Page:United States Statutes at Large Volume 30.djvu/1297

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1259 the habit of grazing or ranging, shall be fined in any sum not less than fifty dollars nor more than four hundred dollars, and shall be liable to the owner or owners of such animal or animals for all damages sustained by reason of such driving or taking away such domestic animal. Sec. 45. That if any person shall willfully and knowingly make, I·¤¤¤¤¤y by nlwring alter, or deface any artificial earmark or brand upon any horse, mare, ¥.°{..k.§§' b"'"" “*'°“ gelding, foal, mule, ass, jenny, bull, cow, steer, or calf, the property of another, with intent thereby to convert the same to his own u e, such person shall be deemed guilty of larceny, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one nor more than ive years. Sec. 46. That if any officer, agent, clerk,employee, or servant of any nmmnmm by private person or persons, copartnership, or incorporation shall embez- '°"““'· zle or fraudulently convert to his own use, or shall take or secrete with intent to embezzle or fraudulently convert to his own use, any money, property, or thing of another which may be the subject of larceny, and which shall have come into his possession or be under his care by virtue of such employment, such ollzicer, agent, clerk, employee, or serv- . ant shall be deemed guilty of embezzlement, and upon .conviction thereof, if the property embezzled shall exceed in value thirty-five dollars, shall be punished by imprisonment in the penitentiary not less than one nor more than ten years; but if the property embezzled shall not exceed the value of thirty-five dollars, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than twenty- five nor more than one hundred dollars. Sec. 47. That if any bailee, with or without hire, shall embezzle, or b nmtmiemm by wrongfully convert to his own use, or shall secrete, with intent to con- °u°°` vert to his own use, or shall fail, neglect, or refuse to deliver, keep, or account for, according to the nature of his trust, any money or property of another delivered or intrusted to his care or control, and which may be the subject of larceny, such bailee, upon conviction thereof, shall be ' deemed guilty of embezzlement and punished accordingly; and if any such bailee shall receive grain of any~kind from different bailors, and mix the same and store it together in bulk, in such case, in an indictment charging such bailee so mixing and storing grain with committing, with reference to said grain, the crime defined and made penal in this section, it shall not be necessary to charge in said indictment or prove on the trial that the ownership of said grain is in more than one of said bailors. And every mortgagor of personal property having possession of property mortgaged shall be deemed a bailee within the provisions of this section. Sec. 48. That if any person shall receive any money whatever for ¤m\•¤¤=l•¤¤•m tr said district, or for any county, town, or other municipal or public P" ° "'°“°’· corporation therein, or shall have in his possession any money whatever belonging to such district, county, town, or corporation, or in which said district, county, town,, or corporation has an interest, and shall in any way convert to his own use any portion thereof, or shall loan, with or without interest, any portion thereof, or' shall neglect or refuse to pay over any portion thereof, as by law directed and required, or when lawfully demanded so to do, such person shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one nor more than fifteen years, and by fine equal to twice the amount so converted, loaned, or neglected or refused to be paid, as the case may be. Sec. 49. That the amount of the money converted, loaned, or neg- same suupm. leeted or refused to be paid, must be ascertained by the verdict of the jury as near as may be, and no person in any proceeding against him under section forty-eight can be allowed to set up or prove any private demand which he may have or claim to have against such district, county, town, or corporation as a defense to such proceeding. Sec. 50. That if any person, being the trustee of any property for r15i-¤¤¤»•c»¤vm1..g the benefit of another, or for any public or charitable use, shall, with P ’°""