aiders, abettors or counselors, or against any person for sending or accepting a challenge, or for carrying any challenge, or delivering any message intended as or purporting to be a challenge, or for being present at the fighting of any duel as a second, or for aiding or giving countenance to any duel, or the sending or accepting any challenge, to specify the nature or kind of the engine, instrument or weapon with which the duel shall be fought or intended to be fought, so that it be alleged in the indictment that the engine, weapon or instrument was deadly the probable consequence of fighting with which might be the death of the parties. 72. Officer to Prevent. If any judge, justice of the peace, sheriff, or other officer bound to preserve the public peace, shall have knowledge of an intention on the part of any two persons to fight with any deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the duel, every such officer shall be fined not exceeding $100. 73. Publishing as Coward. If any person shall, in any newspaper or handbill, written or printed, publish or proclaim any other person as a coward, or use any other opprobrious or abusive language, for not accepting a challenge to fight a duel, or for not fighting a duel, such person so offending, on conviction, shall be fined not exceeding $500, or imprisoned not exceeding three months. The publisher or printer of any such newspaper, handbill or other publication, may be summoned as a witness, and shall be required to testify against the writer of such handbill or publication; and if any such printer shall refuse to testify in relation to the premises, either before the grand or petit jury, he shall be deemed guilty of a flagrant contempt of the court, and may be punished by fine and imprisonment, or either: Provided, that the testimony given by any such witness shall, in no case, be used in any prosecution against such witness. 74. Embezzlement is Larceny. Whoever embezzles or fraudulently converts to his own use, or secretes, with intent to embezzle or fraudulently converts to his own use, money, goods or property delivered to him, which may be the subject of larceny, or any part thereof, shall be deemed guilty of larceny. ---By agent who is paid a commission on sales, 247-44. --Indictment must allege ownership clearly, 244-26. -Indictment-what must be alleged in-larceny, 81-599; 278-580. 26. -Ownership of property by association-how alleged, 244 -Fiduciary relation necessary, 278-580. -Acquittal on, is no defense to charge of forgery, 220-72. -Presumption of innocence in embezzlement, 213-114. -Employer retaining deposit required of employe-when not, 139-586. -Larceny at common law is not embezzlement, 110-627; 81599; 123-333; 273-424 (432). When evidence tends to prove, 82-425; 91-328. When not proved, 81-599; 278-580; 186-93. -Instruction on, held bad, 278-580 (589). 75. By Officers of Corporations, Etc. If any officer, agent, clerk, or servant of any incorporated company; or if a clerk, agent, servant or apprentice of any person or co-partnership, or society, embezzles or fraudulently converts to his own use, or takes and secretes with intent so to do, without the consent of his company, employer or master, any property of such company, employer, master, or another, which has come to his possession, or is under his care by virtue of such office or employment, he shall be deemed guilty of larceny. -Sufficiency of indictment-naming owners of property, 110-627. -Section construed, 273-424 (432). 76. By Banker, Bank Officer or Agent. If any banker or broker, or his agent or servant, or any officer, agent or servant of any banking company, or incoporated bank, fraudulently converts to his own use, or fraudulently takes and secretes, with intent so to do, any bullion, money, note, bill, bond, or other property belonging to and in possession of such bank, banker, broker, or banking company, or belonging to any person, and deposited therein, or therewith, he shall, whether intrusted with the custody thereof or not, be deemed guilty of larceny. -Any one of a series of misappropriations is basis for indictment, 110-627. -By insolvent banker-held not shown, 271-342. -From a partnership, 278-580. -By bankers, 288-310 (313); 173-34. -Using funds entrusted for loaning purposes is, 82-425. 77. Of Railroad Ticket. Whenever any person in the employ of any railroad company, whether such company is incorporated by this or any other state, shall fraudulently neg lect to cancel or return to the proper officer, company or agent, any coupon or other railroad ticket or pass, with the intent to permit the same to be used in fraud or injury of any such com pany, or if any person shall steal or embezzle any such coupon or other railroad ticket or pass, or shall fraudulently stamp, or print, or sign any such ticket, coupon or pass, or shall fraudulently sell or put in circulation any such ticket, coupon or pass, the person so offending shall be punished by imprisonment in the penitentiary for the term of one year. -Value of ticket need not be alleged or proved, 118-301. 78. By Commission Merchants and Others. If any warehouseman, storage, forwarding or commission merchant, or other person selling on commission, or his agent, clerk or servant, shall convert to his own use any fruit, grain, flour, beef, pork, or other property, or the proceeds or avails thereof, without the consent of the owner thereof, or shall fail to pay over the avails or proceeds thereof, less his proper charges, on demand by the person entitled to receive the same, or his duly authorizd agent, he shall be fined not exceeding $1,000, or confined in the county jail not exceeding one year, or both, and shall be liable to the person injured in double the value of the property or amount of the money so converted. -By agent selling on commission, 247-44. -Payment by void check is no defense, 74-346. 79. By Attorneys and Other Officers. If any attorney at law, justice of the peace, constable, clerk of a court, or other person authorized by law to collect money, shall fail or refuse to pay over any money collected by him, less his proper charges, on demand by the person entitled to receive the same, or his agent duly authorized, he shall be fined not exceeding double the amount retained by him, or confined in the county jail not exceeding one year, or both, and be removed from office, and thereafter he shall be ineligible to be elected or appointed to, or hold any office under the constitution or laws of this state. And if such offender is an attorney at law, he shall thereafter be forever prohibited from practicing his profession in this state. -By a clerk, 251-558; 202-473. -Held not shown-attorney, 273-424 (433). -By agent retaining collections, 247-44; 183-336; 177-563. -Constable retaining money wrongfully, violates this section, 114-320. -Of stamps by cashier, 251-185. -Indictment for, 167-447. 80. By Public Officer or His Servant. If any state, county, township, city, town, village, or other officer elected or appointed under the constitution or laws of this state, or any clerk, agent, servant or employee of any such officer, embezzles or fraudulently converts to his own use, or fraudulently takes or secretes with intent so to do, any money, bonds, mortgages, coupons, bank bills, notes, warrants, orders, funds or securities, books of record, or of accounts, or other property belonging to, or in the possession of the state or such county, township, city, town or village, or in possession of such officer by virtue of his office, he shall be imprisoned in the penitentiary not less than one nor more than fifteen years. --Embezzlement from county-not covered by indictment in general, 94-37. 81. By Public Officer in Loaning or Using Public Funds. If any state, county, township, city, town, village or other officer elected or appointed under the constitution or laws of this state, master in chancery, commissioner or other officer of any court, or any clerk, agent, servant or employee of any such officer, shall use, by way of investment or loan for his own use, except as authorized by law, with or without interest, any portion of the money, bonds, mortgages, coupons, bank bills, notes, warrants, orders or other funds or securities intrusted to him for safe keeping, disbursement, transfer or other purpose, if the sum or value of the property so used does not exceed $100, he shall be fined not exceeding $200, or confined in the county jail not exceeding three months, or both; or if the sum or value of the property so used or loaned exceeds $100, he shall be fined in double the amount so used or loaned, or confined in the county jail not exceeding one year, or both. 812. By One in Fiduciary Relation. Whoever, being the administrator of the estate of a decedent, or the executor of a last will, or guardian of any minor, conservator of any idiot, distracted person, drunkard, spendthrift or insane person, or trustee or other person acting in any fiduciary capacity, without good cause, fails or refuses, when legally required by the proper person or authority, to account for or pay over to such person or persons as may be lawfully entitled to receive the same, any money, choses in action, or other property which may have come into his hands, by virtue of his office, duty or trust, shall be deemed guilty of larceny. -Not of money accused had interest in, 273-424 (432). 82. Indictment. In prosecutions for the offense of embezzling, fraudulently converting to one's own use, or fraudulently taking or secreting with intent so to embezzle and convert the bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations, or other securities for money, of any person, bank, incorporated company or co-partnership by a cashier or other officer, clerk, agent, or servant of such person, bank, incorporated company, or co-partnership, it shall be sufficient to allege generally in the indictment an embezzlement, fraudulent conversion, or taking with such intent, of funds of such person, bank, incorporated company or co-partnership to a certain value or amount, without specifying any particulars of such embezzlement, and on the trial, evidence may be given of any such embezzlement, fraudulent conversion, or taking with such intent, and it shall be sufficient to maintain the charge in the indictment, if it is proved that any bullion, money, note, bank note, check, draft, bill of exchange, or other security for money of such person, bank, incorporated company or co-partnership, of whatever value or amount, was fraudulently embezzled, converted or taken with such intent, by such cashier or other officer, clerk, agent or servant. -Indictment must clearly allege ownership, 244-26. (See Indictment.) An Act concerning larceny and embezzlement of funds and property from fraternal beneficiary societies, etc. (1909.) From Fraternal Society. (Hurd, Ch. 38, § 82a.) § 1. That any person who is a member and officer of any fraternal beneficiary society, corporation or association, or subordinate lodge thereof, and as such member is a beneficial owner of any part of any funds or property of any such beneficiary society, cor |