820 CRIMES AND PUNISHMENTS. [ART. 27

fine of one hundred dollars and imprisonment for one month
for each subsequent offense. All indictments under sections
122, 123, 124 and 125 of this article shall be prosecuted as
though the same had not been repealed and re-enacted.

McAllister v. State, 72 Md. 390. Wright v State, 88 Md. 437. Fox v.
State, 89 Md. 384. Hancock v. State, 89 Md. 724.

Fraud—Conversion by Factors of Consigned Goods.

1888, art 27, sec. 92. 1888, ch. 293.

126. Any factor, commission merchant or consignee, or any
person selling goods on commission, or the agent, clerk or
servant of such person, who shall convert to his own use any
provisions, fruits, flour, meat, butter, cheese or any other
property, or the proceeds of the same, shall be deemed guilty
of a misdemeanor, and upon indictment and conviction in any
court of this State having criminal jurisdiction shall be fined
not more than one thousand dollars or be imprisoned not
exceeding six months, or both, in the discretion of the court;
and the failure to pay over the avails or proceeds received by
any factor, commission merchant, consignee or person selling
go'ods or produce on commission, less his proper charges, within
five days after receiving the money or its equivalent from the
purchaser or purchasers of said goods or produce and demand
made therefor by the person entitled to receive the same, or his
or her duly authorized agent, shall be prima facie evidence in
any court of law in this State to establish the conversion of
said goods or produce.

1890, ch. 619, sec. 92 A.

127. Every factor, commission merchant or consignee, and
every person selling on commission any farm products of per-
sons within this State, such as vegetables, fruit, grain, tobacco,
poultry, eggs, cattle, swine or any other farm products whatso-
ever, shall require of every purchaser at the time of making
such sale or sales to deposit with such factor, commission
merchant, consignee or agent the full market value of all
vessels, such as crates, boxes, barrels, bags, baskets, casks or
any other vessel or vessels used in the packing and transporta-
tion of any such form products, to be fixed by such factor, com-
mission merchant, consignee or agent. Such deposit shall be
refunded to such purchaser or to the person entitled to receive
the same in case he brings back within five days and delivers
to such factor, commission merchant, agent or consignee the
aforementioned vessel or vessels in as good condition as when