218 CRIMES AND PUNISHMENTS. [ART. 30.

more, or by any other authority legally authorized to make such
appointments, who shall fraudulently embezzle or appropriate to
his own use money, funds or evidences of debt, which he is by
law bound to pay over, account for, or deliver to the Treasurer
of this State, or to any other person by law authorized to receive
the same, shall be guilty of a misdemeanor, and shall upon con-
viction thereof be sentenced to the penitentiary for not less than
eighteen months nor more than ten years.

ESCAPING FROM PENITENTIARY.

51. If any offender, sentenced to undergo a confinement in the
penitentiary, shall escape, he shall, on conviction thereof, suffer
such additional confinement and hard labor, agreeably to the
laws of this State, as the Criminal Court of Baltimore shall
adjudge and direct; and if any keeper, deputy, assistant keeper,
or other person, shall aid or assist in the escape of any offender
confined in the penitentiary, he shall, on conviction thereof by
the Criminal Court of Baltimore, undergo such confinement in
the said penitentiary as the said court may adjudge, not less than
eighteen months nor more than ten years.

FAME PRETENCES.

52. Any person who shall by any false pretence obtain from
any other person any chattel, money, or valuable security, with
intent to, defraud any person of the same, shall be guilty of a
misdemeanor, and being convicted thereof, shall be liable at the
discretion of the court, to be punished by fine and imprisonment,
or by confinement in the penitentiary for not less than two
years nor more than ten years, as the court shall award; Provided
always, that if upon the trial of any person indicted for such
misdemeanor, it shall be proved that he obtained the property
in question in any such manner as to amount in law to larceny or
robbery, he shall not by reason thereof be entitled to be acquitted
of such misdemeanor; and no person tried upon such misdemeanor
shall be afterwards liable to be prosecuted for larceny or robbery,
upon the same facts; And provided also, that a mere promise for
future payment, though not intended to be performed, shall not
be sufficient to authorize a conviction under this section.

53. When any person shall hereafter be convicted of any statu-
table felony or misdemeanor, for the false or fraudulent obtention
or embezzlement, secreting or making way with goods, chattels.