ART. 27] EMBEZZLEMENT. 811

fiduciary capacity, or secrete it with a fraudulent intent to
appropriate it to such use or purpose, he shall be deemed
guilty of embezzlement, and shall be punished upon conviction
by imprisonment in the penitentiary for not less than one year
nor more than five years.

1888, art. 27, sec. 76. 1862, ch. 114.

105. If any person engaged in transporting coal, iron, lumber
or other articles of merchandise, or any property whatever, on
any highway, river, railroad or canal, within this State, shall
sell, dispose of, give away, use or pledge the same or any part
thereof, without the consent of the owner or owners thereof,
such person shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine not less than
fifty nor more than five hundred dollars, or by imprisonment in
the county jail of the county in which the offense is committed,
for a term not more than one year, or by both such fine and
imprisonment, at the discretion of the court.

Ibid, sec. 77. 1862, ch. 114.

106. If any person shall purchase or fraudulently receive,
without the consent of the owner or owners of such property,
any coal, iron, lumber or other articles of merchandise, or any
property whatever, consigned to any person in this State, or
any other State, or the District of Columbia, knowing the same
to be so consigned, from any captain of a canal boat, or any
other person engaged in transporting the said property, such
purchaser shall be liable to pay such owner or owners double
the value of the property so purchased, to be recovered by
civil action, before any justice of the peace, or in any court
having jurisdiction thereof; and the said action may be brought
in the name of either the consignor or consignee.

Ibid. sec. 78. 1884, ch. 499.

107. If any person employed in the management or naviga-
tion of any vessel on any river, canal, bay or other waters
exclusively within this State, in any capacity whatever, shall
sell, give away, pledge or in any manner dispose of the cargo
thereof, belonging to the owner or owners of such vessel or
vessels, or any article or commodity thereon, without the con-
sent of the owner or owners thereof, with intent to defraud the
owner or owners, or any of them, or, if having sold the some,
or any part thereof, with such consent, shall neglect or refuse
to pay over to such owner or owners thereof, the consideration