Section 38. Whoever, being engaged in the business of transporting merchandise, parcels or other property for hire, accepts from a consignor or his agent or from a connecting carrier any merchandise, parcel or other property for delivery to a consignee upon payment by the consignee of an amount of money for said merchandise, parcel or other property, and embezzles or fraudulently converts to his own use, or with intent to use or embezzle, takes, secretes or otherwise disposes of, or fraudulently withholds, appropriates, lends, invests or otherwise uses or applies such money in whole or in part or any substitute therefor received by him from such consignee, contrary to the instructions or without the consent of the consignor, shall be deemed guilty of larceny. A member or employee of a co-partnership, or an officer or employee of a corporation, engaged in said business of transporting merchandise, parcels or other property for hire who so disposes of such money in whole or in part or any substitute therefor for his own use or for the use of said co-partnership or corporation, contrary to the instructions or without the consent of the consignor, shall be guilty of larceny.
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