814 CRIMES AND PUNISHMENTS. [ART. 27

False Pretenses.

1888, art. 27, sec. 82. 1860, art. 30, sec. 52. 1835, ch. 319, secs. 1, 2.
112. Any person who shall by any false pretense obtain from
any other person any chattel, money or valuable security, with
intent to defraud any person of the same, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion of the court, to be punished by fine and imprison-
ment, or by confinement in the penitentiary for not less than
two years nor more than ten years, as the court shall award ;
provided always, that if upon the trial of any person indicted
or such misdemeanor it shall be proved that he obtained the
property in question in any such manner as to amount in law
to larceny or robbery, he shall not by reason thereof be entitled
to be acquitted of such misdemeanor; and no person tried upon
such misdemeanor shall be afterwards liable to be prosecuted
for larceny or robbery upon the same facts; and provided also,
that a mere promise for future payment, though not intended
to be performed, shall not be sufficient to authorize a conviction
under this section.

State v Scribner, 2 G. & J 253. Stansbury v. Fogle, 37 Md. 388. State
v. Blizzard, 70 Md 385.

Ibid, sec 83. 1860, art. 30, sec. 53 1835, ch. 319, sec. 3.

113. When any person shall be convicted of any statutory
felony or misdemeanor, for the false or fraudulent obtention or
embezzlement, secreting or making way with goods, chattels,
valuable effects, money or securities, the court before whom any
such conviction shall be had may award restitution to the real
owner thereof; provided, however, that no bona fide holder
thereof shall be obliged to surrender up the same.

Isaacs v. State, 23 Md. 410.

1888-, art. 27, sec. 84. 1888, ch. 280.

114. Every person who by any false pretense shall obtain
from any club, association, society or company for improving
the breed of cattle, horses, sheep, swine and other domestic
animals a certificate of registration of any animal in the herd
register or other register of any such club, association, society
or company, or a transfer of any such registration, shall be
guilty of a misdemeanor, and upon conviction thereof shall be
fined not less than ten nor more than one hundred dollars.

1892, ch. 142, sec. 84 A.

116. Any person who shall by any false and fraudulent rep-
resentation in writing, signed by him as to his own or his