352 CRIMES AND PUNISHMENTS. [ART. 27

the absolute and exclusive control of .such person or corporation, in the
other case, at the time when such instrument shall be issued; and any
principal person or corporation, or any agent or officer whatsoever, of
any person or corporation wilfully violating the provisions or any pro-
vision of this section shall be guilty of a misdemeanor, and on convic-
tion thereof shall be subject to a fine of not less than one thousand nor
more than five thousand dollars, in the discretion of the court.

A receipt issued by a firm engaged in the business of canning vegetables,
for goods of their own canning and which were to remain in their posses-
sion subject to the order of the holder, same not purporting to be a ware-
house receipt and the indictment not charging that the parties issuing it
were warehousemen, is not a warehouse or storage receipt within the mean-
ing of the act of 1876, ch. 262. State v. Bryant, 63 Md. 67 (cf. dissenting
opinion).
As to "Bills of Lading," see article 14.

Fraud—Breach of Trust, Bills of Lading, EIevator or
Warehouse Receipts.

1904, art. 27, sec. 119. 1880, ch. 309, sec. 87A.

132. If any person or persons shall on his or their own behalf, or
shall for or on behalf of any other person or persons, or shall for or on
behalf of any firm, copartnership or corporation, receive, accept or take
in trust from any person, persons, firm, copartnership or corporation
any warehouse receipt or elevator receipt, or bill of lading or any docu-
ment giving or purporting to give title to or the right to possession of
any goods, wares, merchandise or other personal property of any kind,
under or subject to any written contract or agreement expressing the
terms and condition of such trust; and if such person or persons so
receiving any warehouse receipt or elevator receipt, bill of lading or
any document giving or purporting to give title to or the right to pos-
session -of any goods, wares or merchandise or other personal property
of any kind shall, in violation of good faith, fail, neglect or refuse to
perform or fulfill the terms and conditions of such trust as expressed in
such written contract or agreement, then and in every such case such
person or persons so failing, neglecting or refusing to perform or ful-
fill the terms and conditions of such trust shall, on being convicted
thereof, be imprisoned in the penitentiary for a term not more than
ten years nor less than one year, or be fined not more than five thousand
dollars nor less than five hundred dollars, or both, in the discretion of
the court.

See section 210.

As to "Warehouse Receipts," see article 14A.

Fraud—Boarding House, Hotel and Livery Stable Keepers.

Ibid. sec. 120. 1892, ch. 42. 1894, ch. 418. 1898, ch. 287, sec. 84A.

133. Every person who shall by any false or fraudulent representa-
tions, or by any false show of baggage, goods or chattels, which are cal-
culated to deceive any hotel proprietor, keeper or manager, obtain lodg-
ing or credit, or the use of any horse or vehicle, or food or stabling for
a horse or horses in any hotel in this State, or from the keeper of any