witness, acquainted with their signatures and with the dif ference between the true and counterfeit bills of such bank, may be admitted to prove them forged and counterfeit; and if such prosecution relates to public securities, a certificate of the tenor of the genuine public security, alleged to be forged or altered, made under oath by the secretary of the treasury, or treasurer of the United States, or by the secretary or treasurer of any State by which such security purports to be issued, shall be evidence to prove them forged or altered.14

FALSE CERTIFICATES, AND FALSE ISSUES AND TRANSFERS

OF STOCKS.

9. If any person, legally authorized to take the proof or acknowledgment of any instrument, that by law may be recorded, willfully and falsely certifies that such proof or acknowledgment was duly made; or if any person fraudulently affixes a fictitious or pretended signature, purporting to be that of any officer or agent of a corporation, to any written instrument purporting to be a draft, note, or other evidence of debt issued by such corporation, with intent to pass the same as true, though such person never was an officer or agent of such corporation, or never existed, he shall be deemed guilty of forgery and punished as provided in section one.15

10. If any officer or agent of a corporation willfully signs with intent to issue, or issues any certificate purporting to be a certificate or other evidence of the ownership or of the transfer of any stock in such corporation, not authorized by its charter, by-laws, and votes, or without such authority issues, sells, or pledges any such certificate or other evidence of ownership or transfer of stock after it is lawfully signed, he shall be punished by impris onment in the State prison not more than ten years, and by fine not exceeding one thousand dollars.16

REWARDS TO INFORMERS AND PROSECUTORS.

11. The following rewards shall be paid to the person informing and prosecuting in the cases described below:

14 R. S. c. 121, § 8.-15 R. S. c. 121, § 9.-18 R. S. c. 121, § 10.

Sixty dollars for each person convicted and sentenced for either of the aforesaid offenses of forging and counterfeiting any coin, public security, bank-bill, or note; and forty dollars for each person convicted and sentenced for either of the aforesaid offenses of possessing with intent to utter, or of knowingly uttering any such coin, public security, bank-bill, or note; and these rewards shall be paid out of the treasury of the State by warrant of the governor and council, granted on certificate of the judge who tried the case; and where there are two or more informers and prosecutors for the same offense, the reward shall be divided between them equally, or in such proportions as said judge determines.17

(k) FORMS FOR FORGERY AND COUNTERFEITING, &c. 1. Forging a promissory note.

feloniously did falsely make, forge, and counterfeit a certain false, forged, and counterfeit promissory note, which false, forged, and counterfeit promissory note is of the tenor following, to wit, [here copy the note] with intent thereby then and there to injure and defraud.

2. For counterfeiting a bank-bill.

feloniously did falsely make, forge, and counterfeit a certain false, forged, and counterfeit bank-bill, payable to the bearer thereof, purporting to be issued by the president, directors, and company of the Merchants Bank, then and there being an incorporated banking company established in this State, to wit, at B., in the county of S., and State aforesaid, which said false, forged, and counterfeit bank-bill is of the tenor following, that is to say, &c., with intent thereby then and there to injure and defraud.

3. For having in possession at the same time, ten or more counterfeit bank-bills, with intent to pass the same. had in his possession at the same time, ten similar false, forged, and counterfeit bank-bills, payable to the bearer thereof, purporting to be issued by the president, directors, and company of the Canal Bank, then and there being an incorporated banking company established in this State, to wit, at P., in the county of C., and State aforesaid, one of which said false, forged, and counterfeit bank-bills is of the following tenor, that is to say, [here insert a true copy of all and each of the ten bills; after inserting a true copy of the first, go on to say, one other of which said false, forged, and counterfeit bank-bills is of the following tenor, and so on with the whole of them]; the said C. D. then and there knowing each and every one of said bank-bills to be false,

17 R. S. c. 121, § 11.

forged, and counterfeit as aforesaid, with intent then and there to utter and pass the same as true, and thereby then and there to injure and defraud.

4. Passing counterfeit bill.

did utter and pass to one E. F. a certain false, forged, and counterfeit bank-bill, payable to the bearer thereof, purporting to be issued by the president, directors, and company of the Canal Bank, then and there being an incorporated banking company established in this State, to wit, at P. aforesaid, in the county aforesaid, and State aforesaid, which said false, forged, and counterfeit bank-bill is of the tenor following, that is to say, &c., with intent thereby then and there to injure and defraud the said E. F., the said C. D. then and there knowing the said bank-bill to be false, forged, and counterfeit.

5. Having in possession a counterfeit bill, with intent to pass the same.

had in his possession a certain false, forged, and counterfeit bill, in the similitude of the bills payable to the bearer thereof, and issued by the president, directors, and company of the Boylston Bank, then and there being a banking company established in this State, to wit, at B., in the county of S., and State aforesaid, which said false, forged, and counterfeit bank-bill is of the tenor following, that is to say, &c.; with intent then and there to utter and pass the same, the said C. D. then and there knowing the said bank-bill to be false, forged, and counterfeit.

6. Making a tool to be used in counterfeiting.

did engrave and make a certain plate, the same being then and there an instrument and implement adapted and designed for the forging and making of false and counterfeit notes, in the similitude of the notes issued by the president, directors, and company of the Canal Bank, then and there being a banking company legally established in this State, to wit, in the county of C., and State aforesaid.

7. Having a tool to be used in counterfeiting bank-notes, with intent to use the same.

feloniously had in his possession a certain engraved plate, the same being then and there an instrument adapted and designed for the forging and making false and counterfeit notes in the similitude of the notes issued by the president, directors, and company of the Merchants Bank, then and there being a banking company established in this State, to wit, at P., in the county of C., and State aforesaid, with intent then and there to use the same in forging and making false and counterfeit notes in the similitude of the notes issued by the president, directors, and company of the said Merchants Bank.

8. For counterfeiting coin.

did counterfeit, and did procure to be counterfeited, a certain piece of silver coin, current within this State by the laws and usages thereof, called a dollar.

9. For having ten counterfeit pieces of coin, with intent to pass the same.

had in his possession at the same time, ten pieces of false money and coin, counterfeited in the similitude of the good and legal silver coin current within this State, by the laws thereof, called dollars; with intent to utter and pass the same as true, then and there, knowing the same to be false and counterfeit.

10. For passing counterfeit coin.

a certain piece of false money and coin, forged and counterfeited in the similitude of the good and legal gold coin, current within this State by the laws thereof, called an eagle; did utter, pass, and tender in payment as true, with intent him, the said A. B., then and there to injure and defraud, he, the said C. D., then and there well knowing the aforesaid piece of coin to be false and counterfeit.

11. For having in possession coining instruments. did knowingly have in his possession a certain mold, pattern, die, puncheon, tool, and instrument adapted and designed for coining and making one side of a counterfeit coin, in the similitude of one side or half part of a certain silver coin, called a half dollar, to wit, that side or half part thereof, which represents a spread-eagle, and has the words, "United States of America-Half Dollar;" said coin, called a half dollar, then and there being current by law in this State aforesaid, with intent then and there to use and employ the said mold, pattern, die, puncheon, tool, and instrument, and cause and permit the same to be used and employed, in coining and making such false and counterfeit coin as aforesaid.

CHAPTER XXXIV.

OFFENSES AGAINST PUBLIC JUSTICE.

PERJURY.

1. Whoever, when required to tell the truth on oath or affirmation lawfully administered, willfully and corruptly swears or affirms falsely to any material matter, in a proceeding before any court, tribunal, or officer created by law, or in relation to which an oath or affirmation is authorized by law, is guilty of perjury; and whoever procures another to commit perjury shall be deemed guilty of subornation of perjury; and punished in either case, if

the perjury was committed in a trial of a capital crime, by imprisonment for life or any term of years not less than ten, and if committed in any other case, by imprisonment not less than two, nor more than ten years.1

(a) Perjury may be committed before referees; and the indictment need not allege a final determination of the controversy by the referees; but it is sufficient if it allege that they proceeded to hear the parties, and that the false testimony was given in a due course of proceeding before them.2

(b) If the oath was administered by a justice of the peace who had no jurisdiction of the case before him, the false swearing will not constitute perjury.3

(c) The falsity of the testimony must be proved by something more than the testimony of one witness, the oath of such witness being balanced by the oath of the accused on the former trial.4

(d) It is not enough to aver in an indictment for perjury, that the perjury was committed in a proceeding in a course of justice.5

(e) It must, from the indictment, appear, with certainty, that at the time the offense is charged, the tribunal, which adminis tered the oath, and before whom the testimony was given, had jurisdiction of the matter then on trial. Thus if before referees, the time of their appointment must appear.

2. Whoever willfully and corruptly endeavors to incite or procure another to commit perjury, though it is not committed, shall be punished by imprisonment not less than one, nor more than five years.?

3. When any witness or party, legally sworn and examined, or making affidavit in any proceeding in a court of record, testifies in such a manner as to raise a reasonable presumption that he is guilty of perjury therein, the court may immediately order him committed to prison, or take his recognizance with sureties for his appearance to answer to a charge of perjury; and bind over any witnesses present to appear at the proper court to prove such charge, order the detention as long as necessary of any papers or documents produced and deemed necessary in the prosecution of such charge, and cause notice of these proceedings to be given to the State's attorney for the same county.8

1 R. S. c. 122, §1.-2 State v. Keene, 26 Me. 33.3 State v. Furlong, 26 Me. 69; State v. Hall, 49 Me. 412.-4 Newbit v. Shattuck, 35 Me. 315.-5 State v. Hanson, 89 Me. 337.- State v. Plummer, 50 Me. 217.-7 R. S. c. 122, § 2.-8 R. S. 122, § 3.