812 CRIMES AND PUNISHMENTS. [ART. 27

received therefor, with intent to defraud the said owner or
owners, or any of them, he shall be deemed guilty of a misde-
meanor, and on conviction thereof in any court of this State
having criminal jurisdiction shall be punished 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 interested
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 ownership or
interest in said cargo, or any part thereof.

1888, art. 27, sec. 79 1884, ch. 499

108. 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 necessary in the indictment to describe the
particular kind or denomination 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.

1892, ch. 25, sec. 79 A.

109. In all cases where any person or persons shall be
employed in the management or navigation of any vessel or
vessels in any river, bay or other waters exclusively within
this State, on shares, whereby the master and owner or owners
of such vessel or vessels are to receive a certain share, respec-
tively, of the proceeds derived from the sale of the cargo or
cargoes thereof, the owner or owners of such vessel or vessels
shall be deemed ipso facto owner or owners of a part of the
cargo, equal in quantity to the share of the proceeds, which,