faith and contrary to the object or purpose for which such chattel or security or power of attorney shall have been entrusted to him, sell, negotiate, transfer, pledge or in any manner convert to his own use or benefit such chattel or security or the proceeds of the same or any part thereof, or the share or the interest in the stock or fund to which such power of attorney shall relate, or any part thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to the punishments which the court may award, as hereinbefore mentioned.

1867, ch. 386, sec. 3.

94. Nothing contained in the preceding section relating to agents shall affect any trustee in or under any instrument whatever, or any mortgagee of any property, real or personal, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage, nor shall restrain any banker, broker, merchant, attorney or other agent from receiving any money which shall be or actually becomes due and payable upon or by virtue of any valuable security according to the tenor and effect thereof, in such manner as he might have done if said section had not been passed, nor from selling, transferring or otherwise disposing of any securities or effects in his possession upon which he shall have any lien, claim or demand entitling him by law so to do, unless such sale, transfer or other disposal shall extend to a greater number or part of such securities or effects than shall be requisite for satisfying such lien, claim or demand.

Ibid. sec. 4.

95. If any factor or agent, entrusted for the purpose of sale with any goods or merchandise, or entrusted with any bill of lading, warehouse-keeper or wharfinger certificates or warrant, or order for delivery of goods or merchandise, shall, for his own benefit, or in violation of good faith, deposit or pledge any such goods or merchandise, or any of the said documents as a security for any money or negotiable instrument, borrowed or received by such factor or agent at or before the time of making such deposit or pledge or intended to be thereafter borrowed or received,

every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be imprisoned in the penitentiary for a term of not more than ten years or less than three years, and be fined not more than five thousand or less than one thousand dollars; but no such factor or agent shall be liable to any prosecution for depositing or pledging any such goods or merchandise, or any of the said documents, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which, at the time of such deposit or pledge, was justly due and owing to such factor or agent from his principal, together with the amount of any bill or bills of exchange drawn by or on account of such principal, and accepted. by such factor or agent.

1867, ch. 386, sec. 5.

96. Nothing in the three preceding sections contained, nor any proceeding, conviction or judgment to be had or taken thereupon against any banker, broker, merchant, factor, attorney or other agent as aforesaid, shall prevent, lessen or impair any remedy at law or in equity, which any party aggrieved by any such offence might or would have had if the said three sections. had not been passed; but nevertheless the conviction of any such offender shall not be received in evidence in any action at law or suit in equity against him; and no banker, broker, merchant, factor, attorney or other agent as aforesaid, shall be liable to be convicted by any evidence whatever as an offender against these sections in respect of any act done by him, if he shall at any time previous to his being indicted for such offence have disclosed such act on oath in consequence of any compulsory process of any court of law or equity in any action, suit or proceeding which shall have been bona fide instituted by any party aggrieved.

Fraud-Corporate Misrepresentation.

1878, ch. 170.

97. Any officer or agent whatsoever of any corporation who shall fraudulently sign, or in any other manner assent to any statement or publication, either for the public or the shareholders thereof, containing untruthful representations of its affairs, assets.

or liabilities, with a view either to enhance or depress the market value of the shares therein, or the value of its corporate obligations, or in any other manner to accomplish any fraud thereby, shall be deemed guilty of a misdemeanor, and upon conviction thereof, by indictment in any court of law, shall be fined not less than one thousand dollars nor more than ten thousand dollars, and be imprisoned in jail or penitentiary, or either fined or imprisoned, at the discretion of the court, for not less than six months nor more than three years.

Fraud-Flour and Whiskey, Sales of.

P. G. L., (1860,) art. 30, sec. 204. 1816, ch. 160, sec. 1.

98. If any person shall give or promise to give to any driver or person having charge of any wagon or other carriage, any sum of money or goods of any description for the purpose of obtaining flour or whiskey intrusted to the care of such driver or person having the charge or care thereof, at any price below the market price of the day, or shall wilfully make out any bill or bills for the same, without stating the full amount paid or promised to be paid to such wagoner or person having the care thereof, he shall forfeit and pay a sum not less than twenty nor more than fifty dollars, one-half to the informer and the other half to the use of the person injured, to be recovered before any justice of the peace as small debts are recovered.

Ibid. sec. 205. 1816, ch. 160, sec. 2.

99. If any driver or person having charge of any wagon or other carriage shall take or receive any sum of money or goods of any description from any person as an inducement for selling any flour or whiskey under the market price of the day, and not make return thereof to the proper owner of such flour or whiskey, he shall pay to the person injured double the amount of the sum so received, and shall pay a fine not less than five nor more than twenty dollars, one-half to the person prosecuting for the same and the other half to the use of the county or city where the case is heard, to be recovered as small debts are recovered.

Fraud-Fruit and Vegetable Packing.

1884, ch. 407, sec. 1.

100. Every person, firm or corporation, now engaged or who may hereafter engage in the business of canned fruits, vegetables and other products, and who shall can or preserve in cans by hermetically sealing any description of fruits or vegetables that have been previously evaporated or dried by the application of heat, and known under the general name of dried fruits and vegetables, shall stamp, or cause to be stamped in the cap covering the mouth of the can into which the said dried fruits or vegetables are to be put up or canned, the following words "soaked goods," as also the bona fide name of the person, firm or corporation canning the said dried fruits or vegetables; and the said words to be stamped in the cap of the can shall be of letters not less than three-sixteenths of one inch in height, and one-sixteenth of an inch in breadth.

Ibid. sec. 2.

101. Any person, firm or corporation, who shall neglect to comply with the provisions of the preceding section, and every person or persons who shall render illegible, conceal or hide in any manner the words to be stamped in the cap of the can, as mentioned in said section, shall be deemed guilty of a misdemeanor, and shall, for every such offence, forfeit and pay a fine of not less than five hundred dollars, to be recovered by indictment in any court of this State having competent jurisdiction for the trial of misdemeanors; and one-half of said fine shall be paid to the informer, and the other half into the treasury of the State.

1886, ch. 496, sec. 1.

102. It shall be unlawful in this State for any packer of or dealer in hermetically canned or preserved fruits, vegetables or other articles of food, excepting oysters, to sell such canned or preserved fruits, vegetables or other articles of food, unless the cans, jars or vessels which contain the same shall bear the name and address of the person, firm or corporation that canned or packed the article, or the name of the dealer who purchases the same from the packer or his agent; such name, address or place

of business shall be plainly printed on the label in letters not less than three-sixteenths of an inch in height and one-eighth of an inch in breadth, together with a brand, mark or term indicating clearly the grade or quality of the article contained therein.

1886, ch. 496, sec. 2.

103. All packers and dealers in soaked goods put up from products dried or cured, before canning and sealing shall, in addition to complying with the provisions of the preceding section, cause to be printed plainly, diagonally across the face of the label, in good legible type, one-half of an inch in height and three-eighths of an inch in width, the words "soaked goods."

Ibid. sec. 3.

104. Any person violating any of the provisions of the two preceding sections, shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offence, to be recovered by indictment in any court of this State having criminal jurisdiction; onehalf of this fine shall be paid to the informer, and the other half to the State treasury.

Fraud upon Gas Companies.

1886, ch. 222, sec. 1.

105. Any person who, with intent to injure or defraud any gas company, body corporate of this State, shall make, or cause to be made, any pipe, tube or other instrument or contrivance, or connect the same, or cause it to be connected, with any main service pipe or other pipe for conducting or supplying illuminating gas, in such manner as to connect with and be calculated to supply illuminating gas to any burner or orifice by or at which illuminating gas is consumed, around or without passing through the meter provided for the measuring and registering the quantity of gas there consumed, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment not exceeding six months, or by fine not exceeding two hundred and fifty dollars, or both, in the discretion of the

court.