ART. 27] EMBEZZLEMENT. 347

in consideration of such cargo, and there has been such a neglect or
failure as therein described to pay over to the owner or owners, or part
owners of such cargo the money so received or the proper portion
thereof due and owing to such owner or owners, or part owner or
part owners, it shall not be necessary in the indictment to describe the
particular kind or denomination of such money so received and so neg-
lected or refused to be paid over, but it shall be sufficient to allege in
the indictment, and to prove on the trial of the same, the amount of
the money so received, and so neglected or refused to be paid over, as
the lawful money of the United States.

1904, art. 27, sec. 109. 1892, ch. 25, sec. 79A.

119. In all cases where any person or persons shall be employed
in the management or navigation of any vessel or vessels in any river
bay or other waters exclusively within this State, on shares, whereby
the master and owner or owners of such vessel or vessels are to re-
ceive a certain share, respectively, of the proceeds derived from the
sale of the cargo or cargoes thereof, the owner or owners of such
vessel or vessels shall be deemed ipso facto owner or owners of a part
of the cargo, equal in quantity to the share of the proceeds, which, by
the terms of such employment, such owner or owners may be entitled to
receive; and the master of such vessels shall be deemed to be the agent
of the owner for the purpose of selling or disposing of such owner's
share of the cargo; and the master of such vessel shall account for and
pay over to such owner or owners his or their share of the cargo 01-
the proceeds thereof; and if such master shall neglect or refuse to
account for and pay over to such owner or owners the consideration
received therefor, with intent to defraud the said owner or owners,
or any of them, he shall be deemed guilty of a misdemeanor, and, on
conviction thereof in any court of this State having criminal jurisdic-
tion shall be subject to the penalty or penalties as provided in section
117 of this article.

Ibid. sec. 110. 1888, art. 27, sec. 80. 1860, art. 30, sec. 50. 1884, ch. 196.

120. Any person holding office in this State, whether elected or
appointed by the governor, by the corporate authorities of Baltimore
city, or by any other authority legally authorized to make such appoint-
ments, 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 conviction thereof, be sentenced to the
penitentiary for not less than eighteen months nor more than ten years.
The state treasurer may be indicted under this section and punished for
fraudulently embezzling state funds. His criminal responsibility is in no
manner affected by his removal from office. Penal statutes are to be fairly
and reasonably construed; the title of the act may be considered if the