ART. 27.] EMBEZZLING PROPERTY AND WRITINGS. 485

consent, shall neglect or refuse to pay over to such owner or
owners thereof, the consideration 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 conviction thereof in
any court of this State having criminal jurisdiction, shall be pun-
ished by a fine of not less than five hundred dollars nor more
than one thousand dollars, or by imprisonment in the jail of the

county or city in which such conviction is had for not less than
six months nor more than twelve months, or by both fine and
imprisonment, at the discretion of the court. The provisions of
this section shall be applicable to cases where the person
employed as aforesaid, and committing or doing any of the acts
prohibited, and made punishable in this section as aforesaid, is or
may be part owner of such cargo, or may be in any manner inter-
ested therein, such person being punishable, if committing
or doing any of the acts prohibited and made punishable
herein, in the same manner as if such person had no part owner-
ship or interest in said cargo, or any part thereof.

1884, ch. 499.

79. In all prosecutions under the foregoing section, when any

money has been received by such person employed as therein

described, in consideration 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 neces-
sary in the indictment to describe the particular kind or de-
nomination 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.

V

P. G. L., (1860,) art. 30, sec. 50. 1854, ch. 196.

80. Any person holding office in this State, whether elected
or appointed by the governor, by the corporate authorities oi
Baltimore, or by any other authority legally authorized to make
such appointments, who shall fraudulently embezzle or appro