were delivered to the servant for the master's use.-2 East, P. C. 568; Arch. 177.

And there is a distinction between a mere servant and an agent for a particular purpose. Thus, if a weaver deliver yarn to be wrought by his journeymen in his house, and they carry it away and convert it to their own use, it is larceny; but if it is delivered to be wrought out of the house, there is no larceny, for the journeymen in the latter case are not properly servants but bailees.-2 East, P. C. 682; Arch. 177.

If a delivery by the owner was obtained animo furandi, as if a man hire a postchaise with intent to convert it to his own use, and never returns it, it is larceny.-1 Leach, 420; Arch. 173.

But if the possession was obtained bonâ fide in the first instance, and without intention to steal, a subsequent conversion is no larceny; as if A. bona fide hire a horse for a particular purpose, and after the purpose is accomplished, sell the horse.-R. & R. 441; Arch. 175.

There must not only be a taking, but a carrying away. Therefore where the attempt to remove goods fails in consequence of their being attached by a string to the counter or the like, it is not larceny.-1 Hale, 508; 2 East, P. C. 556; Arch. 179.

But a bare removal of the goods without making off with them, is sufficient to constitute a carrying away.Hale, ibid; 4 Bl. C. 231; Arch. 178.

The taking and carrying away must be with intent to deprive the owner. Therefore if the taking be by mistake, or under a claim of right, or with intent to return the goods to the owner, it is no larceny.-1 Hale, 506; Arch.

167.

But where there was originally an intention of depriving the owner of the goods, returning them will not purge the offence.-Arch. 167.

None but personal goods are the subject of larceny at common law.-1 Hale, 509.

Therefore there can be no larceny at common law of

things attached to the freehold, nor bonds, bills, &c. or other choses in action.-Ibid. 510; 8 Rep. 33.

So larceny cannot be committed at common law of things not the subject of property, as a corpse, or beasts feræ naturæ and unreclaimed.-1 Hale, 511; Arch. 161.

And such animals as are not valuable in contemplation of law, but kept for mere whim and pleasure, as dogs, &c., are not the subject of larceny at common law.-1 Hale, 512.

(But see post, in this chapter, statutory provisions as to stealing in various cases where there was no larceny at common law.)

By 7 & 8 Geo. IV. c. 29, s. 3, every person convicted of simple larceny shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

By sect. 61, every accessary before the fact is liable to the same punishment as the principal, and every accessary after the fact to imprisonment not exceeding two years.

By sect. 4, the imprisonment may be with or without hard labour in the common gaol or house of correction, and the offender may be also kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet.

2. Stealing Valuable Securities.

By 7 & 8 Geo. IV. c. 29, s. 5, the stealing of documents. of certain descriptions enumerated in the act, and denoted therein as "valuable securities," is made felony of the same nature and in the same degree, and punishable in the same manner as if the offender had stolen any chattel of like value with the money or value to which the security relates. These "valuable securities" are as follows: "any tally, "order, or other security whatsoever, intitling or evidenc"ing the title of any person or body corporate to any share

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"or interest in any public stock or fund, whether of this "kingdom of Great Britain or of Ireland, or of any foreign "state, or in any fund of any body corporate, company or society, or to any deposit in any savings bank; any de"benture, deed, bond, bill, note, warrant, order, or other "security whatsoever, for money or for payment of money, "whether of this kingdom or of any foreign state; or any "warrant or order for the delivery or transfer of any goods "or valuable thing."

By 52 Geo. III. c. 143, it is felony, without benefit of clergy, for any person employed in the Post Office to secrete letters containing such securities for money as in the act mentioned.

And see 5 Geo. IV. c. 20, as to secreting any printed papers sent by post.

3. Robbery.

This offence consists in the forcible taking, from the person of another, of goods or money to any value, by violence or putting him in fear.-4 Bl. C. 242; 1 Hawk. c. 34, s. 3. It is a felony at common law.

There must be a taking, otherwise it is no robbery.—4 Bl. C. 242.

But the taking may be either strictly from the person or in the presence only of the party robbed; as were a man is put in fear, and his cattle is driven away before his face.— 1 Hawk. c. 34, s. 8.

There must either be violence or putting in fear.-4 Bl. C. 243.

And if a thing be snatched which was so attached to the person as to imply force in the taking (as where an ear was torn by pulling off an ear-ring), this is robbery, though there be no threat or further violence.-Russ. & Ry. 419.

But in general a mere sudden snatching, without struggle or injury to the person, does not amount to robbery.— Arch. 215.

The taking must not only be by violence or putting in

fear, but the violence or putting in fear must be previous to the taking; for if there be first a stealing, and then a keeping of the thing stolen by putting the owner in fear, this is no robbery.-4 Bl. C. 243.

To constitute robbery, the goods taken must be such as may be the subject of larceny.-Arch. 217.

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By 7 & 8 Geo. IV. c. 29, s. 6, "if any person shall rob "any other person of any chattel, money or valuable security," (see "valuable security" defined, sup. 168,) every such offender, being convicted thereof, shall suffer death as a felon.

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By 7 & 8 Geo. IV. c. 29, s. 7, "if any person shall accuse or threaten to accuse any other person of any in"famous crime as hereinafter defined" (see the definition, sup. 72)," with a view or intent to extort or gain from him, "and shall, by intimidating him by such accusation or "threat, extort or gain from him any chattel, money, or "valuable security," every such offender shall be deemed guilty of robbery, and punished accordingly.

The provisions of sect. 61 as to accessaries before and after the fact, and of sect. 4, as to the place and mode of imprisonment, (vide sup. 168,) apply to both the above

offences.

By 7 Geo. III. c. 50, and 52 Geo. III. c. 143, s. 3, it is felony, without benefit of clergy, to rob mails or steal letters from the Post Office, &c.

"shall

4. Assault, with intent to Rob. By 7 & 8 Geo. IV. c. 29, s. 6, if any person "assault any other person with intent to rob him," every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

The provisions of sect. 61, as to accessaries before and after the fact, and of sect. 4, as to the place and mode of imprisonment, (vide sup. 168,) apply to this offence.

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5. Forcibly demanding Property, with intent to Steal. By 7 & 8 Geo. IV. c. 29, s. 6, if any person "shall with menaces or by force demand any chattel, money, or valu"able security" (see "valuable security" defined, sup. 168,) "of any other person, with intent to steal the same," every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

The provisions of sect. 61 as to accessaries before and after the fact, and of sect. 4 as to the place and mode of imprisonment, (vide sup. 168,) apply to this offence.

6. Sending Threatening Letters or accusing with intent to extort Property.

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By 7 & 8 Geo. IV. c. 29, s. 8, "if any person shall knowingly send or deliver any letter or writing demanding of any person with menaces, and without any reason"able or probable cause, any chattel, money or valuable "security" (see "valuable security" defined, sup. 168), “ or "if any person shall accuse or threaten to accuse, or shall "knowingly send or deliver any letter or writing accusing "or threatening to accuse any person of any crime punish"able by law with death, transportation or pillory; or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape; or of any "infamous crime as hereinafter defined" (see the definition, sup. 72), "with a view or intent to extort or gain from such person any chattel, money or valuable security;" every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned for any term

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