810 CRIMES AND PUNISHMENTS. [ART. 27

evidence of debt or other valuable security or effects belonging
to such bank, every such offender, his adviser, procurer, aider
or abettor shall be deemed guilty of felony, and on conviction
thereof shall be sentenced to the penitentiary for not less than
five nor more than fifteen years.

1888, art, 26, sec. 75. 1860, art. 30, sec. 49. 1820, ch. 162, sec. 2.
1880, ch. 458. 1886, ch. 310

103. Whosoever being a cashier, servant, agent or clerk to
any person, or to any body corporate, or being employed for
the purpose or in the capacity of a cashier, servant, agent or
clerk by any person or body corporate, shall fraudulently
embezzle any money, goods, bill, note, bond, check, evidence of
debt, or other valuable security or effects which, or any part
whereof, shall be delivered to or received, or taken into posses-
sion by him, for or in 'the name or on the account of his master
or employer, shall be deemed to have feloniously stolen the
same from his master or employer, although such money,
goods, bill, note, bond, check, evidence of debt or other valu-
able security or effects was not received into the possession of
such master or employer, otherwise than by the actual posses-
sion of his cashier, servant, agent, clerk or other person so
employed, and, being convicted thereof, shall be punished by
imprisonment in the jail or the house of correction for not
more than three years, or in the penitentiary for not more than
fifteen years; in every indictment for a violation of this section
when the offense shall relate to coin or notes circulating as
money it shall be sufficient to allege the embezzlement to be
of money without specifying any particular coin or notes
circulating as money; and such allegation, so far as regards
the description of the property, shall be sustained if the
offender shall be proved to have embezzled any amount of coin
or notes circulating as money, although the particular species
of coin or notes circulating as money, of which such amount
was composed, shall not be proved.

State v Tracey, 73 Md. 447. State v. Denton, 74 Md. 517. Denton v.
State, 77 Md. 528.
1900, ch 22, sec. 75 A.

104. If any executor, administrator, guardian, committee,
trustee, receiver or any other fiduciary shall fraudulently and
wilfully appropriate to any use and purpose not in the due and
lawful execution of his trust, any money or any other thing of
value which may come into his hands as such executor, admin-
istrator, guardian, committee, trustee, receiver, or in any other