United States v. Kendrick

26 F. Cas. 758, 2 Mason C.C. 69

• Court: U.S. Circuit Court for the District of Massachusetts
• Decided: May 15, 1820
• Status: Published

Opinion

STORY, Circuit Justice.

It is the decided opinion of the court that this indictment cannot be sustained upon the statute. The seventh section manifestly supposes and requires that the oath should be taken by the same person who signs the certificate, whether it be signed by the owner or his agent or representative. It surely cannot be supposed that one person is to be sworn to the truth of another person’s certificate. Here the certificate is signed by the owner, and the oath is taken by the defendant, who is stated to be agent of the owner. The grossest frauds might be committed if this practice were allowed to prevail, for a stranger might swear to the facts from an innocent belief of their existence from the certificate of the owner, and the owner might fraudulently sign the certificate and escape the penalty of the act. The objection is fatal.