796

CRIMES AND MISDEMEANORS, ETC. [ART. 72.

State, or to any other person by law authorized to receive the same,
shall be guilty of a misdemeanor, and shall upon conviction thereof

Punishment.

be sentenced to the penitentiary for not less than eighteen months
nor more than ten years.

1872, c 423
Embezzlement
by hirer of per-
sonal chattel.

57. Every hirer of a personal chattel of the value of twenty
dollars and upwards, who shall secrete, make away with, sell, or
otherwise dispose of the same, with intent to defraud the owner
thereof, shall be guilty of a misdemeanor, and upon conviction
thereof shall be liable to a fine, not exceeding double the value of

Punishment

the article disposed of, and imprisonment for a term not exceeding
thirty days, or either, at the discretion of the court.

FALSE PRETENCES.

Art 30, s 52
1815, c 319, ss.
1,2

58. Any person who shall, by any false pretence, obtain from any
other person any chattel, money, or valuable security with intent to

False pretences

defraud any person of the same, shall be guilty of a misdemeanor,
and being convicted thereof shall be liable, at the discretion of the
court, to be punished by fine and imprisonment, or by confinement

Punishment.

in the penitentiary for not less than two years nor more than ten
years, as the court shall award; provided, always, that if, upon the
trial of any person indicted for such misdemeanor, it shall be proved
that he obtained the property in question in any such manner as to
amount in law to larceny or robbery, he shall not, by reason thereof,
be entitled to be acquitted of such misdemeanor; and no person
tried upon such misdemeanor shall be afterwards liable to be prose-
cuted for larceny or robbery upon the same facts; and, provided,
also, that a mere promise for future payment, though not intended
to be performed, shall not be sufficient to authorize a conviction un-
der this section.

FRAUDULENT CONVERSION.

1867, c 386
Conversion to
their own use
by brokers, etc ,
of money or
securities
intrusted.

59. If any money or security for the payment of money shall be
intrusted to any hanker, broker, merchant, attorney, or other agent,
with any direction in writing to apply such money, or any part
thereof, or the proceeds, or any part of the proceeds of such security,
for any purpose specified in such direction, and he shall, in violation
of good faith, and contrary to the purpose so specified, in anywise
convert to hia own use and benefit such money, security, or proceeds,
or any part thereof, respectively, every such offender shall be guilty

Punishment.

of a misdemeanor, and being convicted thereof shall be imprisoned
in the penitentiary for a term of not more than ten years or less
than three years, and be fined not more than five thousand nor less
than one thousand dollars; and, if any chattel, or valuable security,
or any power of attorney for the sale or transfer of any share or in-
terest, or certificate of any share or interest in any stock of this, or
of any other State, or of the United States, or of any foreign state,
or in any funds or capital stock of any body corporate, company,
or society, shall be intrusted to any banker, broker, merchant, at-
torney or other agent, for safe custody, or for any special purpose