Under the instructions given them, the jury must have found that the defendant was an agent within the

statute, and embezzled his employer’s money. The notes given by him appear to have been given to answer the purpose of receipts, and not for the purpose of transferring to him any property in the notes received by him, or the money received by him on the sale of the notes. Commonwealth v. Stearns, 2 Met. 343 Commonwealth v. Libbey, 11 Met. 64.

Exceptions overruled.