ART. 27.] FRAUD—CONVERSION OP MONEY, SECURITIES. 491

of such person, who shall convert to his own use any provisions
fruits, flour, meat, butter, cheese or any other property, or the
proceeds of the same, shall be deemed guilty of a misdemeanor
and upon indictment and conviction in any court of this State
having criminal jurisdiction shall be fined not more than one
thousand dollars or be imprisoned not exceeding six months, or
both, in the discretion of the court; and the failure to pay over
the avails or proceeds received, by any factor, commission mer-
chant, consignee or person selling goods or produce on commis-
sion, less his proper charges, within five days after receiving the
money or its equivalent from the purchaser or purchasers of said
goods or produce and demand made therefor by the person
entitled to receive the same, or his or her duly authorized agent,
shall be prima, facie evidence in any court of law in this State
to establish the conversion of said goods or produce.

Fraud Conversion pf Money or Securities.

1867, ch. 386, sec. 2.

93. If any money or security for the payment of money shall
be entrusted to any banker, 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 his own use or benefit such money, security
or proceeds, or any part thereof, respectively, every such offender
shall be guilty of a misdemeanor, and being convicted thereof,
shall be imprisoned in the pentitentiary 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 interest, or certificates of any share or
interest in any stock of this or 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 entrusted to

any banker, broker, merchant, attorney or other agent, for safe
custody, or for any special purpose without any authority to sell,
negotiate, transfer or pledge, and he shall, in violation of good