ART. 27.] EMBEZZLEMENT——ESCAPING FROM PENITENTIARY. 813

by the terms of such employment, such owner or owners may
be entitled to receive; and the master of such vessels shall be
deemed to be the agent of the owner for the purpose of selling
or disposing of such owner's share of the cargo; and the
master of such vessel shall account for and pay over to such
owner or owners his or their share of the cargo or the pro-
ceeds thereof; and if such master shall neglect or refuse to
account for and pay over to such owner or owners the consid-
eration received therefor, with intent to defraud the said owner
or owners, or any of them, he shall be deemed guilty of a mis-
demeanor, and, on conviction thereof in any court of this State
having criminal jurisdiction shall be subject to the penalty or
penalties as provided in section 107 of this article.

1888, art 27, sec. 80. 1860, art. 30, sec. 50. 1884, ch. 196.

110. Any person holding office in this State, whether elected
or appointed by the governor, by the corporate authorities of
Baltimore city, or by any other authority legally authorized to
make such appointments, who shall fraudulently embezzle or
appropriate to his own use money, funds or evidences of debt,
which he is by law bound to pay over, account for, or deliver
to the treasurer of this State, or to any other person by law
authorized to receive the same, shall be guilty of a misde-
meanor, and shall, upon conviction thereof, be sentenced to the
penitentiary for not less than eighteen months nor more than
ten years.

State v. Archer, 73 Md, 44. Vansant v. State, 96 Md. 126.

Escaping from Penitentiary.

1888, art. 27, sec. 81. 1860, art. 30, sec. 51. 1809, ch. 138, sec. 2.
1837, ch. 320, sec. 18

111. If any offender, sentenced to undergo a confinement in
the penitentiary, shall escape, he shall, on conviction thereof,
suffer such additional confinement and hard labor, agreeably to
the laws of this State, as the criminal court of Baltimore shall
adjudge and direct; and if any keeper, deputy, assistant keeper,
or other person shall aid or assist in the escape of any offender
confined in the penitentiary, he shall, on conviction thereof by
the criminal court of Baltimore, undergo such confinement in
the said penitentiary as the said court may adjudge, not less
than eighteen months nor more than ten years.