Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1875-09-23


or In any manner convert to his owx
use Or heBef;f such chastel or security
or the proceeds az the same or anv part
thereof. or the share or the interest in
the stock or fund to which such power
If attorney shall relate, % any part
thereof, every such offender shall be
guilty. of rnisi<neauor, and beinc
convicted thereof shall be liable to the
punsshments which The court may award
as hereinhefoe last mentioned.
A Subsection provides ..tlsAt trustees
or morts.<'tes. are not to te affected by
the foregoing; nor is II the intention
OF the Law To restrain s.brskers, sc.
ffcm selling securities under lien on
claim and sub-sec. 4 Of the same arti-
Gle reads:
IF AIRY factor or agent entrusted
for tie purpose of sale, with any goods
or merchandise. or entrusted with any
bill OF lading.. ware5euse-k keeper, or
whartinser certificate, or warrant, or
order for the delivery of goods or mer-
chandise, shall for his own benefit, or
IN violation of good faith, deposit or
pledge any such goods or merchandise,
! or any of said documents as a security
Tor any money or negotiable instrument
borrowed or received by such factor
or agent at or before the time Of ma
king such deposit or pledge &C., &C.,
such offender shall be deemed guilty
Of misdemeanor; on conviction con-
fined in the penitentiary not less than
three years, nor more than ten years,
and be fined not more than FIVE thous-
and nor less than one thousand dol
dollars
The committee advised that while
the law is ample to punish ordinary
cases of embezzlement as described in
the statute it is in some respects dcfec-
tive and probably insufficient to reach
all cases of breach of trust According
" it recommends that the influence Of
the Board Of Trade be exerted to pro-
cure the enactment by the next Legis-
lature of more comprehensive law and
and the statute of Virginia on this sub
ject which we give below, was regar-
ded by the Board as more comprehen-
! siye and suitable than the laws OF our
| State on this point and was commended
to the committee intrusted with tie
preparation or framing of tue new law
TO be submitted to the next Assembly OF
! MARYLAND for adoption.
The Virginia Statute reads, as follows:
SEC. l. Provides that il any person
shall wrcngfully and fraudulentiy use,
! dispose Of, conceal or embezzle any mo-
ney, bill, note, check, order. draft, bond,
receipt. bill of lading, or any other pro-
perry which he shall have received for
another, or for his employer, principal
or bailor, or BY virtue of bis office, trust
or employment, or which shall have
been entrusted or delivered To him by
another, or By any court, corporation OF
! company, he shall be deemed guilty OF
the larceny thereof.
SEC. ,. If any person store or ship
goods, wares, merchandise, grain, -four,
or other produce or commodity. in bis
own name, being in the possession there
Of for or on account ofanother, and sell
negotiate, pledge or hvpothecate the
j same or any part thereof. or the receipt
or bill Of ia,iiBc received therefor, and
fraudulentiy fail 70 account for or pay
over TO his principal, or the owner OF
the property, the amount So received on
such sale, negotiation, pledge or hy-
rothecation, he shall be deemed guilty
of the larceny thereof.
SEC. 3. If any person shall obtain
from another an advance Of money,
merchandise or other thing. upon a
promise in writing that he will send or
deliver to such other person his crop OF
other property. and shall fraudulently
fail or refuse to perform such promise,
he shall be deemed guilty Of the larce-
ny of such money, merchandise or 9th
or thing.
SEC. {. Any person prosecuted M
der this act, shall be allowed to testify
in his own behalf