ART. 27] FRAUD. 353

livery stable, and shall subsequently refuse, decline or fail to pay for
his credit, board or lodging, or use of horse or food or stabling for horse
furnished him, shall be guilty of a misdemeanor, and on conviction
thereof shall be punished by a fine of not more than one hundred dollars
or by imprisonment in jail for a term of not less than one month nor
more than six months, or by both such fine and imprisonment in the
discretion of the court.

1904, art. 27, sec. 121. 1894, ch. 418. 1888, ch. 287, sec. 84B. 1912, ch. 687.

134. Every person who shall at any hotel, inn, boarding house or
livery stable receive or cause to be furnished any food or accommoda-
tion for man or beast, and shall fraudulently fail to pay for the same,
and every person who shall obtain credit at any hotel, inn or boarding
house by the use of any false pretense or device, or by fraudulently
depositing at such hotel, inn or boarding house any baggage or property
of value less than the amount of such credit or of the bill by such person
incurred; and every person who, after obtaining credit or accommoda-
tion at any hotel, inn or boarding house shall abscond or fraudulently
depart or remove his baggage therefrom without discharging the debt
as aforesaid incurred, shall be guilty of a, misdemeanor, and upon con-
viction thereof shall be punished by a fine of not less than one hundred
dollars or by imprisonment in jail for a term of not less than one month
nor more than six months, or by both such fine and imprisonment, in
the discretion of the Court. And in determination of any question aris-
ing under this section the fact that such departure or removal was with-
out the knowledge or consent of the proprietor or manager of such hotel,
inn or boarding house or the representatives or agent of such proprietor
or manager, shall be treated as presumptive evidence that such depar-
ture or removal was fraudulent. Nothing in this section shall apply to
or affect the prosecution of any offense which may have been committed
prior to the passage of this section, or the punishment provided for such
offense.

Fraud—Butter—Oleomargarine.

Ibid. sec. 122. 1888, art. 27, sec. 88. 1886, ch. 455, sec. 1. 1888, ch. 312, sec. 1.
1900, ch. 496. 1910, ch. 437 (p. 87).

135. No person shall manufacture, offer or expose for sale, sell or
deliver, or have in his possession with intent to sell or deliver within
this State, as for natural butter, renovated butter, butter made by the
Quinness patent or process, or that made by other similar process,
whereby casein of milk or other ingredients are made to imitate and
resemble natural butter made from cream or other substitute made or
colored to imitate natural butter.

That the oleomargarine in the traverser's possession was made in another
state and was retained by him in the original package unbroken; that it
was a pure article of commerce though colored in imitation of yellow but-
ter; and that the traverser had not offered such oleomargarine for sale as
butter constitutes a defense to an indictment under this section. It makes
no difference that the oleomargarine was colored in imitation of yellow
butter unless it be alleged and proven that the coloring matter is impure-
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