1136 ARTICLE 27

An. Code, 1924, sec. 135. 1912, sec. 118. 1904, sec. 108. 1888, sec. 79. 1884, ch. 499.

146. In all prosecutions under the foregoing section, when any money
has been received by such person employed as therein described, in con-
sideration of such cargo, and there has been such a neglect or failure as
therein described to pay over to the owner or owners, or part owners of
such cargo the money so received or the proper portion thereof due and
owing to such owner or owners, or part owner or part owners, it shall not
be necessary in the indictment to describe the particular kind or denomina-
tion of such money so received and so neglected or refused to be paid over,
but it shall be sufficient to allege in the indictment, and to prove on the
trial of the same, the amount of the money so received, and so neglected
or refused to be paid over, as the lawful money of the United States.

An. Code, 1924, sec. 136. 1912, sec. 119. 1904, sec. 109. 1892, ch. 25, sec. 79A.

147. In all cases where any person or persons shall be employed in
the management or navigation of any vessel or vessels in any river, bay
or other waters exclusively within this State, on shares, whereby the master
and owner or owners of such vessel or vessels are to receive a certain share,
respectively, of the proceeds derived from the sale of the cargo or car-
goes thereof, the owner or owners of such vessel or vessels, shall be deemed
ipso facto owner or owners of a part of the cargo, equal in quantity to the
share of the proceeds, which, by the terms of such employment, such
owner or owners may be entitled to receive; and the master of such vessels
shall be deemed to be the agent of the owner for the purpose of selling or
disposing of such owner's share of the cargo; and the master of such vessel
shall account for and pay over to such owner or owners his or their share
of the cargo or the proceeds thereof; and if such master shall neglect or
refuse to account for and pay over to such owner or owners the considera-
tion received therefor, with intent to defraud the said owner or owners,
or any of them, he shall be deemed guilty of a misdemeanor, and, on con-
viction thereof in any court of this State having criminal jurisdiction shall
be subject to the penalty or penalties as provided in section 145 of this
article.

An. Code, 1924, sec. 137. 1912, sec. 120. 1904, sec. 110. 1888, sec. 80. 1884, ch. 196.

148. Any person holding office in this State, whether elected or ap-
pointed by the governor, by the corporate authorities of Baltimore City,
or by any other authority legally authorized to make such appointments,
who shall fraudulently embezzle or appropriate to his own use money,
funds or evidences of debt, which he is by law bound to pay over, account
for, or deliver to the treasurer of this State, or to any other person by law
authorized to receive the same, shall be guilty of a misdemeanor, and shall,
upon conviction thereof, be sentenced to the penitentiary for not less than
eighteen months nor more than ten years.

The state treasurer may be indicted under this section and punished for fraudulently
embezzling state funds. His criminal responsibility is in no manner affected by his
removal from office. Penal statutes are to be fairly and reasonably construed; title
of act may be considered if law itself is obscure. State v. Archer, 73 Md. 56. And see
Vansant v. State, 96 Md. 126.

This section does not apply to a clerk to county commissioners who embezzles the
money received on their account and as their agent. This section is applicable only to
public officers required by law to account with or pay over to state treasurer or other
person by law authorized to receive money. State v. Denton, 74 Md. 519.

This section referred to in deciding that a court clerk is liable to state for interest on
public monies collected by him. Vansant v. State, 96 Md. 126.