CRIMES AND PUNISHMENTS. 1077

vehicle as defined in the laws of this State relating to such, or property
whatsoever, or take and carry away out of the custody or use of any person
or persons, body corporate or politic, or his or their agents, any of the
above enumerated property at whatsoever place the same may be found,
shall upon conviction thereof in any of the courts of this State having crimi-
nal jurisdiction be adjudged guilty of a misdemeanor, and shall restore
the property so taken and carried away, or, if unable so to do, shall pay
to the owner or owners the full value thereof, and be fined not less than
fifty nor more than one hundred dollars, or be imprisoned in the county
or city jail or the penitentiary, or the house of correction, for not less than
six months nor more than four years, or be both fined and imprisoned as
aforesaid, in the discretion of the Court, although it may appear from the
evidence that such person or persons, his or their aiders and abettors, took
and carried away the property or any portion of the same enumerated in
this Section, for his or their present use, and not with the intent of ap-
propriating or converting the same.

Indictment and conviction under this section—see notes to sec. 577. Symington III
v. State, 133 Md. 453.

This section referred to in illustrating that the sub-division under which a statute
is codified is immaterial. See notes to sec. 36. Bowser v. State, 136 Md. 345.

This section referred to in construing sec. 87—see notes thereto. Pritchett v.
State, 140 Md. 315.

Larceny—Metallic Checks.

An. Code, sec. 295. 1904, sec. 271. 1888, sec. 166. 1882, ch. 240, sec. 2.

328. If any person shall steal, take and carry away any metallic check,
card or other device issued or delivered by any employer in this State to
his employes, having stamped, written or otherwise indicated thereon
any numerals or other characters intended to indicate the sum or sums
which may be due from the said employer to the said employes, he shall
be deemed a felon, and on conviction thereof shall be punished in the same
manner and to the same extent as if he had been convicted of stealing,
taking and carrying away lawful money of the United States, of the same
legal value as the sum or sums which the said metallic check, card or other
device may represent as being due from the said employer to any employe,
whether the same shall have been issued and delivered to any employe,
or only stamped or otherwise so prepared as to be a representation of value
in the hands of the holders thereof.

Larceny—Pipes, Water or Gas Fixtures.

An. Code, sec. 296. 1904, sec. 272. 1888, sec. 167. 1865, ch. 13.

329. If any person shall feloniously steal, take and carry away any
pipe, water fixture or gas fixture, or any other article or thing of value
attached to or a part of any store, shop, dwelling-house, tobacco house or
warehouse, whether the same be occupied or not, or if any person shall
enter any store, shop, dwelling-house, tobacco house or warehouse, and shall
feloniously sever or separate from the freehold any pipe, water fixture or
gas fixture, or any other article, or anything attached or affixed thereto,