provides that the above section shall extend to and "include any guardian or guardians of a minor child or children, appointed by the Orphans' Court of the respective counties, in the same manner as executors, administrators and assigns."

XXII. EMBEZZLEMENT BY CONSIGNEES AND FACTORS.

Act 31 March, 1860, Sec. 125, P. L., 412.—If any consignee or factor having the possession of merchandise, with authority to sell the same, or having possession of any bill of lading, permit, certificate, receipt or order for the delivery of merchandise with the like authority, shall deposit, or pledge such merchandise or document, consigned or intrusted to him as aforesaid, as a security for any money borrowed, or negotiable instrument received by such consignee or factor, and shall apply or dispose of the same to his own use, in violation of good faith, with intent to defraud the owner of such merchandise, and if any consignee or factor shall, with like fraudulent intent, apply or dispose of, to his own use, any money or negotiable instrument, raised or acquired by the sale, or other disposition of such merchandise, such consignee or factor, in every such case, shall be guilty of a misdemeanor, and be sentenced to pay a fine not exceeding two thousand dollars, and undergo an imprisonment, not exceeding five years.

Commonwealth v. Fitzpatrick, 1871, 8 Phila. R., 613.-Embezzlement by factor, an auctioneer, although time was allowed him, and the sales were held in presence of consignor.

Holmes v. German Security Bank, 87 Penna., 525.
Commonwealth v. Cart, 11 Pitts. L. J., 313.

XXIII. EMBEZZLEMENT BY TRANSPORTERS, AND BUYING AND RECEIVING EMBEZZLED GOODS.

Act 31 March, 1860, Sec. 126, P. L., 412.-If any person engaged in carrying or transporting coal, iron, lumber, or other articles of merchandise, or property whatsoever, within this Commonwealth, shall fraudulently sell or dispose of, or pledge the same or any part thereof, without the consent of the owner thereof, such offence shall be deemed a misdemeanor, and the offender shall, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, not exceeding

one year; or if any person shall knowingly buy and receive the said merchandise, knowing the same to have been sold, disposed of or pledged fraudulently, he shall, on conviction, be sentenced to the like punishment.

XXIV. EMBEZZLEMENT BY COUNTY TREASURER.

Act 27 May, 1841, Sec. 10, P. L., 402.-If any county treasurer, elected or appointed under the provisions of this act, after taking upon himself the duties of the office, shall embezzle, misuse or waste the public moneys committed to his charge, he shall, on conviction, be fined in a sum not less than one hundred dollars and not more than two thousand dollars, and be imprisoned for a time not less than three months nor more than two years, the amount of said fine and term of imprisonment to be at the discretion of the court.

ED. NOTE.-Does the 65th section of the Act 31 March, 1860, P. L., p. 400, abrogate the above section?

XXV. EMBEZZLEMENT BY BANK OFFICERS AND EMPLOYÉS OF BANKS, ISSUING NOTES, AND DRAWING DRAFTS WITHOUT AUTHORITY, ETC.

Act 1 May, 1861, Sec. 36, P. L., 515.-Every president, director, cashier, teller, clerk, or agent of any bank, who shall embezzle, abstract or wilfully misapply any of the moneys, funds or credits of such bank, or shall, fraudulently and without authority from the directors, issue or put in circulation, any of the notes of such bank, or shall, without such authority, fraudulently issue or put forth any certificate of deposit, draw any order or bill of exchange, make any acceptance, sign any note, bond, draft, bill of exchange, mortgage or other instrument of writing, or shall make any false entry on any book, report or statement of the bank, with an intent, in either case, to injure or defraud such bank, or to injure or defraud any other company, body corporate or politic, or any individual person, or to deceive any officer or agent appointed to inspect the affairs of any bank, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the penitentiary, at hard labor, not less than one nor more than ten years.

XXVI. EMBEZZLEMENT BY A MEMBER OF THE NATIONAL GUARD.

Act 15 April, 1873, Sec. 6, P. L., 74.—Any member of the National Guard who shall embezzle, misapply or retain in his possession, without authority, any moneys received by him for disbursement, shall be deemed guilty of a felony; and it shall be the duty of the district-attorney of the proper county, on complaint being made, to prosecute such offender in any court of competent jurisdiction, and to collect any penalty imposed, and pay the same into the State treasury.

XXVII. EMBEZZLEMENT BY DIRECTORS, OFFICERS OR AGENTS OF FIRE, MARINE, LIFE, TRUST, ANNUITY, ETC., COM

PANIES.

Act 17 June, 1878, Sec. 1, P. L., 212.-If any director, officer, agent or other person connected with or doing business with or for any fire, marine or life insurance company, trust or annuity company, or any health or casualty insurance company, or any company for the insurance of horses, mules, cattle and live-stock, incorporated by the State of Pennsylvania, or any other State of the United States, or by any foreign government, or organized under the laws of any State or foreign government, which has complied with the insurance laws of this Commonwealth, shall fraudulently embezzle or appropriate to his own use, or the use of any other person or persons, any money or other property belonging to such company or companies, or left with or held by such company or companies in trust, as a special deposit or otherwise, he or they, on conviction thereof, shall be fined in a sum not exceeding nor less than the amount so appropriated or embezzled, and sentenced to undergo an imprisonment in the penitentiary for a term not exceeding five years, or both such fine and imprisonment, at the discretion of the court. And in the indictment and trial of any case under this act, it shall not be necessary, in order to establish a prima facie case for the Commonwealth, to set forth or prove the incorporation or organization of any such company or companies, except by the verbal testimony of any competent witness.

XXVIII. EMBEZZLEMENT BY OFFICERS AND EMPLOYÉS OF BANK OR OTHER CORPORATIONS.

Act 12 June, 1878, Sec. 1, P. L., 196, amending Act 31 March, 1860, Sec. 116.-If any person, being an officer, director, superintendent, manager, receiver, employé, agent, attorney, broker, or member of any bank or other body corporate, or public company, municipal or quasi municipal corporation, shall fraudulently take, convert or apply to his own use, or the use of any other person, any of the money or other property of such bank, body corporate or company, municipal or quasi municipal corporation, or belonging to any person or persons, corporations or association, and deposited therein, or in possession thereof, he shall be guilty of a misdemeanor.

Act 12 June, 1878, Sec. 5, P. L., 197.-Every person found guilty of a misdemeanor under any or either of the preceding sections of this title, wherein the nature and extent of the punishment is not specified, shall be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment by separate or solitary confinement at labor not exceeding six years.

1. Commonwealth v. Hill, 1864, 2 Pearson, 432.—“ An indictment which charges an offence substantially in the language of the act of Assembly, prohibiting it and prescribing the punishment, is good. The particularity of description necessary previous to the Criminal Procedure Act of 1860 is no longer requisite. That act, being remedial, is to be so construed as to avoid inconveniences formerly existing, and to advance the remedy provided by the legislature.

2. "In an indictment containing several counts, while it is necessary that each should charge the defendant with a distinct offence, still, if one or more of them be defective upon its face, or be rejected by the grand jury, that circumstance will not vitiate the residue, if there be any which are good; and further, matters may have been referred to in such good counts which are contained in those that are defective or have been rejected, and are wholly abandoned on the trial, where the purpose of such reference is to avoid unnecessary repetition.

3. "Where an indictment blends three days in one count, charging a joint receipt of money, naming the amount, on those three days, but fails to aver that the embezzlement of the money and the amount thereof received, on each specific day, occurred within six months of the time laid for the offence of the preceding day, the defendant may demur successfully; or a motion to quash will prevail if either be made before the jury are sworn; but if the three days named in the indictment are within six months of the date of its finding, and the defendant proceeds to trial on the merits and is convicted, a motion in arrest of judgment cannot avail him. Such defect is formal, not material.

4. "Where a party charged with embezzlement was, at the time of committing the offence, in the actual employment of the person or corporation whose prop

erty was embezzled, it matters not whether he was directly hired by that person or corporation or not. If he was employed for it, and by virtue of such employment received the money and fraudulently embezzled it, he may be convicted."

1. Commonwealth v. Leisenring, 1875, 11 Phila. R., 392. An indictment charged defendant with embezzlement as secretary and treasurer and officer. Held, that the words and officer were mere surplusage and not fatal.

2. Under the 28th section of the Penal Procedure Act, the description of the moneys embezzled need not be specific.

1. Commonwealth ex rel. Torrey v. Ketner, 1880, 11 Norris, 375.-Where the relator is being prosecuted for a matter which is not an indictable offence by the law of Pennsylvania, or one over which the court below has no jurisdiction, it is the duty of the Supreme Court to discharge him.

2. Embezzlement by a cashier of a National Bank is not punishable at common law, nor under the statutes of this State; he is amenable to the laws of the United States in such case made and provided. Aliter, if said defendant had been the cashier of a bank organized under the laws of Pennsylvania.

XXIX. KEEPING FRAUDULENT ACCOUNTS, BY WHICH MEANS AN OFFICER OR EMPLOYÉ OF ANY CORPORATION, OR MEMBER OF A BODY CORPORATE, OR MUNICIPAL CORPORATION, POSSESSES HIMSELF OF MONEY OR OTHER PROPERTY UNLAWFULLY, HOW PUNISHED.

Act 12 June, 1878, Sec. 2, P. L., 196, amending Act 31 March, 1860, Sec. 117.-If any person, being an officer, director, superintendent, manager, receiver, employé, agent, attorney, broker, or member of any body corporate or public company, or municipal or quasi municipal corporation, shall as such receiver, possess himself of any money or other property of such corporate or public company, municipal or quasi municipal corporation, otherwise than in payment to him of a just debt or demand, and shall, with intent to defraud, omit to make or cause or direct to be made, a full and true entry thereof in the books and accounts of such body corporate, public company, municipal or quasi municipal corporation, he shall be guilty of a misde

meanor.

Act 12 June, 1878, Sec. 5, P. L., 197.-Every person found guilty of a misdemeanor under any or either of the preceding sections of this title, wherein the extent and nature of the punishment is not specified, shall be sentenced to pay a fine not exceeding one thousand dollars, and to undergo an imprisonment by separate or solitary confinement at labor, not exceeding six years.