ART. 27] FRAUD. 369

his assigns, or who, in the case of personal property levied on and taken
in execution, without the consent of the execution creditor, his assigns
or lawfully authorized agents, first had and obtained in writing, and
with intent to defraud the mortgagee or his assigns, and to defeat his or
their lien under said mortgage, or with intent to defraud the said con-
ditional vendor of personal property in an unrecorded, conditional,
written contract, or his assigns, or with intent to defraud the execution
creditor or his assigns, and defeat his or their lien under said execution,
shall remove any of the personal property so mortgaged or purchased
under said unrecorded, conditional, written contract, or levied on and
taken in execution as aforesaid, as the case may be, beyond the .limits
of the city or county where it was located when so mortgaged or .pur-
chased under said unrecorded, conditional, written contract, or levied
on and taken in execution, or who, with intent as aforesaid, removes,
secretes, hypothecates, destroys or sells the same shall be deemed guilty
of a misdemeanor, and on indictment therefor and conviction thereof,
shall be imprisoned in the city or county jail not more than six months,
or shall be fined not more than five hundred dollars, or both, in the; dis-
cretion of the court; but nothing herein contained shall be construed to
relieve the sheriff or other officer holding said execution from, his re-
sponsibility to the execution creditor for the safe keeping of any per-
sonal property by him levied on and taken in execution as aforesaid;
For a suit for malicious prosecution growing out of an arrest under this
section, and involving the defense that the warrant upon which the plaintiff
was arrested was of no effect, and hence the defendant was not liable, see
Smith v. Brown, 110 Md. 244.
For a suit for malicious prosecution growing out of an indictment under
this section, see Hooper v. Vernon, 74 Md. 137.

As to "Bills of Sale and Chattel Mortgages," see article 21, section 43, et
seq.

Fraud—Re-Hypothecation of Personal Securities.

1904, art. 27, sec. 167. 1888, art. 27, sec. 112. 1878, ch. 172.
185. It shall not be lawful for any person or persons, bankj build-'
ing association or corporation to re-pledge or re-hypothecate any stocks,'
bonds or other security or securities, the title to which passes by deliv-
ery or endorsement received or held by him or them as security 'for any
money lent or advanced to the owner or holder of such stocks, bonds or
other securities, during the continuance of the contract of pledge or
hypothecation, without the consent of the pledger; and every person or
officer of such bank, building association or corporation, who shall so
re-pledge or re-hypothecate such stocks, bonds or other securities so
received or held, without the consent of the said pledgor so. given as
aforesaid shall be guilty of a misdemeanor, and on conviction thereof
shall be sentenced to pay a fine of not less than five hundred dollars, nor,
more than five thousand dollars, or to imprisonment in the penitentiary
for not more than five years, or both, in the discretion of the Court...
24