Imatges de pàgina
PDF
EPUB

monies, it is not sufficient to charge that the prisoner stole a certain sum in monies numbered, but it is necessary to specify some pieces of money, with which the evidence shall correspond. (b) But in indictments for stealing notes and other securities for the payment of money, they may be described in a general manner, as "divers, to wit, nine bank notes for the payment of divers sums of money, amounting in the whole to the sum of 97."-and need not be set out or further individually particularized on the record. (c) It is proper to state the goods stolen to be of some specific value; but the correspondence of the proof with the charge in this respect is wholly immaterial.

2. The statement of the persons whose property the goods Statement of were at the time of the stealing.-The goods must be stated ownership in to be the goods and chattels of some person who has goods stolen. either an absolute or a special property in them, unless the owner be unknown; and if such party be mistaken or misnamed, the prisoner will be entitled to an acquittal. (d) If the owner be unknown, they may be laid as "the goods of a person to the jurors unknown;" but if the name of the owner appear in evidence at the trial, such an indictment cannot be supported. (e) But goods may be laid as the goods of any person who had a special property in them at the time of the theft, as in a carrier to whom they were entrusted for conveyance; a pawnee with whom they were left in pledge; a laundress who received them to wash them; or in the agister of cattle; (f) but not in a mere servant, nor ever in a married woman, who in law has no property in chattels. (g) Clothes and necessaries provided for children under age may be laid either as the property of the children, or of the father who provided them; but if the clothes be furnished by the father in pursuance of indentures of apprenticeship, by which his son is bound to him, they must be laid to belong to the son. (h) As there is no property in a dead body, it is not larceny to remove it from the grave; but it is larceny to take the shroud or coffin, which, in such case, should be stated as the property of the personal representatives of the deceased. (i) At common law, where

[blocks in formation]

goods were the property of partners, trustees, or a public body, it was necessary to state all the parties so interested correctly; but this was rendered unnecessary in various cases by several statutes, the provisions of which have been consolidated and extended by 7 Geo. 4. c. 64. s. 14, 15, 16, 17, 18. the substance of which will be found in a former section. (j)

3. The statement of the offence.-The words which designate the offence are "feloniously did steal, take, and carry away;" but where cattle are stolen, the words lead or drive may be substituted for carry. Where the prisoner has unlawfully milked a cow, and taken away the milk (which if done with intent to steal is larceny), the following description of the offence may be used:

Form of indictunlawfully did enter a certain inclosed field, situate in the pament for milking rish aforesaid, in the county aforesaid, belonging to one C. D. and a cow and steal- then and there unlawfully and injuriously did milk a certain cow, ing the milk. of and belonging to the said C. D. being in the said inclosed field of him the said C. D. with intent then and there feloniously to steal, take, and carry away the milk thereof, and that he the said A. B. did then and there unlawfully draw and extract four quarts of milk of the value of eight pence, from and out of the said cow, and the said four quarts of milk so drawn and extracted as aforesaid, of the goods and chattels of the said C. D. he the said A. B. then and there feloniously did steal, take, and carry away, against the peace, &c.

Second count.

Form of indict

A second count may be added, simply charging that, A. B. four quarts of milk, of the value, &c. of the goods and chattels of C. D. there then found and being, feloniously did steal, take, and carry away.

The following form of indictment for stealing goods, ment for stealing the owner of some being known, and the owner of others owner of some unknown, may be readily adapted to either occasion.

goods, the

being known, and of others unknown.

Punishment of

one pair of snuffers of the value of five pence, of the goods and chattels of C. D. and two plated tea spoons of the value of six pence, of the goods and chattels of some person or persons to the jurors aforesaid unknown, there being found, feloniously did steal, take, and carry away, against the peace, &c.

Punishment of simple larceny.-By 7 and 8 Geo. 4. simple larceny. c. 29. s. 3. it is enacted, "that every person convicted of simple larceny, or of any felony thereby made punishable like simple larceny, shall (except in the cases thereinafter otherwise provided for) 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 exceed

(j) Ante, p. 112.

ing 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 the fourth section of the same act, the Court, whenever they sentence a party convicted under it to imprisonment, are empowered to direct the offender to be kept to hard labour or in solitary confinement, for the whole or any part of the term they may prescribe in their dis

cretion.

§3. OF LARCENY OF PUBLIC OR PRIVATE SECURITIES.

At common law the stealing of securities which had no Larceny of secu intrinsic value was no larceny, at all events, none beyond rities. the value of the paper on which they were written. Since their protection became of great importance, in consequence of the introduction of bills and paper currency, they have been protected by several statutes. These have been consolidated and extended by 7 and 8 Geo. 4. c. 29.

c. 29. s. 5.

s. 5. which enacts," That if any person shall steal any Provision of 7 tally, order, or other security whatsoever, entitling or and 8 Geo. 4. evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of this kingdom, or 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, or shall steal any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever, for money, or for the payment of money, whether of this kingdom or of any foreign state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature and in the same degree, and punishable in the same manner, as if he had stolen any chattel of the like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or secured thereby, and remaining unsatisfied, or with the value of the goods or other valuable thing mentioned in the warrant or order; and each of these several documents herein-before enumerated, shall throughout this act be deemed for every purpose to be included under, and denoted by, the words valuable security."

The following is the

Form of an indictment for stealing securities.

That A. B. (describing him,) on &c. with force and arms at, &c. aforesaid, feloniously did steal, take, and carry away one bill of

Form of indictment for stealing securities.

Points relative

to indictment.

Punishment.

exchange for the payment of fifty pounds, and of the value of fifty pounds, one promissory note for the payment of fifty pounds, and of the value of fifty pounds, and divers, to wit, nine notes of the governor and company of the Bank of England, for the payment of divers sums of money, in the whole amounting to the sum of one hundred pounds, and of the value of one hundred pounds, the said bill of exchange, promissory note, and notes of the governor and company of the Bank of England, at the time of the committing the felony aforesaid, being the property of C. D. and the said several sums of money payable and secured by aud upon the same respectively, being then and there due and unsatisfied to the said C. D., the proprietor thereof, against the form of the statute in such case made and provided, and against the peace, &c.

Points relative to indictment.-It was held on the statutes in force before this act, that it was not necessary, in an indictment for stealing written instruments, to set them out as in an indictment for forgery; but that it was sufficient to bring them within the description of the statute,(k) and the same rule will apply to the present more extended provision. It seems that notes, bills, and other securities, ought not to be described as goods and chattels, but as the property of the prosecutor; where, however, they were laid to be "the property and chattels of C. D.," the word chattels was rejected as surplusage, and the indictment sustained. (1) An unnecessarily minute description of an instrument may, however, be fatal; as where an indictment for stealing a bank note alleged it to be "signed for the governor and company of the Bank of England, by J. Booth," and no evidence of Booth's signature was given, the judges held the prisoner entitled to an acquittal; (m) and therefore it is best to describe it as simply as possible. Where there is any doubt of the genuineness or validity of an instrument stolen, it is right to add a count, charging the prisoner with stealing the paper and the stamps, on which it seems he may be convicted. (")

Punishment. The punishment for stealing securities is the same with that of larceny at common law; transportation for seven years, or imprisonment not exceeding two years, with hard labour, solitary confinement, or whipping, at the discretion of the court.

(k) The King v. Johnson, 3 M. and S. 539.

(1) The King v. Sadi and Morris, 2 East, P. C. p. 601.
(m) The King v. Craven, Russ. and Ry. 110.
(n) The King v. Aslett, 2 Leach, 958.

§4. OF STEALING AND SEVERING MINERALS, AND RIPPING, CUTTING, OR BREAKING ARTICLES FIXED TO BUILDINGS AND IN PUBLIC PLACES.

ORE remaining in its bed, and articles affixed to buildings, are not the subjects of larceny at common law while so affixed; and, therefore, their severance and removal by a single act did not constitute felony. Several statutes were passed to protect particular things, especially lead, in this condition; but these have been superseded by the comprehensive provisions of 7 and 8 Geo. 4. c. 29.

Stealing things

affixed to build

ings, &c.

c. 29. s. 37.

As to minerals, the 37th section of this statute enacts, Minerals, by "That if any person shall steal, or sever with intent to 7 and 8 Geo. 4. steal, the ore of any metal, or any lapis calaminaris, manganese, or mundick, or any wad, black cawke, or black lead, or any coal, or cannel coal, from any mine, bed, or vein thereof respectively, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny."

As to glass, metal, &c. the 44th section enacts, "That Glass, metal, if any person shall steal, or rip, cut, or break, with intent to &c. affixed to buildings, by steal, any glass or wood-work belonging to any building 7 and 8 Geo. 4. whatsoever, or any lead, iron, copper, brass, or other c.29. s. 44. metal, or any utensil or fixture, whether made of metal, or other material, respectively fixed in or to any building whatsoever, or any thing made of metal fixed in any land being private property, or for a fence to any dwellinghouse, garden, or area, or in any square, street, or other place dedicated to public use or ornament, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; and in case of any such thing fixed in any square, street, or other like place, it shall not be necessary to allege the same to be the property of any person.

Form of indictment under section 37 for stealing minerals from a mine. Form of indictment for stealing

That A. B. (describing him) on, &c. with force of arms, at, &c. minerals from fifty pounds weight of copper ore (as the fact may be, taking care to mines. bring the case within one of the descriptions of the clause) of the value of twenty shillings, the property of C. D. in a certain mine of copper ore, (or "black-lead, coal," &c.) of the said C. D. there situate, then and there being found, then and there from the said mine feloniously did steal, take, and carry away, against the form of the statute, &c. and against the peace, &c.

« AnteriorContinua »