1038 ARTICLE 27.

Fraud by Mortgagors of Personal Property.

An. Code, sec. 184. 1904, sec. 166. 1888, sec. 111. 1884, ch. 202. 1888, ch. 193. 1894, ch. 315.

1920, ch. 210, sec. 184.

210. Any mortgagor of personal property in possession of the same, or
any purchaser of personal property under a recorded or unrecorded, con-
ditional, written contract, in possession of said property, or any execution
debtor in possession of personal property levied on and taken in execution,
who, in the case of mortgaged personal property, without the consent of the
mortgagee or his assigns, first had and obtained in writing, or who, in the
case of the purchaser of personal property under a recorded or unrecorded,
conditional, written contract, without the consent first had and obtained in
writing of the conditional vendor in said contract, or 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 with intent to defraud the said vendor of personal property
in a recorded or 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 recorded or 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 is located when
so mortgaged or purchased under said recorded or 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 con-
viction 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 discretion of the court; but nothing herein contained shall be con-
strued to relieve the sheriff or other officer holding said execution from his
responsibility to the execution creditor for the safe keeping of any personal
property by him levied on and taken in execution as aforesaid.

For a suit for malicious prosecution growing out of arrest under this section, and
involving defense that warrant upon which plaintiff was arrested was of no effect,
and hence defendant was not liable, see Smith v. Brown, 119 Md. 244.

For a suit for malicious prosecution growing out of an indictment under this sec-
tion, see Hooper v. Vernon, 74 Md. 137.

As to " Bills of Sale and Chattel Mortgages," see art. 21, sec. 44, et seq.

As to fraudulent conveyances, see art. 39B.

Fraud—Re-Hypothecation of Personal Securities.

An. Code, sec. 185. 1904, sec. 167. 1888, sec. 112. 1878, ch. 172.

211. It shall not be lawful for any person or persons, bank, building
association or corporation to re-pledge or re-hypothecate any stocks, bonds or
other security or securities, the title to which passes by delivery or endorse-
ment 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