
    The People against Farrington.
    NEW-YORK,
    October, 1817.
    Forging an order, in these words: “ Pay to John Lviv, or bearer, 1500 dollars, in Ñ» layers’ bills or yours,” is not within the act to prevent forgery: it not being an order, ** for the payment of money or ike delivery of goods.”
    
    THE prisoner was tried at the court of Oyer and Terminer, in Dutchess county, in September last, on an indictment for forging the following order: “ Poughkeepsie, June, 1817 ; To the cashier of Levi MiKean’s exchange office, pay to John Low, or bearer, fifteen hundred dollars, in N. Myers’ bills or yours, David B. Lint.’’—There was a verdict of guilty; and the counsel for the prisoner having moved in arrest of judgment, on the ground that the check, or order, set forth in the indictment, was neither an order for the payment of money, nor for the delivery of goods, within the act to prevent forging and counterfeiting. (36 Sess. ch. 44. 1 N. R. L. 405.) The prisoner was now brought up, by habeas corpus, for the judgment of the court.
    
      Bloom, district attorney.
    He cited People v. Holbrook, 13 Johns. Rep. 90.
    J. Tallmadge, for the prisoner.
   Per Curiam

The language of this order is too indefinite •„ whether Myers’ bills or M‘Kean’s bills are money, or goods, is wholly uncertain. We are of opinion, that it is not an order for the payment of money, nor for the delivery of goods. The prisoner must, therefore, be discharged.

Prisoner discharged.  