Page:1864-65 Territory of Dakota Session Laws.pdf/167

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
PENAL CODE.
155

any false account in such business, with intent to defraud his employers, or to conceal any embezzlement of their money or property, or any defalcation, or other misconduct, committed by any person in the management of their business, is guilty of forgery in the fourth degree.

Sec. 575. Every person who has in his possession any counterfeit of any gold or silver coin, whether of the United States or of any foreign country or government, knowing the same to be counterfeited, with intent to sell, utter, use, circulate or export the same as true or as false, or by causing the same to be so uttered or passed, is guilty of forgery in the the fourth degree.

Sec. 576. Forgery is punishable by imprisonment in the territorial prison as follows:

1. Forgery in the first degree, by imprisonment not less than ten years;

2. Forgery in the second degree, not exceeding ten years, and not less than five;

3. Forgery in the third degree, not exceeding five years;

4. Forgery in the fourth degree, by imprisonment in the territorial prison not exceeding two years, or by imprisonment in a county jail not exceeding one year.

Sec. 577. Every person who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument, or any counterfeit gold or silver coin the forging, altering or counterfeiting of which is hereinbefore declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, is guilty of forgery in the same degree as if he had forged, altered or counterfeited the instrument or coin so uttered, except as in the next section specified.

Sec. 578. If it appears on the trial of the indictment, that, the accused received such forged or counterfeited instrument or coin from another, in good faith, and for a good and valuable consideration, without any circumstances to justify a suspicion of its being forged or counterfeited, the jury may find the defendant guilty of forgery in the fourth degree.

Sec. 579. Every person who, with intent to defraud, makes