All persons taking part in the making are principals." Under statutes which forbid the making of counterfeit coin, intent is immaterial.15

§ 821. Uttering counterfeit coin. The uttering of counterfeit coin, that is, offering counterfeit coin with intent to defraud, is also a crime.18 Staking such coin in gambling is an attempt to utter or pass it, and losing it in gambling is held indictable.17 Also, it has been held an uttering to pay it to a woman for sexual intercourse, 18 to take a true coin offered in payment for a sale, substitute a false one, and claim that the coin offered in payment was bad, this being known as ringing the changes,19 to give it to a confederate to pass,20 to offer it in payment though it be refused,21 or even to give it to charity,22 though it was formerly held that the latter was not uttering.2

Selling counterfeit coin is an offense distinct and different from uttering it.24 Under some statutes, it is an offense to have counterfeit coin in one's possession, with intent to pass it as true,25 or intent to put it in circulation,26 the two offenses being different, and the latter including the selling of it. Where the indictment is for selling counterfeit coin, it is immaterial that the purchaser believed he was buying. counterfeit money.27 Where the coin is found in one's pos

21 Reg. v. Welch, 2 Den. 78. 22 Reg. v. Ion, 2 Den. 475. 23 Reg. v. Page, 8 Car. & P. 122.

24 Van Valkenburg v. State, 11 Ohio 404.

25 Gabe v. State, 6 Ark. 519; People v. Stewart, 4 Mich. 655.

26 People v. Stewart, 4 Mich. 655; Bevington v. State, 2 Ohio St. 160.

27 Leonard v. State, 29 Ohio St. 408.

session, guilty knowledge may be inferred from continued possession,28 and intent from circumstances.29

§ 822. Possession of counterfeiting tools.—It is a misdemeanor at common law to have tools for counterfeiting with intent to use them.30 There are also statutes declaratory of the same crime. Under the common law, or the statutes, the following have been held to be tools for counterfeiting: a mold with the stamp of one side of a coin, though useless without the reverse,31 a press for coining, 32 or an iron collar to mark the edges of the coins.33 But the having of an instrument which is not fit for use, as a mold with no opening for the metal to run,34 or an instrument which may also be used lawfully, as a crucible,35 is not a crime. It is essential that the tools should be had for the purpose of making counterfeit coin, and that there is an intent to use them,36 but such intent may be inferred from possession37 and it is enough that another is to use them.38

28 Harrison's Case, 2 Lew. 118. 29 State v. Vincent, 91 Mo. 662, 4 S. W. 430; Reg. v. Jarvis, Dears. 552.

30 Rex v. Sutton, 1 East. P. C. 172.

V. Kent, 6

31 Commonwealth Metc. (Mass.) 221; Rex v. Lennard, 1 East. P. C. 170.

32 Rex v. Bell, 1 East. P. C. 169. 33 Rex v. Moore, 2 Car. & P. 235.

34 Reg. v. MacMillan, 1 Cox Cr. C. 41.

35 State v. Bowman, 6 Vt. 594.

36 People v. White, 34 Cal. 183; Commonwealth v. Morse, 2 Mass. 128; State v. Collins, 10 N. Car. 191.

37 Reg. v. Harvey, L. R. 1 C. C. 284; Reg. v. Weeks, Leigh. & C. 18.

38 Sasser v. State, 13 Ohio 453.

§ 825. Generally.-There are many other Federal statutes creating offenses as to matters within the power of Congress to regulate, which will be briefly noted here. The principles concerning the prosecution of these offenses are the same as in most other statutory crimes, consisting merely in showing that the accused committed an act within the purview of the statutory definition.

§ 826. Commerce regulations.-The statutes regulating interstate commerce provide for penalties for giving preferences to one shipper over another, and discriminating between shippers.1 There are also statutes providing for the punishment of unlawful combinations in restraint of trade.2 There are also penalties against interstate carriers which confine stock in transportation more than twenty-eight hours without unloading for water, feed and rest. There are certain regulations concerning trading with Indians without license. The transportation of women from one state to another for immoral purposes is indictable under these

statutes.

§ 827. Banking regulations.-The statutes relating to the organization and regulation of national banks make it crim1 U. S. Comp. Stat. (1916), 2 U. S. Comp. Stat. (1916), § 8565.

§ 8820.

inal for an officer to make false entries in books, reports or statements of a national bank with the intent to mislead the officers of the bank or of the government concerning the bank's condition. Under these statutes the entries must be wilfully and intentionally false and not merely erroneous.3 The banking acts also make punishable the embezzlement or wilful misapplication of the moneys of a national bank.

§ 828. Revenue laws-Smuggling.-The importation of goods subject to the payment of an import duty without the payment of such duty, is punishable by Federal statutes. Federal license is required for carrying on of certain kinds of business, such as the retail of spirituous liquors under certain circumstances and the sale without such license is punishable. It is criminal to change or alter revenue stamps or their cancellation marks, to present false claims against the government for payment, to cut timber from government land for private purposes, to make false certificate, a false affidavit in support of an application for a pension is criminal. There are various other offenses connected with

the obtaining of pensions.

§ 829. Navigation laws.-Some offenses against the navigation laws are punishable criminally. Among other criminal offenses are the making of a false affidavit to obtain naturalization papers; bringing persons into this country in defiance of immigration laws; aiding other nations in the violation of neutrality statutes; assaulting or offering violence to the person of a foreign minister.

3 United States v. Graves, 53 Fed. 634; United States v. Allen, 47 Fed. 696.

§ 832. Generally. This chapter treats of crimes committed on the high seas punishable under admiralty jurisdiction. Most of the crimes treated are violations of Federal statutes.

§ 833. Piracy.-Piracy is an offense committed on the high seas, equivalent to robbery on land.1 It is a crime against the English common law and the law of nations, punishable by any sovereignty which may seize the guilty party.2 Under Federal statute piracy as an offense against the United States may include acts which are not piracy by the

1 United States v. Baker, Fed. Cas. No. 14501, 5 Blatchf. (U. S.) 6; United States v. Smith, 5 Wheat. (U. S.) 153, 5 L. ed. 57; AttorneyGeneral v. Kwok-a-Sing, L. R. 5 P. C. 180; 2 Whart. Crim. L. (11th ed.), §§ 2218, 2219; Bl. Comm. 72.

2 United States v. Tully, Fed.

Cas. No. 16545, 1 Gall. (U. S.) 247; The Marianna Flora, 11 Wheat. (U. S.) 1, 6 L. ed. 405. See also, United States V. Baker, Fed. Cas. No. 14501, 5 Blatchf. (U. S.) 6; United States v. Smith, 5 Wheat. (U. S.) 153, 5 L. ed. 57; Attorney-General v. Kwok-a-Sing, L. R. 5 P. C. 180.