteen shillings, and purporting to be signed in the name of one A. F., in the words and figures following, to wit, "3. Received 1st July, 1777, of colonel B. F., C. G. U. S., one thousand and twenty pounds, fifteen shillings for 820 bayonet belts, and 920 cartouch boxes for the use of the army.

"-£1020 15

to the evil example of all others in like case damage of the United States, and against, &c. 1, chap. 3).

Second count. Publishing the same.

A. F." offending, to the great (Conclude as in book

And the jurors aforesaid, upon their oaths and affirmations aforesaid, do further present, that the said C. S., contriving and intending the said United States, falsely and fraudulently to deceive and defraud, then and there, with force and arms, the said writing so as aforesaid falsely made and counterfeited, purporting to be a receipt. for the sum of one thousand and twenty pounds and fifteen shillings,

pany; the fourth count, &c., with an intent to defraud D. L.; the court, on motion in arrest of judgment, held, that the omission of one of the partners in one count, and of two of them in another, was not fatal; for an acquittal on such an indictment, will always be a bar to another prosecution for the same forgery, though laid with intent to injure some other person; People v. Curling, 1 Johns. R. 320; R. v. Hanson, 1 C. & M. 334.

The allegation, &c., "commonly called a bank note, purporting to be a good and genuine bank note of one hundred dollars, on the bank of the state of South Carolina," contains a sufficient averment of the existence of such a bank as the bank of the state of South Carolina; State v. Ward, 2 Hawks 443.

(g) This averment is unnecessary in statutory forgeries, and does not seem to be required at common law; People v. Rynders, 12 Wend. 425; though in the latter class of indictments, it is more prudent to insert it.

(h) Res. v. Sweers, 1 Dall. 41. The objection taken to this and the succeeding indict. ment, that the intent to defraud the United States was vicious, was overruled by M'Kean C. J., and the defendant sentenced. The trial, it must be observed, was in the Supreme Court of Pennsylvania.

and purporting to be signed in the name of the said A. F., wickedly, unlawfully and fraudulently did publish and cause to be published as and for a true writing and receipt of the said A. F.; which said falsely forged and counterfeited writing is in the words and figures following, to wit, " 3. Received 1st July, 1777, of colonel B. F., C. G. U. S., one thousand and twenty pounds fifteen shillings, for 820 bayonet belts, and 920 cartouch boxes for the use of the army.

"-£1020 15

A. F." (he the said C. S., at the time of publishing the said false and counterfeit writing, there by him in form aforesaid, well knowing the said writing to have been falsely forged and counterfeited as aforesaid), to the evil example of all others in like case offending, to the great damage of the said United States, and against, &c. (Conclude as in book 1, chap. 3).

Forgery. Altering a certificate of an officer of the American army in 1778, to the effect he had received for the use of the troops at Carlisle certain articles of clothing. Offence laid at common law, the intent being to defraud the United States.(i)

That C. S., late of the county aforesaid, yeoman, on, &c., was a deputy commissary-general of military stores in the armies of the United States of America, and entrusted and employed by colonel B. F., the commissary-general of military stores in the armies aforesaid, and by the honourable continental congress, to make purchases of military stores and of divers other articles necessary and fitting in the preparation of military stores, for the use of the armies aforesaid, and to make payments and take receipts, bills of parcels and other vouchers therefor. And the jurors aforesaid, upon their oaths and affirmations aforesaid, do say, and further present, that the said C. S., on, &c., at the City of Philadelphia, in the county aforesaid, having in his custody and possession a certain bill of parcels or account, with a certificate and receipt all in writing, for a parcel or quantity of flannel cloth by him purchased of one M. D., for the use of the laboratory of the same armies, and which said writing was in the words, figures, ciphers and letters following-that is to say:

"U. S. A.

To M. D., Dr.

"1778, Feb. 4th. To 57 & a qr. yds. flannel, 32s. 6d.

£83 5 7

To 9 yds.

To 107 & 3 qr. yds. do.

52s. 6d.

282 16 10

£ 381 17 5"

"I do certify, that the above was purchased and delivered to me for the use of the laboratory at Carlisle.

"I. C., Cap. of the Artillery." And on the back side of which said writing is endorsed and written

(i) R. v. Sweers, 1 Dall. 41.

the words following: "Received the within contents in full, M.D." He the said C. S., afterwards, to wit, on the same day and year aforesaid, at Philadelphia aforesaid, in the county aforesaid, with force and arms, the said bill of parcels or writing, falsely, fraudulently and deceitfully did alter and cause to be altered, by falsely making, forging and adding the figure 4 to and before the figure 9, in the second item of the said bill of parcels or writing, which figures and letters did before such last mentioned forgery import and signify nine yards, but by reason and means of such last mentioned forgery and addition did become, import and signify forty-nine yards; and also by forging and altering the figure 1, in the sum of the said second item in the bill of parcels or writing aforesaid, to the figure 8; which figures did, before such mentioned alteration and forgery import and signify fifteen pounds and fifteen shillings, but by reason and means of such last mentioned forgery and alteration, did become, import and signify eighty-five pounds and fifteen shillings; and also by falsely forging and altering the figure 3 to the figure 4, and the figure 8 to the figure 5, in the sum total or amount of the said bill of parcels or writing; which figures did before such last mentioned forgery and alteration import and signify three hundred and eighty-one pounds, seventeen shillings and five pence, but by reason and means of such last mentioned forgery and alteration, did become, import and signify four hundred and fifty-one pounds, seventeen shillings and five pence, with intention to defraud the United States of America aforesaid of seventy pounds, of lawful money of Pennsylvania, to the evil example of all others in like case offending, to the great damage of the said United States, and against, &c. (Conclude as in book 1, chap. 3).

Forgery. Altering and defacing a certain registry and record, &c., under the Pennsylvania act of 1700.(j)

That H. R., &c., at, &c., aforesaid, on, &c., being an evil disposed person, and devising, designing and intending evil to the people of this commonwealth, under the pretext of examining the enrolments, registers and records in the office of the surveyor-general of this commonwealth, on, &c., aforesaid, at the county aforesaid, with the intention to defraud and deceive one G. R., falsely, deceitfully and corruptly in and on a certain registry and record, then and there being and remaining as a public record, in the office of the surveyor-general of this commonwealth, to wit, in book F., and on the page of the said book numbered one hundred and ninety-five, containing the list of returns made by him, the said H. R., while acting as deputy-surveyor of the surveyor-general of this commonwealth, did then and there falsely alter and deface the registry and records of said office and of this commonwealth, by a false and corrupt interlineation made in writing and figures, as follows, to wit, in the said book F., and on the page of said book numbered therein one hundred and ninety-five, and

(j) Ream v. Com., 3 S. & R. 207. The judgment of the Quarter Sessions of Dauphin County, passing sentence on this indictment, was affirmed by the Supreme Court,

between the lines of writing on said page, counted from the upper line of said page, including the said upper line, numbers twenty-three and twenty-four: "April, 1794. H. R., in right of S. S., 161 acres and 95 perches." To the great damage of the said G. R., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3).

For forging, &c., a bill of exchange, an acceptance thereof, and an endorsement thereon.(k)

That defendant, &c., feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeiting certain bill of exchange; the tenor of which said false, forged and counterfeited bill of exchange, is as follows, that is to say:

£54. 1s.

"No. Bristol, America, 17th Sept. 1797. "Three months' after sight, pay to Messrs. S. R. and Son, or order, fifty-four pounds, one shilling, value received.

"To Mr. R. G.

"Old Change, London."

A. M."

with intention to defraud A. S., against, &c., and against, &c. (Conclude as in book 1, chap. 3).

Second count for uttering.

Feloniously did utter and publish as true, a certain false, forged and counterfeited bill of exchange, which said last mentioned false, forged and counterfeited bill of exchange, is as follows, that is to say, (set out the bill as before), with intention to defraud the said A. S., he the said A. B., at the said time he so uttered and published the said last mentioned false, forged and counterfeited bill of exchange as aforesaid, then and there, to wit, on, &c., at, &c., well knowing the same to be false, forged and counterfeited, against, &c., and against, &c. (Conclude as in book 1, chap. 3).

Third count, for forging an acceptance.(1)

That the said A. B., having in his possession a certain other bill of exchange, whose tenor follows, that is to say, (set out the bill), * on, &c., with force and arms, at, &c., feloniously did falsely make, forge and counterfeit, and cause and procure to be falsely made, forged and counterfeited, and willingly act and assist in the false making, forging and counterfeting on the said last mentioned bill of exchange, an acceptance of the said last mentioned bill of exchange, to the tenor following, that is to say, "Accepted R. G., Nov. 13th," with intent to defraud the said A. S., against, &c., and against, &c. (Conclude as in book 1, chap. 3).

**

Fourth count for uttering a forged acceptance, as in the last count to the *, and proceed:

On which said last mentioned bill of exchange was written a cer

(k) Stark. C. P. 455.

(4) It is usual, in a count of this kind, first to aver the date, direction and other circum. stances of the bill, and then set it out; but the first averments seem to be superfluous, and the above form is much more concise. It does not appear to be absolutely essential to set out the whole of the bill, since the acceptance only is alleged to have been forged. See Stark. C. P. p. 112-13.

tain false, forged and counterfeited acceptance of the said last men-> tioned bill of exchange, whose tenor follows, that is to say, "Accepted, R. G., Nov. 13th," on, &c., with force and arms, at, &c., feloniously did utter and publish as true, the said last mentioned false, forged and counterfeited acceptance of the said last mentioned bill of exchange, with intent to defraud the said A. S., he the said A. B., at the time of uttering and publishing as true the said last mentioned false, forged and counterfeited acceptance of the said last mentioned bill of exchange, then and there, to wit, on, &c., at, &c., well knowing the said last mentioned false, forged and counterfeited acceptance to be false, forged and counterfeited, against, &c., and against, &c. (Conclude as in book 1, chap. 3).

Fifth count, for forging an endorsement, &c., as in the third count to the, and proceed:

An endorsement(m) of the said last mentioned bill of exchange, whose tenor follows, &c., that is to say, "S. R. and Son," with intent to defraud, &c., (as before).

Sixth count, for publishing a forged endorsement, &c.

(Same with that of the fourth count, substituting the endorsement and its tenor for the acceptance, and its tenor): against, &c., and against, &c. (Conclude as in book 1, chap. 3).

For forgery at common law in ante-dating a mortgage deed with interest, to take place of a prior mortgage.(n)

That whereas, a certain M. N., yeoman, on, &c., at, &c., was seized in his demesne as of fee, of and in, two certain lots or pieces of ground, one of them situate, lying and being in Prince street, in the Borough of Lancaster, in Lancaster County aforesaid, containing, &c.; the other of which said lots, situate, &c., and that the said M. N., the same day and year aforesaid, at Lancaster County aforesaid, for a good and valuable consideration, to him the said M. N., by a certain A. K., before that time paid, did make and execute, seal and deliver, to the said A. K., a certain indenture and deed of mortgage, dated the same day and year aforesaid, wherein and whereby the said M. N. did grant, bargain, sell, alien, release and confirm unto the said A. K., his heirs and assigns, all those two adjacent lots or pieces of ground, before mentioned and described, situate on Prince street aforesaid, in the borough and county aforesaid, together with the houses and outhouses, edifices and buildings thereon erected, and all and singular their appurtenances, to have and hold the same to the said A. K., his heirs and assigns forever, with a proviso in the same indenture contained, that if the same M. N., his heirs, executors or administrators should, and did well and truly pay, or cause to be paid to the said A. K., or his executors, administrators, assigns, the sum of

(m) See Stark. C. P. 116–17; R. v. Biggs, 3 P. Wms. 419.

(n) This indictment, which was drawn in 1763, is signed by “Benj. Chew, attorneygeneral," but a note on a manuscript copy with which, among others, I have been very kindly furnished by Mr. Dillingham, of this city, states that it was "settled by Edward Shippen, deputy attorney-general," and afterwards chief justice.