BOOK II. PLEADING, PRACTICE, AND EVIDENCE IN PART I. OFFENCES AGAINST INDIVIDUALS. CHAPTER I. OFFENCES AGAINST THE PROPERTY OF INDIVIDUALS. SECT. 1. Larceny, p. 426. Piracy, p. 539. 2. Embezzlement and Fraudulent Conversion, p. 556. 4. False Pretences and Cheating, p. 593. 5. Burglary, etc., p. 620. 6. Arson, p. 647. 7. Malicious Damage, p. 664. 8. Forgery, p. 702. 9. False Personation, p. 767. SECT. 1.-LARCENY. Statutes. 14 & 15 Vict. c. 100 (Criminal Procedure Act, 1851), s. 5--How stolen instrument may be described in indictment.]—Ante, p. 74. Sect. 18--How money and bank notes may be described in indictment— Not necessary to prove particular species of coin or particular nature of bank note.]—Ante, p. 77. 24 & 25 Vict. c. 96 (Larceny Act, 1861), s. 1-Interpretation of terms— Document of title to goods.]-In the interpretation of this Act:-"the term 'document of title to goods' shall include any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as the proof of the possession or control of goods, or authorizing or purporting to authorize either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to. [This definition re-enacts 7 & 8 G. 4, c. 29, s. 23, with the additions italicized.] Document of title to lands.]-The term "document of title to lands" shall include any deed, map, paper or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title or any part of the title to any real estate, or to any interest in or out of any real estate. [This definition re-enacts 7 & 8. G. 4, c. 29, s. 23, with the additions italicized.] Trustee.]-See post, p. 583. Valuable security.]-The term "valuable security" shall include any order, Exchequer acquittance, or other security whatsoever entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, whether within the United Kingdom or in any foreign state or country, or to any deposit in any bank, and shall also include any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money or for payment of money, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, and any document of title to land or goods as hereinbefore defined. [This definition re-enacts 7 & 8 G. 4, c. 29, s. 5, with the additions italicized. As to postal orders, see 43 & 44 Vict. c. 33, s. 4, sub-s. 4, post, p. 432. "Valuable security" has been held to include a transfer of shares in a limited liability company. R. v. Smith, 62 J. P. 231.] Property.]-The term "property" shall include every description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and shall also include, not only such property as shall have been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. [This definition re-enacts 20 & 21 Vict. c. 54, s. 17, with the modifications italicized.] Night.]-See post, p. 620. Sect. 2-Distinction between grand and petty larceny abolished.]—Every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand larceny was before the 21st day of June, 1827; and every court, whose power as to the trial of larceny was before that time limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try accessories to such larceny. [This section re-enacts 7 & 8 G. 4, c. 29, s. 2, passed on June 21, 1827.] Sect. 3-Larceny by bailees.]—Whosoever, being a bailee of any chattel, money, or valuable security, shall fraudulently take or convert the same to his own use, or the use of any person other than the owner thereof, although he shall not break bulk or otherwise determine the bailment, shall be guilty of larceny, and may be convicted thereof upon an indictment for larceny; but this section shall not extend to any offence punishable on summary conviction. [This section re-enacts 20 & 21 Vict. c. 54, s. 4, with the additions italicized. As to larceny by partners or joint owners of the partnership or joint property, see 31 & 32 Vict. c. 116, s. 1 (post, p. 432). As to larceny by servants, see post, p. 464. As to larceny by tenants and lodgers, see post, p. 516. As to fraudulent misappropriation by agents, bankers, or factors, see 24 & 25 Vict. c. 96, ss. 77-79 (post, p. 576): by trustees, s. 80 (post, p. 583): by directors, etc., of public companies, ss. 81-84 (post, p. 585). As to fraudulent conversion of property by persons intrusted with the same since December 31, 1901, see 1 Edw. 7, c. 10 (post, p. 575). Sect. 4-Punishment for simple larceny.]—Whosoever shall be convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable, at the discretion of the court, to be kept in penal servitude . . . or to be imprisoned . . . and, if a male under the age of sixteen years, with or without whipping. [This section is taken from 7 & 8 G. 4, c. 29, ss. 3, 4, & 12 & 13 Vict. c. 11, s. 1.] Sect. 5-Several counts for different larcenies.]—It shall be lawful to insert several counts in the same indictment against the same person for any number of distinct acts of stealing, not exceeding three, which may have been committed by him against the same person within the space of six months from the first to the last of such acts, and to proceed thereon for all or any of them. [This section re-enacts 14 & 15 Vict. c. 100, s. 16. It does not extend to indictments for receiving only, though under s. 92 (post, p. 5146), a count for receiving may be added to each of the three larceny counts.] Sect. 6-Election.]-If, upon the trial of any indictment for larceny, it shall appear that the property alleged in such indictment to have been stolen at one time was taken at different times, the prosecutor shall not by reason thereof be required to elect upon which taking he will proceed, unless it shall appear that there were more than three takings, or that more than the space of six months elapsed between the first and the last of such takings; and in either of such last-mentioned cases the prosecutor shall be required to elect to proceed for such number of takings, not exceeding three, as appear to have taken place within the period of six months from the first to the last of such takings. [This section re-enacts 14 & 15 Vict. c. 100, s. 17.] Sect. 7-Larceny after previous conviction for felony.]-Whosoever shall commit the offence of simple larceny after a previous conviction for felony, whether such conviction shall have taken place upon an indictment, or under the provisions of the Act passed in the session held in the eighteenth and nineteenth years of Queen Victoria, chapter one hundred and twenty-six, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years. . . or to be imprisoned . . . and, if a male under the age of sixteen years, with or without whipping. [This section re-enacts 7 & 8 G. 4, c. 28, s. 11, with the additions in italics. 18 & 19 Vict. c. 126 is repealed as to England and Wales, and replaced by 42 & 43 Vict. c. 49.] Sect. 8-Larceny after conviction of an indictable misdemeanor under this Act.]-Whosoever shall commit the offence of simple larceny, or any offence hereby made punishable like simple larceny, after having been previously convicted of any indictable misdemeanor punishable under this Act, shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years .. or to be imprisoned . . . and, if a male under the age of sixteen years, with or without whipping. [This section was new law in 1861.] Sect. 9--Larceny after two summary convictions.]-Whosoever shall commit the offence of simple larceny, or any offence hereby made punishable like simple larceny, after having been twice summarily convicted of any of the offences punishable upon summary conviction, under the provisions contained in [7 & 8 G. 4, c. 29: 7 & 8 G. 4, c. 30: 9 G. 4, c. 55: 9 G. 4, c. 56: 10 & 11 Vict. c. 82: 11 & 12 Vict. c. 59:] 14 & 15 Vict. c. 92, ss. [3, 4, 5], 6, or in this Act or in the Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), (whether each of the convictions shall be in respect of an offence of the same description or not . . . ), shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding seven years or to be imprisoned . . . and, if a male under the age of sixteen years, with or without whipping. [This section was framed from 12 & 13 Vict. c. 11, s. 3. The enactments included in square brackets are repealed, and as to summary convictions are replaced by 42 & 43 Vict. c. 49, as to England and Wales.] ... Sect. 72-No acquittal of larceny if embezzlement proved.]—Post, tit. “Embezzlement," p. 557. Sects. 88-90-Obtaining, etc., by false pretences.]—See post, pp. 593, 594. Sects. 91-96-Receiving goods stolen, etc.]— See post, p. 546. Sect. 100-Restitution of stolen goods on conviction of offender.]—See ante, p. 265. Sect. 103-Apprehension of offenders.]-Any person found committing any offence punishable, either upon indictment or upon summary conviction, by virtue of this Act, except only the offence of angling in the daytime, may be immediately apprehended without a warrant by any person, and forthwith taken, together with such property, if any, before some neighbouring justice of the peace to be dealt with according to law; and if any credible witness shall prove upon oath before a justice of the peace a reasonable cause to suspect that any person has in his possession or on his premises any property whatsoever on or with respect to which any offence, punishable either upon indictment or upon summary conviction by virtue of this Act, shall have been committed, the justice may grant a warrant to search for such property as in the case of stolen goods: and any person to whom any property shall be offered to be sold, pawned, or delivered, if he shall have reasonable cause to suspect that any such offence has been committed on or with respect to such property, is hereby authorized, and, if in his power, is required to apprehend and forthwith to take before a justice of the peace the party offering the same, together with such property, to be dealt with according to law. [This section is taken from 7 & 8 G. 4, c. 29, s. 63, with the alteration italicized.] Sect. 104-Apprehension by peace officer for certain offences.]-Any constable or peace officer may take into custody, without warrant, any person whom he shall find lying or loitering in any highway, yard, or other place, during the night, and whom he shall have good cause to suspect of having committed, or being about to commit, any felony against this Act, and shall take such person, as soon as reasonably may be, before a justice of the peace, to be dealt with according to law. [This section was new law in 1861.] Sect. 109-Summary conviction a bar to other proceedings.]—In case any person convicted of any offence punishable upon summary conviction by virtue of this Act shall be paid the sum adjudged to be paid, together with costs, under such conviction, or shall have received a remission thereof from the crown, or from the lord-lieutenant in Ireland (see 52 & 53 Vict. c. 63, s. 12, sub-s. 9), or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been so discharged from his conviction by any justice as aforesaid, in every such case he shall be released from all further or other proceedings for the same cause. [This section reenacts 7 & 8 G. 4, c. 29, s. 70. As to its effect, see ante, p. 174.] Sect. 114-Provisions_as_ to receiving, etc., goods stolen in other parts of the United Kingdom. -If any person shall have in his possession in any one part of the United Kingdom any chattel, money, valuable security, or other property whatsoever, which he shall have stolen or otherwise feloniously taken in any other part of the United Kingdom, he may be dealt with, indicted, tried, and punished for larceny or theft in that part of the United Kingdom where he shall so have such property, in the same manner as if he had actually stolen or taken it in that part; and if any person in any one part of the United Kingdom shall receive or have any chattel, money, valuable security, or other property whatsoever which shall have been stolen or otherwise feloniously taken in any other part of the United Kingdom, such person knowing such property to have been stolen or otherwise feloniously taken, he may be dealt with, indicted, tried, and punished for such offence in that part of the United Kingdom where he shall so receive or have such property, in the same manner as if it had been originally stolen or taken in that part. [This section reenacts 7 & 8 G. 4, c. 29, s. 76. As to Venue, see ante, pp. 48, 49.] Sect. 115--Offences committed within jurisdiction of Admiralty.]—All indictable offences mentioned in this Act which shall be committed within the jurisdiction of the Admiralty of England or Ireland shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land in England or Ireland, and may be dealt with, inquired of, tried, and determined in any county or place in which the offender shall be apprehended or be in custody; and in any indictment for any such offence or for being an accessory to any such offence the venue in the margin shall be the same as if the offence had been committed in such county or place, and the offence itself shall be averred to have been committed " on the high seas;" Provided, that nothing herein contained shall alter or affect any of the laws relating to the government of his Majesty's land or naval forces. [This section was framed from, 7 & 8 G. 4, c. 29, s. 77. As to Admiralty jurisdiction, see ante, pp. 39-43.] Sect. 116-Indictment for offences committed after previous convictions.]— In any indictment for any offence punishable under this Act, and committed after a previous conviction or convictions for any felony, |