P. L. 70. 8 June 1881 § 5. from voting for any particular person, shall be guilty of a misdemeanor, and on conviction, shall be sentenced to pay a fine of not more than one hundred dollars, and be imprisoned not exceeding three months. Ibid. § 6. 61. Any person, elected, chosen or acting as a member of the county or executive committee of any party, or as a judge of a return-board to count up and cast tive committee of the votes polled at a primary election, held to make nominations for office, or any Bribery of execu return-board. Ibid. Offer of bribes. 31 March 1860 § 135. P. L. 415. person appointed a clerk of such return-board, who shall directly or indirectly accept, receive or solicit money, office, appointment, employment, testimonial, reward or other thing of value, or the promise of all or either of them, to influence his vote or action in the discharge, performance or non-performance of any act, duty or obligation pertaining to such office, shall be guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine of not more than one hundred dollars, and be imprisoned for a time not exceeding three months. 62. Any person or persons who shall, directly or indirectly, by offer or promise of money, office, appointment, employment, testimonial, reward or other thing of value, or who shall, by threats or intimidation, endeavor to influence a member of a county or executive committee of any party, a judge or clerk of any returnboard, in the discharge, performance or non-performance of any act, duty or obligation pertaining to such office, shall be guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine of two hundred dollars, and to undergo an imprisonment not exceeding six months.(w) XIV. Burglary. 63. If any person shall, by night, wilfully and maliciously, break or enter(x) into the state capitol, or other public building belonging to the commonwealth, or Burglary defined. to any city or county thereof, or to any body corporate, society or association, or into any church, meeting-house or dwelling-house, (y) or out-house, parcel of said dwelling-house, with an intent to kill, rob, steal, or commit a rape, or any felony whatever, (2) whether the felonious intent be executed or not, the person so offending, shall, on conviction, be adjudged guilty of felonious burglary, and 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. (a) 22 April 1863 64. If any person shall, in the day-time, break and enter any dwelling-house, shop, warehouse, store, mill, barn, stable, out-house or other building, (b) or wilfully Entering a dwell and maliciously, either by day or by night, with or without breaking, enter the same, with intent to commit any felony whatever therein, the person so offending shall be guilty of felony, and on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding four years.(c) ing-house in the day-time, with intent to commit felony. 1 19 May 1879 § 1. P. L. 64. XV. Cemeteries. 65. Any person or persons who shall, wilfully and maliciously, destroy, mutilate, injure, pluck off, deface or remove therefrom, any tree or trees, vines, flowers, grass, Destroying flowers or ornamental shrubbery, growing, being or temporarily placed therein, for ornamental or useful purposes, in any cemetery or grave-yard in this commonwealth, used for the interment of human beings, or shall wilfully trespass in and upon in cemeteries. tions." (w) See also act 29 June 1881, P. L. 128, tit. "Elec(x) Obtaining an entry into a dwelling-house, by fraud or artifice, with intent to commit a felony, is a constructive breaking. Rolland v. Commonwealth, 82 P. S. 306; s. c. 85 Ibid. 66; and see Johnston v. Commonwealth, Ibid. 54. But a breaking out is not burglary. Rolland v. Commonwealth, 82 Ibid. 306. () It is burglary, although the family be temporarily absent. Commonwealth v. Brown, 3 R. 207. The words "mausion-house" sufficiently describe a dwelling-house. Commonwealth v. Pennock, 3S. & R. 199. To break a gate of the yard of a dwelling-house, in the night-time, with intent to commit a burglary, is indictable as an attempt to commit a burglary. Commonwealth v. Smith, 6 Phila. 305. (z) The intent to commit a felony need not be laid in the indictment. Commonwealth v. Brown, 3 R. 207-11. (a) This section is a consolidation and amendment of the various acts of assembly providing against and punishing burglary. The proviso to this section is introduced to avoid a technical difficulty in the proof of the crime which sometimes occurs. The acts of assembly alluded to are the 12th section of the act of 31 May 1718, 1 Sm. 115; 2d section of the act 21 March 1772, 1 Sm 382; the 2d section of the act 5 April 1790, 2 Sm. 531; and the 4th section of the act 23 April 1829, 10 Sm. 436. The restitution contemplated by those acts for property feloniously taken, has been provided for in the bill regulating criminal procedure, by a general section, embracing all cases in which such restitution is to be made. Report on the Penal Code 32. (b) It is not an offence, under this act, to enter a yard, with intent to steal. Commonwealth v. Taggert, 3 Brewst. 340. This act applies to cases partaking of the nature of burglary, where the breaking is in the day-time; but breaking and entering a storehouse, not parcel of a dwelling-house, is not burglary, either at common law or by statute. Hollister v. Commonwealth, 60 P. S. 103. The wilful and malicious entry of a stable either by day or night with intent to commit a felony, is itself a felony, and where the felon, on being discovered, throws down the property and endeavors to escape, the responsibility of one who kills him is to be determined by the rule governing the killing of an escaping felon. Commonwealth v. Pipes, 33 W. N. C. 237. (c) This act is a re-enactment, with a slight verbal alteration, of the 136th section of the act 31 March 1860. P. L. 415. A defendant may be separately indicted for larceny, and for entering a dwelling-house with intent to steal. Commonwealth v. Peiffer, 9 Phila. 593. private enclosures in any cemetery or grave-yard aforesaid, shall be guilty of a misdemeanor, and on conviction of any said offences, be sentenced to undergo an imprisonment, not exceeding one year, or to pay a fine of not exceeding one hundred dollars ($100), or both, or either, at the discretion of the court. XVI. Cesspools. 19 May 1879 § 1. Trespassing on private enclosures. 8 April 1867 § 1. P. L. 938. 66. It shall not be lawful for any person or persons, occupying any house or houses, in the city of Philadelphia, at rent or otherwise, and not being the owner, to deposit any ashes, rubbish, bricks, stones or cinders, in any privy-well attached Casting rubbish to such premises; any person or persons convicted in the court of quarter sessions into privy-wells by of the county of Philadelphia, for any violation of the provisions of this act, shall tenants in Philabe punished by a fine not exceeding five hundred dollars, or imprisonment for a period not exceeding two years, in the discretion of the court. XVII. Cigarettes. delphia punished. 67. If any person or persons shall sell cigarettes to any person or persons under the age of sixteen years, he or she so offending shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not more than to persons under three hundred dollars. XVIII. Compounding crimes. 7 May 1889. P. L. 105. Selling cigarettes sixteen years of age. P. L. 887. 68. If any person having a knowledge of the actual commission of any mis- 31 March 1860 § 16. prision of treason, murder, manslaughter, rape, sodomy, buggery, arson, forgery, counterfeiting or passing counterfeit money or notes, burglary, housebreaking, Compounding robbery, larceny, receiving stolen goods or other property by persons knowing crimes punished. them to be stolen, kidnapping, bribery, perjury or subornation of perjury, shall take money, goods, chattels, lands or other reward, or promise thereof, to compound or conceal, or upon agreement to compound or conceal, the crimes aforesaid, every person so offending shall be guilty of a misdemeanor, and on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment not exceeding three years.(d) XIX. Concealed weapons. weapons. 69. Any person within this commonwealth who shall carry any fire-arms, slung- 18 March 1875 § 1. shot, handy-billy, dirk-knife, razor or any other deadly weapon, concealed upon P. L. 33. his person, with the intent therewith unlawfully and maliciously to do injury to Punishment for any other person, shall be deemed guilty of a misdemeanor; and upon the convic- carrying concealed tion thereof, shall be sentenced to pay a fine, not exceeding five hundred dollars, and undergo an imprisonment, by separate or solitary confinement, not exceeding one year, or either or both, at the discretion of the court; and the jury trying the case may infer such intent as aforesaid, from the fact of the said defendant carrying such weapons in the manner as aforesaid.(e) XX. Conspiracy. P. L. 412. 70. If any two or more persons shall conspire or agree, falsely or maliciously, to 31 March 1860 § 127. charge or indict any other person, or cause or procure him to be charged or indicted, in any court of criminal jurisdiction, (g) the person so offending shall be guilty of (d) This section, which embraces the misprision of felony, and the theft-bote of the common law by which these crimes were punished by fine and imprisonment, is essentially new to our statute law. The only existing statutory punishment applicable to this class of crimes, is that found in the 32d section of the act of the 31st of May 1718 (1 Sm. 123), which makes any person who shall agree or compound, or take satisfaction for any stealing or goods stolen, subject to forfeit twice the value of the sums agreed for or taken. The concealment of any of the infamous crimes embraced in this section, for the consideration of money, or property given or paid, as the price of such concealment, is a crime made so base from the motives which have induced it, as to render it the proper subject of penal infliction. Simple concealment, from mistaken notions of pity and compassion, or generous forgiveness, are not embraced in the enactment. Report on the Penal Code 13. (e) This act is constitutional. Wright v. Commonwealth, 77 P. S. 470. By act May 1850, § 22, establishing a police force for the city and incorporated districts of the county of Philadelphia, in case of a riot, any person arrested upon whose person or in whose possession shall be found fire-arms or any other deadly weapon, shall be deemed guilty of an intention to riot, whether said fire-arms or deadly weapon shall be used or not, unless the contrary can be satisfactorily established, and punished accordingly." P. L. 670. It has been ruled by the court of quarter sessions of Philadelphia, that this act is unconstitutional, so far as it applies to the carrying of arms for self-defence; and that it is competent for the accused to rebut the unlawful intent raised by the statutory provision. Commonwealth v. McNulty, 28 L. I. 389; s. c. 8 Phila. 610. But it is hard to understand, how it is, that a party who is in the exercise of an admitted constitutional right, can be called upon to prove, affirmatively, that he had no unlawful intent in so doing. The true idea appears to have been that laid down by the supreme court of Georgia, to wit, that although such acts may be valid; yet, if they cut off the exercise of the right of the citizen to bear arms, altogether, or, under color of prescribing the mode, render the right itself useless, they are unconstitutional and void. Nunn v. State, 1 Kelly 243. And it is to be remembered, that if the theory of Judge Woods be a sound one, the right to bear arms is among those secured to the citizens of the United States, by the 14th amendment to the constitution. United States v. Hall, 13 Int. R. Rec. 181. (g) See Commonwealth v. McClean, 2 Pars. 367. P. L. 412. 31 March 1860 § 127. a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment, either at labor by separate or solitary confinement, or to simple imprisonment, not exceeding three years, at the discretion of the court.(h) Conspiracy to indict. Ibid. § 128. Conspiracy to defraud. 14 June 1872 § 1. P. L. 1175. spiracy. 71. If any two or more persons shall falsely and maliciously conspire and agree (i) to cheat and defraud any person or body corporate, of his or their moneys, goods, chattels or other property, or to do any other dishonest, malicious and unlawful act, to the prejudice of another, (k) they shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, or by simple imprisonment, not exceeding two years.(1) 72. It shall be lawful for any laborer or laborers, workingman or workingmen, journeyman or journeymen, acting either as individuals or as the member of any Trades unions not club, society or association, to refuse to work or labor for any person or persons, to amount to con- whenever, in his, her or their opinion, the wages paid are insufficient, or the treatment of such laborer or laborers, workingman or workingmen, journeyman or journeymen, by his, her or their employer is brutal or offensive, or the continued labor by such laborer or laborers, workingman or workingmen, journeyman or *journeymen, would be contrary to the rules, regulations or by-laws of any club, society or organization to which he, she or they might belong, without subjecting any person or persons, so refusing to work or labor, to prosecution or indictment for conspiracy under the criminal laws of this commonwealth: Provided, That this act shall not be held to apply to the member or members of any club, society or organization, the constitution, by-laws, rules and regulations of which are not in strict conformity to the constitution of the state of Pennsylvania, and to the constitution of the United States: Provided, That nothing herein contained shall prevent the prosecution and punishment, under existing laws, of any person or persons who shall, in any way, hinder persons who desire to labor for their employers from so doing, or other persons from being employed as laborers.(m) 16 June 1891 § 1. P. L. 300. When employés may refuse to work. 73. It shall be lawful for employés, acting either as individuals or collectively, or as the members of any club, assembly, association or organization, to refuse to work or labor for any person, persons, corporation or corporations, whenever in his, her or their opinion the wages paid are insufficient, or his, her or their treatment is offensive or unjust, or whenever the continued labor or work by him, her or them would be contrary to the constitution, rules, regulations, by-laws, resolution or resolutions of any club, assembly, association, organization or meeting of which he, she or they may be a member or may have attended, and as such individuals or members or as having attended any meeting, it shall be lawful for him, her or them to devise and adopt ways and means to make such rules, regulations, by-laws, resolution or resolutions effective, without subjecting them to indictment for conspiracy at common law or under the criminal laws of this commonwealth: Provided, first, That this act shall not be held to apply to the formity to consti- member or members of any club, assembly, association, organization or meeting, the constitution, rules, regulations, by-laws, resolution or resolutions of which are not in conformity with the constitution of the United States and to the constitution of this commonwealth: Provided, second, That nothing herein contained shall prevent the prosecution and punishment, under any law, other than that of conspiracy, of any person or persons who shall, by the use of force, threats or menace of harm to person or property, hinder or attempt to hinder any person or persons who may desire to labor or work for any employer from so doing for such wages and upon such terms and conditions as he, she or they may deem proper: And provided, third, That nothing herein contained shall prevent the prosecution and punishment of any persons conspiring to commit a felony. Rules in con tution of U. S. or this state. Hindering others from working. Conspiring to commit a felony. (h) The 127th and 128th sections are new to our statute law. They simply provide for the punishment of the common-law crime of conspiracy, which is now punished with penal imprisonment under the general provisions of the 4th section of the act of 5 April 1790, and under the act of 4 April 1807; which acts extend infamous punishment to persons convicted of offences that formerly were punished by burning in the hand, cutting off the ears, pillory, whipping, &c. Report on the Penal Code 31. See Commonwealth v. McGowan, 2 Pars. 341. Commonwealth v. McClean, Ibid. 367. (i) The conspiracy of itself is a distinct crime, though nothing be ever done in pursuance of it. Commonwealth v. McGowan, 2 Pars. 341. Commonwealth v. Curren, 3 Pitts. 143. But to justify a conviction, there must be proof of an unlawful combination between the defendant, and at least one other person. Commonwealth v. Irwin, 8 Phila. 380. (k) All confederacies wrongfully to prejudice another, are misdemeanors at common law, whether the intention be to injure the property, person or character of the prosecutor. Commonwealth v. Curren, 3 Pitts. 143. Commonwealth v. Goldsmith, 12 Phila. P. S. 56. (1) Parties may be indicted for a common-law conspiracy, notwithstanding this act. Wilson v. Commonwealth, 96 P. S. 56. (m) See Commonwealth v. Sheriff, 38 L. I. 412. XXI. Counterfeiting. (1.) Counterfeiting coin. 74. Any person who shall, falsely and fraudulently, make or counterfeit any coin, 31 March 1860 §156. resembling, or apparently intended to resemble (n) any gold or silver coin, which P. L. 420. is or shall be passing, or in circulation as money, within this commonwealth, shall Counterfeiting be guilty of felony,(o) and being thereof convicted, shall be sentenced to pay a coin punished. fine, not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years; and every such offence shall be deemed complete, although the coin so made or counterfeited shall not be in a fit state to be uttered, or the counterfeiting thereof shall not be finished or perfected.(p) Ibid. § 157. Coloring counter 75. If any person shall gild or silver, or shall, with any wash or materials capable of producing the color of gold or silver, wash, color or case over any coin whatsoever, resembling or apparently intended to resemble, or pass for any gold feit coin, with inor silver coin, which is or shall be current in this commonwealth; or if any per- tent to pass the son shall gild or silver, or shall, with any wash or materials capable of producing same. the color of gold or silver, wash, color or case over any piece of silver or copper, or of coarse gold or coarse silver, or of any metal or mixture of metals, respectively, being of a fit size and figure to be coined, and with the intent that the same shall be coined into false and counterfeit coin, resembling, or apparently intended to resemble, or pass for any coin which is or shall be current in this commonwealth; or if any person shall gild, or shall, with any wash or materials capable of producing the color of gold, wash, color or case over any silver coin, which is or shall be current as aforesaid, or file, or in any manner alter such coin, with intent to make the same resemble or pass for any current gold or silver coin; or if any person shall gild or silver, or shall, with any wash or materials capable of producing the color of gold or silver, wash, color or case over any copper coin, current in this commonwealth, or file, or in any manner alter such coin, with intent to make the same resemble or pass for any gold or silver coin, current in this commonwealth; every such offender shall be guilty of felony, and being thereof convicted, shall 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 five years. Ibid. § 158. 76. If any person shall impair, diminish or lighten any gold or silver coin, which is or shall be current in this commonwealth, with intent to make the coin so impaired, diminished or lightened, pass for gold or silver coin current as afore- Impairing the coin. said, every such offender shall be guilty of felony, and being thereof convicted, shall be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding three years. 77. If any person shall buy, sell, receive, pay or put off, or offer so to do, any Ibid. § 159. false or counterfeit coin, resembling, or apparently intended to resemble, or pass Buying or selling for any gold or silver coin which is or shall be current in this commonwealth, at counterfeit coin. or for a lower rate or value than the same, by its denomination, imports, or was coined or counterfeited for; or if any person shall import into this commonwealth from any of the states of the Union, or from any foreign country, any false or counterfeit gold or silver coin, resembling, or apparently intended to resemble, or pass for any gold or silver coin which is or shall be current in this commonwealth, knowing the same to be false or counterfeit; every such offender shall be guilty of felony, and being convicted thereof, shall 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 five years. (n) See United States v. Bricker, 3 Phila. 426. United States v. Morrow, 4 W. C. C. 733. United States v. Aylward, 24 How. Pr. 142. United States v. Hargrave, 5 Chicago Leg. N. 208. United States v. Bogart, 24 Int. Rev. Rec. 46. United States v. Hopkins, 26 Fed. Rep. 443. (6) See United States v. Nichols, 4 McLean 23. United States v. Brown, Ibid. 142. United States v. King, 5 Ibid. 208. For form of indictment, see Whart. Prec. § 336-43. (p) Sections 156 to 163 are new, and provide a system for the punishment of coining. The only laws in force on this subject are the 5th section of the act of 22 April 1794, 3 Sm. 187, and the 4th section of the act of 23 April 1829, 10 Sm. 437. This offence is not usually prosecuted in the courts of the commonwealth, inasmuch as the laws of the United States are much more complete and perfect. The jurisdiction of the courts of the United States over this offence is not, however, exclusive, inasmuch as the 4th section of the act of congress of 21 April 1806, re-enacted by the 26th section of the act of the 3d of March 1825 (4 U. S. Stat. 122), declares that nothing in these acts shall be construed to deprive the courts of the individual states of jurisdiction under the laws of the several states over offences made punishable by these acts. In the cities of Philadelphia and Pittsburgh, where there are permanent courts of the United States, there is no difficulty in prosecuting the counterfeiting of the currency committed therein; but where this offence is committed at places distant from these centres of population, it is important that the local tribunals should possess adequate facilities to punish it, without putting the injured citizen to the inconvenience of attending the sessions of a remote tribunal; it was, obviously, this consideration which induced congress not to interfere with state jurisdiction. The case of Fox v. Ohio, 5 How. 410, decides that state jurisdiction may be properly exercised over such crimes. Our existing laws are insufficient to meet all the cases of these crimes, and these sections are intended to remedy this defect. Report on the Penal Code 38. 31 March 1860 § 160. P. L. 420. feit gold or silver coin. Ibid. § 161. 78. If any person shall tender, utter, pass or put off any false or counterfeit coin, resembling, or apparently intended to resemble, or pass for any gold or silver Uttering counter coin which is or shall be current in this commonwealth, knowing the same to be false or counterfeit, such person 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 five years. 79. If any person shall make or mend, or proceed to make or mend, buy or Making or having sell, hide or conceal, or knowingly have in his house, custody or possession, any possession of coin- puncheon, matrix, die, stamp, mould, edger or cutting-engine, used or designed ing tools. for coining or counterfeiting gold, silver or copper moneys, or any part of such tool or engine, with the knowledge that such tool and instrument is intended to be used in the false and fraudulent making, forging and counterfeiting of any gold, silver or copper coin which now is, or shall be current and passing in this state as money, or with the intent to use such tool or instrument for the fraudulent purpose aforesaid, or shall aid, abet, counsel or command the perpetration of either of the said offences, such person 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 more than six years. Ibid. § 162. Offences relating to Ibid. § 163. What shall be 80. If any person shall falsely make or counterfeit any coin, resembling, or apparently intended to resemble or pass for any copper, nickel or bronze coin, which is or may be current in this commonwealth; or if any person shall knowingly make or mend, or procure to be made or mended, or buy or sell, or knowingly have in his custody or possession, any instrument, tool or engine adapted to, or intended for the counterfeiting of any such coin, current as aforesaid; or if any person shall buy, sell, receive, pay or put off, or offer to buy, sell, receive, pay or put off, any false or counterfeit coin, resembling, or apparently intended to resemble, or pass for any such coin, current as aforesaid, at or for a lower rate of value than the same, by its denomination, imports, or was coined or counterfeited for; every such offender shall be guilty of felony, and being thereof convicted, shall 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 three years. 81. Where, upon the trial of any person charged with any offence enumerated in the seven preceding sections, it shall be necessary to prove any coin, produced proof of coin being in evidence against such person, to be false or counterfeit, it shall not be necessary to prove the same to be false and counterfeit, by the evidence of any officer of the United States mint, but it shall be sufficient to prove the same false or counterfeit by the evidence of any other credible witness. counterfeit. 31 March 1860 § 164. P. L. 422. Counterfeiting bank-notes or checks punished. Altering. Uttering. (2.) Counterfeiting bank-notes. 82. If any person shall falsely and fraudulently make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in the false making, forging or counterfeiting any bill or note, or imitation of, or purporting to be a bill or note issued by order of the president, directors and company of any bank incorporated by the laws of this commonwealth, or by the laws of any of the states or territories of the Union, or of the District of Columbia, or any order, check or draft on either of the said banks, or any cashier of the same; or if any person shall falsely alter, or cause to be falsely altered, or aid and abet in the falsely altering any bill or note issued by any of the said banks, or any check, order or draft on the same, or the cashier of any thereof; or shall pass, utter, publish, or attempt to pass, utter or publish as true, any false, forged or counterfeit bill or note issued by any of the said banks, or by order of the president and directors of any thereof, or any false, forged or counterfeited order, check or draft, upon any of the said banks, or any cashier thereof, knowing the same to be falsely forged or counterfeited; or shall pass, utter or publish, or attempt to pass, utter or publish as true, any falsely and fraudulently altered bill or note, issued by any of the said banks, or by order of the president and directors thereof, or any falsely altered order, check or draft on any of the said banks, or on any cashier thereof, knowing the same to be falsely altered, with intent to defraud any of the said banks, or any other body politic or person; or shall sell, utter or deliver, or cause to be sold, uttered or delivered, any forged or counterfeit note or bill, in imitation, or purporting to be a bill or note issued by any of the said banks, or by order of the president and directors thereof, knowing the same to be false, forged and counterfeited; 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. (9) (7) The 164th and 165th sections are intended to supply all our existing legislation against the forging, counterfeiting, uttering and publishing bank paper, and the amendment of the same wherever it seems inadequate. These laws are found in the 11th and 12th sections of the act of 25 March 1824, 8 Sm. 237; the 5th section of the act of 22 April 1794, 3 Sm. 186; and the 4th section of the act of 23 April 1829, 10 Sm. 437. |