Counter

Contrary, in opposition to. See CoNTEA. As a' prefix, denotes that one thing is, or is placed, in antagonism to some other: as, a counter-afiidavit, counter-bond, counter-claim, counter-evidence, counter-plea, counter-proof, counter-statement, countersurety, — for each of which see the simple substantive.

Compare Cross, 3.

COUNTEBrEIT, v. To make something falsely and fraudulently in the semblance of that which is true; also, the thing so made. n. A spurious imitation intended to resemble something which is not.' Refers, ordinarily, to imitations of money or of securities. But a trade-mark (g. v.) may be counterfeited. The resemblance of the spurious to the genuine must be such, possibly, as to deceive a, person using ordinary caution." " False, forged, and counterfeit," said of counterfeiting Treasury notes, necessarily imply that the instrument so characterized is not genuine, but only purports to be, or is in the similitude of the genuine instrument.^ It is not necessary in an indictment, under § 5457, Rev. St., to allege that the act of counterfeiting was done with intent to defraud; such intent, if an element of the crime, is implied in the allegation of "falsely" making." On counterfeiting the securities of the United States, see Rev. St. § 5413. » Counterfeiting, passing, or possessing with intent 1 Hopkins v. Orr, 184 U. S. 513 'Gould, PI.

159; 3 Bl. Com. 295; 58 N. H. 41. 3 United States v. Malone, 20 Blatch. 140 (1881): R. S. § 1034; s. c. 13 Rep. 67. ■" State 1). Mc Naught, 30 Kan. 627 (1887), cases. 5 Queen v. Hermann, 4 Q. B, D. 287 (1879). See 1 Stew., Ala., 386; 1 Ohio St. 187. 'United States v. Bogart, 9 Bened. 315 (1878). ' [United States v. Howell, 11 Wall. 432, 430 a870),' Miller, J. See 2 Flip. 557; 13 F. R. 96; Const. Art. I, sec. 8, cl. 6.

6 United States v. Otey, 31 F. R. 68 (1887). to utter or pass, within the United States, the notes, or other securities of any foreign government, is punishable by fine and imprisonment at hard labor; and so is having in one's possession, without lawful authority, any plate therefor or printing from the same.' Under the power " to define and punish offenses against the law of nations," and to " regulate commerce with foreign nations," Congress may provide for punishing as a crime the counterfeiting, within the United States, of the notes of foreign banks or corporations, although they be not the obligations of the foreign government.'

Eee False; Forse, 2; Genuine; Guilt; Obligation, 8; Similitude; Spurious; Utter.