sembling or apparently intended to resemble, any gold or silver coin, which is or shall be passing, or in circulation as money, within this Commonwealth, shall be guilty of felony, and being thereof convicted, 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; 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. ED. NOTE.-See VII.

II. COLORING COUNTERFEIT COIN WITH INTENT TO PASS THE SAME.

Act 31 March, 1860, Sec. 157, P. L., 420.-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 or silver coin, which is or shall be current in this Commonwealth, 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 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.

ED. NOTE.-See VII.

III. IMPAIRING THE COIN.

Act 31 March, 1860, Sec. 158, P. L., 420.-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 aforesaid, 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.

ED. NOTE.-See VII.

IV. BUYING AND SELLING COUNTERFEIT COIN.

Act 31 March, 1860, Sec. 159, P. L., 420.—If any person shall buy, sell, receive, pay or put off, or offer so to do, any false or counterfeit coin, resembling, or apparently intended to resemble, or pass for any gold or silver coin, which is or shall be current in this Commonwealth, at 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.

ED. NOTE.-See VII.

V. UTTERING COUNTERFEIT GOLD OR SILVER COIN. Act 31 March, 1860, Sec. 160, P. L., 421.—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 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.

ED. NOTE.-See VII.

Girts v. Commonwealth, 1853, 10 Harris, 352, 353.-Error Quarter Sessions, Elk County.

KNOX, J.-The plaintiff in error was indicted, tried, convicted and sentenced . . . . for passing counterfeit money. The record is brought into this court for review, and six errors assigned to the proceedings below.

The first relates to the reception of evidence, and is not examinable here.

Second. It is alleged that Judge Dickinson, one of the associate judges of Elk County, was the prosecutor, and occupied his seat upon the bench during the trial.

....

It does not appear by the record that the prosecutor was one of the judges before whom the case was tried, . . . . and it does not sustain the assignment. The jury found the defendant guilty of the four last counts of the indictment, without any finding as to the first four counts.

The finding is in substance, though not in form, upon all the counts, and is in effect a verdict of not guilty as to those not mentioned.

The only amendment made by the court in the verdict, after it was originally entered, was to substitute the word "upon" for "of." This was mere matter of form, and entirely unnecessary, as the sentence might well have been pronounced upon the verdict as first entered. Guilty "of the four last counts in the indictment" means guilty of the offence therein charged. Judgment affirmed.

VI. MAKING OR HAVING POSSESSION OF COINING TOOLS.

Act 31 March, 1860, Sec. 161, P. L., 421.-If any person shall make or mend, or proceed to make or mend, buy or sell, hide or conceal, or knowingly have in his house, custody or possession, any puncheon, matrix, dye, stamp, mould, edger or cutting engine, used or designed 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 preparation 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. ED. NOTE.-See VII.

VII. OFFENCES RELATING TO THE COPPER COIN.

Act 31 March, 1860, Sec. 162, P. L., 421.—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 or value than the same, by its denomination, imports, or was coined or counterfeited for, every such offender shall be guilty of a 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.

Act 31 March, 1860, Sec. 163, P. L., 421.-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 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.

VIII. COUNTERFEITING BANK NOTES AND CHECKS, AND ALTERING AND PASSING THE SAME.

Act 31 March, 1860, Sec. 164, P. L., 422.-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.

1. Commonwealth v. Searle, 1810, 2 Binney, 337.—“The publishing a forged note of hand, or any other writing of a private nature, though not under seal, as a genuine note or writing, with intent to defraud, is indictable at common law.

2. "The publishing a counterfeit note of the Bank of North America, with intent to defraud, is indictable at common law, and is punishable by imprisonment at hard labor under the Acts of 5 April, 1790, and 4 April, 1807.

3. "Where a statute creates, or expressly prohibits an offence, and inflicts a