By 7 & 8 Geo. IV. c. 29, ss. 61 and 4, every accessary after the fact to this offence is liable to imprisonment for any term not exceeding two years, with or without hard labour, in the common gaol or house of correction, and also to solitary confinement, at discretion of the court, for the whole or any portion or portions of such imprisonment. The provision of the 13th sect. (v. sup. 163,) applies to this offence.

6. Breaking and Entering a detached Building within the Curtilage and Stealing therein.

By 7 & 8 Geo. IV. c. 29, s. 14, "if any person shall “break and enter any building and steal therein any

66

chattel, money or valuable security," (see " valuable security" defined, post, 168,)" such building being within "the curtilage of a dwelling-house and occupied therewith, "but not being part thereof according to the provision "hereinbefore mentioned" (viz. in the 13th sect., vide sup. 163), every such offender, being convicted thereof, either upon an indictment for the same offence or upon an indictment for burglary, house-breaking, or stealing to the value of £5 in a dwelling-house, containing a separate count for such offence, 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.

By sect. 4 the imprisonment may be with or without hard labour, in the common gaol or house of correction, and also with solitary confinement, at the discretion of the court, for the whole or any portion or portions of such imprisonment.

CHAPTER XV.

OF LARCENY AND OTHER OFFENCES AGAINST PROPERTY.

LARCENY (or theft) comprises both simple larceny, and larceny with aggravation, such as robbery, &c.-4 Bl. C. 229.

1. Simple Larceny.

Simple larceny consists in the taking and carrying away of the personal goods of another with intent to deprive the owner of them.

It is a felony at common law.-4 Bl. C. 237.

There must be a taking; and therefore where the possession is not changed, as if a wife carry away the goods of the husband, or a joint tenant or tenant in common of a chattel carry it away from his co-tenant, there is no larceny.-1 Hale, 513.

But the taking may be either actual or constructive.— Arch. 168.

Actual taking is where they are taken out of the owner's possession against his will or without his consent.-Ibid. 169.

Constructive taking is a taking upon a delivery of the owner, but where he has so delivered them as not to divest himself of the legal possession, or where the delivery is obtained from him by fraud and with intent to steal.—Ibid.

If the delivery by the owner is under such circumstances that the possession in law remains in him, as where he delivers to his servant to take care of the goods, and the servant embezzles them, this is larceny.-1 Hale, 506.

But a servant embezzling goods is not guilty of larceny if the goods had never been in the master's possession, but

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

66

66

❝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