"The word crime is substituted for felony in describing the intent, as more appropriate to describe the nature of the offence, since felony is in this Chapter specially defined, and the term 'crime' imports what is now understood by felony, as used in the description of this offence." [S 11, 12, 13. Same as enacted.] Original note to § 13. "Founded on the stat. 12 Anne, ch. 7; East 489."

[S 14. Same as enacted.] Original note. "This would now be in the first degree, although the crime is essentially different from breaking an outer door."

IS 15. Same as enacted.] Original note. "The case of servants and others in a house, is supposed materially different from that of breaking from without, as defined to constitute the first degree."

[S 16. Same as enacted.] Original note. "The same description is in arson of the first degree; see § 11, Title 1."

[S 17. Same as enacted.] Original note. "This section provides for a class of offences, for which there is now no law in this state, although there are several British statutes. They obviously require provision."

[S 18. Same as enacted.] Original note. "See § 12."

[S 19. Same as enacted.] Original note. "Having provided for the only case where a breaking out should be deemed criminal, this section becomes necessary to prevent the operation of the technical rule, in other cases."

[$ 20. Same as enacted.] Original note. “Necessary, for the same reason given in the note to the last §."

"ARTICLE III.-Of Forgery."

[S 22. Same as enacted, except that the first subdivision was inserted by the legislature.]

Original note. "2, 1 R. L. 405, extending it to the proof of wills, and omitting the certificate of recording, with a view of inserting it in another degree. The fact whether an instrument is recorded or not, is of little consequence, compared to the question whether it has been duly proved."

[S 23. Same as enacted.]

66

Original note. "§ 3, 1 R. L. 405, extended to all cases where the state may be defrauded by a forgery. The qualification requiring the alteration to be from a less to a larger sum, omitted; as the forgery of the whole instrument, or of its date, or to a less sum, may equally defraud the public or the state."

[S 24. Same as enacted.] Original note. "There is now no provision by statute for these offences."

[$ 25. Same as enacted.] Original note. "The public security seems to require that this species of forgery should be more severely punished than that of mere private instruments."

[S 26. Same as enacted.] Original note. "The note to the last section also applies to this."

[S 27. Same as enacted, except the words "wilfully and," inserted by the legislature.] Original note. "This offence, it is to be hoped, will be of rare occurrence, but still it seems necessary to provide for it. By 1 R. L. 371, § 9, officers guilty of this offence are made liable to pay treble damages."

66

[S 28. Same as enacted.] Original note. "§ 5, 1 R. L. 406, § 3, p. 408, make this offence punishable with imprisonment for life. It is conceived not to be an offence of that heinous dye."

[S 29. Same as enacted.] Original note. “New."

IS 30. Same as enacted.]

66

Original note. "§ 8, 10, 11, 1 R. L. 406, consolidated and enlarged; varied by the insertion of the words in italic. The 4th subdivision is new; it is intended to reach a case which not unfrequently occurs, that of having plates with figures or words to fill up the sums in a bill, after the original sums have been extracted."

[S 31. Same as enacted.] Original note. "The expression in § 10, 1 R. L. 407, any bank or unfinished note,' is extremely vague; an attempt is made in the above, to define it with more precision."

[$ 32. Same as enacted, except the words "with the like knowledge and," inserted in sub. 2 by the legislature.] Original note. Ҥ 7, 1 R. L. 406, somewhat enlarged."

[$ 33. Same as enacted, except the words "the punishment of which is not hereinbefore specified," inserted in sub. 2 by the legislature.]

Original note. "The first section of the act to prevent forgery, 1 R. L. 404, contains an enumeration of a great number of instruments specifically described, as the subjects of forgery. It has given occasion to many questions and decisions upon cases falling within the spirit and meaning of this act, but not within its terms. The same practice of enumerating particular instruments, has prevailed in England, and the consequence has been, that parliament has enacted new statutes to reach new cases as they arose, until at length they amount to the number of 403 separate statutes, the whole or parts of which, relate to this offence, and are collected by Mr. Hammond. In principle, there can be no difference in the injury to society, or to an individual, or in the degree of moral turpitude, between the forgery of one instrument or another, by which the property, rights or interests of any one are affected. To avoid cavil, to reach every case of forgery that has ever been committed, or that ever can be committed, and to afford a definite and distinct rule, the preceding section has been prepared."

[S 34. Same as enacted.] Original note. "This offence rests upon the common law. It is conceived to be one deserving further punishment."

[$ 35. Same as enacted.]

Original note. "The entries specified in this section, are not instruments of another, as they have no signatures; and these offences, therefore, rest upon the common law. It is conceived that the extension proposed is very necessary, as well to guard the public as those institutions which are compelled to entrust so much to their subordinate officers. The offence of embezzlement is quite different; there something must have been actually taken."

[S 36. Same as enacted.]

Original note. The laws against having in possession counterfeit bank notes, 1 R. L. 406, § 9, have been found most effectual in reaching the principals, who generally act by subordinate agents. It is

supposed to be a very different offence from that specified in the next section."

IS 37. Same as enacted.]

Original note. “1 R. L. 406, § 9. This offence of having in possession other forged instruments than bank notes, is at least a questionable offence. It is so liable to abuse, that the Revisers conceive it should be placed in the lowest grade of forgery. The 'receiving' of such instruments is included in the expression have in possession,' and is therefore omitted."

[S 38. Same as enacted.] Original note. "1 R. L. 406, § 6. The remarks to the preceding section are more applicable to this offence, if possible."

IS 39, 40. Same as enacted.]

Original note. "The offence of passing counterfeit bank bills, is perhaps the most frequent of any presented to our criminal courts. It usually includes two very distinct classes of offenders; one, consisting of the actual bold forger or his associate; the other, consisting of the duped and ignorant citizen, who, although suspicious of a bill that he has received, yet gets rid of it, on the first opportunity. The latter, though highly criminal, is not of the same deep depravity with the former. This is proved by the reluctance of juries to convict in the latter class, and thus expose such to the very severe penalties of the law. For the purpose, therefore, of making a discrimination, believed to be entirely just in itself, as well as to promote the administration of justice, an attempt has been made in the preceding section to prescribe the cases where a conviction for an inferior grade of the offence may be allowed. It is conceived that in the flagrant cases which the law means to reach with its heaviest penalties, there can be no danger of excessive lenity from an enlightened jury."

[S 41. Same as enacted.] Original note. “Copied almost literally from a provision in Mr. Livingston's draft, p. 76, and conformable to the decision of the supreme court in 6 Cowen, 72.”

[S 43. Same as enacted.]

Original note. "Declaratory of a rule, upon which some doubt now rests, whether the offence comes within any statutory provisions. Chemistry has developed many agents by which writing may be extracted; and a forgery may often be committed by obliterating an account, indorsement or other matter, on the back of an instrument and relating to it, without impairing such instrument."

[S 44. Same as enacted.]

Original note. "Intended to reach an offence, unfortunately not of rare occurrence; that of cutting off parts of genuine bills, and pasting them together so as to make another of the same, or of a higher denomination. It is said that one bill can be made out of five. This has been held not to be forgery within the present statute; see 10 Mass. Rep. 34."

[S 45, 46. Same as enacted.] Original note to § 45. "To remove doubts in such cases." To $46. "Declaratory in part, and new in part."

IS 47. Same as enacted.]

Original note. Many instances have occurred of the use of fictitious

signatures to bank bills, particularly those of distant institutions, which, although they may not deceive professional money dealers, are equally deceptive and injurious to a large portion of the community, as imitations of real signatures.'

"ARTICLE IV.-Of false personating another, and cheats."

[S 48. Same as enacted.]

Original note. "§ 1, 1 R. L. 111, extended. This offence is classed in the index to that volume, as coming within those felonies which are above the degree of petit larceny, and therefore punishable by imprisonment in the state prison not exceeding fourteen years. But this offence was not felony at the common law, 2 East, P. C. 1010, and was made so by the statute referred to, which does not prescribe its degree. It would probably therefore come within the first clause of § 13, 1 R. L. 410; and be subject to fine and imprisonment in the county jail, or in a state prison not exceeding three years. But it is conceived that a higher punishment should be prescribed for that species described in this section. The false personating in marrying, is at present simply a misdemeanor."

[S 49. Same as $50 R. S.] Original note. "It is sometimes difficult to convict for larceny in such cases, in consequence of technical distinctions which are rather indefinite; see 2 East, ch. 16, § 102, 104," &c.

[S 50, 51. Same as § 51, 52 R. S.] Original note. "New.”

[S 52. Same as § 53 R. S. except the words "obtain the signature of any person to any written instrument or," inserted by the legislature.] Original note. "§ 13, 1 R. L. 410, provides for false pretences only, The above section includes also the common law offence of cheating by false tokens, which is now a misdemeanor only, but seems deserving the same punishment as the statute offence, which is, in truth, rather inferior in degree to that recognized by the common law." [$ 53. Same as 54 § R. S.]

Original note. "This species of cheat is conceived to be more dangerous than any other, and deserving a higher punishment. In the multitude of banks, when bills are offered as being issued by a distant institution, the mass of the people cannot determine with any certainty, whether there is or is not such bank."

"ARTICLE V.-Of robbery, embezzlement, and larceny."

IS 54. Corresponding to § 55 R. S. somewhat varied.]

Original note. "1 R. L. 408, § 3, defined according to East, ch. 16, § 125 and 129, and for the purpose of distinguishing it from another species of robbery, specified in the next section; the material ingredient in this offence being, that it is done against the will, by violence or by fear of immediate injury. This rule will be found to solve many doubts and reconcile many cases, while it furnishes a just evidence of the enormity of the offence. The words 'robbing any dwelling house,' omitted, as the offence will either come within one of the descriptions of burglary already defined, or will be an aggravated theft subsequently provided for in this Article."

[$ 55. Same as § 56 R. S. except the words "feloniously," inserted

before "taking," by the legislature; and "or reputation," before " to the person," stricken from the reported section.]

or

Original note. "This offence is partly included in § 3, 1 R. L. 408; but is supposed to be an inferior grade to that specified in the last section, as the delivery is not produced by dread of immediate injury. See East, ch. 16, § 129, 130. This section extends the offence to threats of injury to the person of a relation, &c.; a case not within the terms of the present law, but obviously within its spirit and meaning."

[S 56. Same as 57 R. S. except "ten," twice substituted for "fourteen."]

Original note. "The punishment, which by the existing law is imprisonment for life, varied according to the degrees of the offence; and in the first case a discretion allowed."

[$ 57. Same as § 58 R. S. except that the words "five years," having been substituted for "seven."] Original note. "The offence is distinguishable from the two preceding, in this, that the property is not taken from the person or in the presence of the party robbed. It is founded chiefly on the English statute, 30 Geo. II, ch. 24, § 1. See East, ch. 23, § 1, p. 1108."

[S 59. Same as enacted.]

Original note. "1 R. L. 112, and do. 412, which are alike, consolidated with § 1, of act of 1819, p. 314. The only doubt that ever existed, was whether a larceny could be committed by any one of property in his own possession. See East, ch. 16, § 14, who considers the statute merely declaratory. And notwithstanding the exception of apprentices and servants under eighteen, they are liable at common law for larceny, 1 Hale, 668. The taking of goods from the possession of another, always was larceny. See East, ch. 16, § 17. The section has accordingly been adapted to meet the case, and is similar to 39 Geo. III, ch. 85, which was drawn by Mr. East. It is varied also in making the embezzlement precisely the same offence as larceny; so that the punishment will not be absolutely imprisonment in the state prison for taking articles below the value of $25. This is the construction given to the present statute, 1 R. L. 412, by the Revisers of 1813, in their index to this head; but the act itself describes the value to be over $2.50."

[S 60. Same as enacted.] Original note. "Our own acts and the English act referred in the note to the last section, have left one case unprovided for; that of bank bills which have never been issued, but are in the hands of the officers of the bank, and may therefore be deemed inchoate and not valid rights in action within any of the terms employed. This section has been drawn to supply that deficiency."

[561. Same as enacted.] Original note. "§ 2, act of 1819, p. 314. The 3d section of that act, which directs that upon an execution in a civil suit against the receiver, he shall not be entitled to jail liberties, is omitted, as incongruous and improper." If they are to be punished for a criminal act, it should follow a regular criminal prosecution and conviction."

[S 62. Same as enacted.]