Page:1862-63 Territory of Dakota Session Laws.pdf/62

Embezzlement or fraudulent selling by warehousemen, &c. Sec. 25. Any warehouseman, storage, forwarding or commission merchant or miller, or his or their agents, clerks or servants who shall embezzle or fraudulently convert to bis or their own use, or fraudulently sell or otherwise dispose of for his or their own gain, profit or advantage, without the consent of the owner thereof, any grain, flour, pork, beef, wool, or other goods, wares or merchandize, which shall have been received by such warehouseman, miller, or storage, forwarding or commission merchant, to be stored for hire or ur other purpose, shall be deemed to have committed the crime of larceny.

Persons converting to their own use public moneys; how punished. Sec. 26. If any person having in his possession any money belonging to this territory, or any county, town city, or other municipal corporation, or school district, or in which this territory, or any county, town, city, village or other municipal corporation, or school district, has any interest, or if any collector or treasurer of any town or county, or incorporated city, town or village, or school district, or the treasurer or other disbursing officer of the territory, or any other person holding any office under any law of this territory, or any officer of an incorporated company, who now is by virtue of his office, or shall hereafter be intrusted with the collection, safe keeping, receipt, transfer or disbursement, of any tax, revenue, fine, or other money, shall convert to his own use, in any way or manner whatever, any part chercof, or shall loan, with or without interest, any portion of the money intrusted to him as aforesaid, or shall improperly neglect or refuse to pay over the same, or any part thereof, according to the provisions of law, he shall be deemed and adjudged to be guilty of embezzlement.

Punishment therefor. Sec. 27. Any person who shall be guilty of embezzling any money prohibited by this or the last preceding section, not exceeding in amount the sum of one hundred dollars, shall, upon conviction thereof, be punished by imprisonment in the county jail not more than twelve months, nor less than three months; and any person who shall be convicted of embezzling a greater sum than one hundred doilars, shall be punished by imprisonment in the territorial prison, not more than three years nor less than one year, and by a fine in each case of twice the amount so embezzled; and if the court cannot determine from the