ROBERT M. McLANE, ESQUIRE, GOVERNOR.

667

twelve months, or by both fine and imprisonment, at

the discretion of the court. The provisions of this

sub-section are hereby made applicable to cases where

the person or persons employed as aforesaid, and com-

To whom ap-
plicable.

mitting or doing any of the acts prohibited, and made

punishable in this sub-section as aforesaid, are or may

be part owner or part owners of such cargo, or may be

in any manner interested therein; such person or per-

sons being hereby made punishable, if committing or

doing any of the acts prohibited and made punishable

herein in the same manner as if such person or per-

sons had no part ownership or interest in said cargo,

or any part thereof.

SUB SEC. B. In all prosecutions under the foregoing

sub-section, when any money or moneys has been re-

ceived by such person or persons employed as de-

scribed in above sub-section, in consideration of such

cargo, and there has been such a neglect or failure as

Failure to pay.

is described in the preceding section of this act, to pay

over to the owner or owners, or part owners, of such

cargo, the moneys so received or the due and proper

portion thereof due, and owing to such owner or

owners, or part owner or part owners, it shall not be

Not necessary.

necessary in any indictment for offenses created

by said sub-section A, to describe the particular

kind or denomination of such money or moneys so re-

ceived and so neglected or refused to be paid over, but

it shall be sufficient to allege in the indictment, and

Sufficient.

to prove on the trial of the same, the amount of the

money or moneys so received, and so neglected or re-

fused to be paid over as the lawful money of the

United States.

Approved April 8, 1884.