Page:1862 Territory of Dakota Session Laws.pdf/191

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174
CRIMINAL PROCEDURE.
[CHAP. IX.

where, or with like intention, shall attempt to pass, utter, or publish, or shall have in his or her possession, with like intent to pass, utter, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of said bank, corporation, copartnership, or individual, when in fact there shall be no such bank, corporation, copartnership, or individual in existence, the said person, knowing the said bill, note, check, or instrument of writing for the payment of money or property to be fictitious, shall be deemed guilty of the crime of forgery, and on conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one nor more than fourteen years.

Persons having possession of dies, plates, and apparatus for counterfeiting. Penalty for.Sect. 75. Every person who shall make, or knowingly have in his possession, any die or dies, plate or plates, or any apparatus, paper, metal, machine, or thing whatever, made use of in counterfeiting the coin now current, or hereafter to be current in this territory, or in counterfeiting bank-notes or bills, whether such bank be situate in this territory or not, upon conviction thereof, shall be punished by confinement in the penitentiary, for a term not less than one year nor more than fourteen years; and all punch dies, plates, apparatus, paper, metal, or machines, intended for the purposes aforesaid, shall be destroyed.

On trial of said persons, not necessary to prove incorporation by charter.Sect. 76. On the trial of any person for forging any bill or note, purporting to be the bill or note of some incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it shall not be necessary to prove the incorporation of any such bank or company by the charter or act of incorporation, but the same may be proved by general reputation.

Persons of skill competent to prove counterfeits.Sect. 77. Persons of skill shall be competent witnesses to prove that such bill or note is forged or counterfeited.

Persons fraudulently defacing or counterfeiting seals and signatures. Penalty for.Sect. 78. Every person who shall fraudulently forge, deface, corrupt, or counterfeit the seal of this territory, or the seal of any court or public officer, or by law entitled to have and use a seal, and shall make use of the same, or shall forge or counterfeit the signature of any public officers, or shall unlawfully and corruptly, or with evil intent, affix any of the said true seals to any commission, deed, warrant, pardon, certificate, or other writing, or who shall have in his possession or custody