CRIMES AND PUNISHMENTS. 1011

In an indictment of a clerk to county commissioners under this section, a tax
bill on which was written " Received payment, W. D., Collector, per J. A. D., Clerk,
County Commissioners," is evidence. Embezzlement by clerk to county commis-
sioners is-within scope of this section. It is not necessary to show that traverser
received the money " by virtue of his employment," nor that he had authority to
receive it, but only that it was received in name or on account of employer. Denton
v. State, 77 Md. 528. And see State v. Denton, 74 Md. 517.

An indictment which merely charges the larceny of $102.72 " current money, a more
particular description of which said money the jurors aforesaid have not and can-
not give," is properly quashed as too vague. State v. Denton, 74 Md. 518.

An indictment under this section which does not allege ownership of property
or money embezzled, is not sufficient. State v. Tracey, 73 Md. 447.

An attorney-at-law is an " agent" within meaning of this section. The jury are
judges of law as well as of facts in a criminal case; improper statement to jury
by state's attorney. Dick v. State, 107 Md. 12.

For suits for malicious prosecution growing out of indictment under this section,
see Moneyweight Co. v. McCormick, 109 Md. 179; Medcalfe v. Brooklyn Life Co.,
45 Md. 202; Jordan v. Piano Co., 140 Md. 212.

An. Code, sec. 113. 1910, ch. 477 (p. 87).

130. If an insurance agent, solicitor or broker4 who acts in negotiating
a contract of insurance by an insurance company lawfully doing business
in this State, and who embezzles or fraudulently converts to his own use,
or, with intent to use or embezzle, takes, secretes, lends, invests or other-
wise uses or applies any money or substitute for money received by him as
such agent, solicitor or broker, contrary to the instructions or without the
consent of the company for or on account of which the same was received
by him, he shall be guilty of a misdemeanor, and, on conviction thereof, shall
be sentenced to the jail or penitentiary for not more than three years, in the
discretion of the court.

An. Code, sec. 114. 1904, sec. 104. 1900, ch. 22, sec. 75A.

' 131. If any executor, administrator, guardian, committee, trustee, re-
ceiver or any other fiduciary shall fraudulently and wilfully appropriate
to any use and purpose not in the due and lawful execution of his trust,
any money or any other thing of value which may come into his hands as
such executor, administrator, guardian, committee, trustee, receiver, or
in any other fiduciary capacity, or secrete it with a fraudulent intent to
appropriate it to such use or purpose, he shall be deemed guilty of em-
bezzlement, and shall be punished upon conviction by imprisonment in the
penitentiary for not less than one year nor more than five years.
Cited but not construed in Dick v. State, 107 Md. 15, 21, 23.

An. Code, sec. 115. 1904, sec. 105. 1888, sec. 76. 1862, ch. 114.

132. If any person engaged in transporting coal, iron, lumber or other
articles of merchandise, or any property whatever, on any highway, river,
railroad or canal, within this State, shall sell, dispose of, give away, use or
pledge the same or any part thereof, without the consent of the owner or
owners thereof, such person shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be punished by a fine not less than fifty
nor more than five hundred dollars, or by imprisonment in the county jail
of the county in which the offense is committed, for a term not more than
one year, or by both such fine and imprisonment, at the discretion of the
court.

Cited but not construed in Dick v. State, 107 Md. 16.