Utter

V.; UTTERING, part. n. To utter,,as used in a statute against forgery and counterfeiting, means to offer, whether accepted or not, a forged instrument, with the representation, by words or actions, that the same is. genuine. ' State v. Horner,, 48 Mo. 520. The words "uttering" and' "passing,"' used of- notes, do not necessarily import that they are transferred as genuine. The terms include any delivery of a note to another for value, with intent that it shall be put into circulation as money.

United States V. Nelson, 1 ^66. U. S. 1-35.

To constitute an uttering of a forged instrument, it is not necessary that the instrument should have been actually received" as genuine by the party upon whom the attempt to defraud is made. That it was offered as genuine, or declared or asserted, by words or actions, to be good is enough.

People V. Caton, 25 AHch. 388.

The putting of a forged mortgage on record is a sufficient uttering. Collecting money upon it and indorsing the payments, is also a sufl Scient uttering, whether the instrument itself was produced at the time of payment or not.

Perkins v. People, 27 Mich. 386.

Putting a forged deed on record, or averring it in pleading, as a genuine deed, is uttering and publishing it.

Paige v. People, 3 Abb. Appi Dec. 439.

Where a person, knowing the contents of a forged letter, and; with intent to obtain. ] money thereupon, delivered it, sealed, to. the clerk of the person to whom it was addressed, and whom he supposed to be authorized to open it, this was held evidence of. uttering it, in United States v. Carter, 2- Crunch C. Cti 243. Enclosing a false instrument, directed to: a person at W, and depositing it in the post-offlce at B, to- be forwarded, is not an, uttering at W. United States v. Plympton,, 4 Cranch C. Gt. 309. Y. and receive the compensation; when it' is open to be filled by a new appointment. There is no technical nor peculiar meanunoccupied, or, as applied to an office, without an incumbent. There is no basis for the distinction that it applies only to offices vacated by death, resignation, or otherwise. An existing office without an incumbent is vacant, whether it be a new or an old one. Stocking b.

State, 7 Ind. 326.

Vacant, when used with reference to an office, means unoccupied. An existing office without an incumbent is vacant, whether it is a new or an old one.

State 11. Boecker, 56 Mo. 17. s. P. State v. Irwin, 5 Nev. Ill, 1.30.

Vacant possession

A vacant possession is where a tenant has entirely abandoned the premises which he held; for if he still retains the virtual possession of them, though he has ceased to occupy, the possession cannot be treated as vacant; but the landlord must proceed by ejectment in the ordinary way. Many nice distinctions have been drawn as to what is a vacant possession. Where the tenant of a house locked it up and quitted it, the court held that the landlord should treat it as a vacant possession. But generally, where there is any thing left by the tenant on the premises, however trifling, that will suffice to prevent a vacant possession. Tomlins, Vacant succession. Is where, on the death of a sovereign or other person of title, there is no one appointed by law to succeed; or where there is an inheritance to which there is no known heir.