Reference to Act. Title of Act. Extent of Repeal. done in pursuance of any of the acts of this session for consolidating and amending the statute law of England and Ireland relating to larceny, malicious injuries and coin. 16 & 17 Vict. c. 132.-An act to extend the provisions of an act of the present session for redeeming or commuting the annuity payable to the South Sea Company and certain annuities of three pounds per centum per annum, and to provide for payments to be made under the said act. Sects. 10 and 11. 17 & 18 Vict. c. 33.-An act to place public statues within the metropolitan police district under the control of the commissioners of her majesty's works and public buildings. Sect. 6. 20 & 21 Vict. c. 54.-An act to make better provision for the punishment of frauds committed by trustees, bankers and other persons intrusted with property The whole. 21 & 22 Vict. c. 3.-An act for enabling the East India Company to raise money in the United Kingdom for the service of the government of India Sect. 10. 21 & 22 Vict. c. 47.-An act to amend the law of false pretences. The whole. 21 & 22 Vict. c. 79.- An act to amend the law relating to cheques or 21 & 22 Vict. c. 106.-An act for the better government of India. Sect. 50. 22 Vict. c. 11.—An act to enable the Secretary of State in Council of India to raise money in the United Kingdom for the service of the government of India Sect. 10. 22 & 23 Vict. c. 32.-An act to amend the law concerning the police in counties and boroughs in England and Wales. Sect. 25. 22 & 23 Vict. c. 39.--An act to enable the Secretary of State in Council of India to raise money in the United Kingdom for the service of the government of India Sect. 13. 23 & 24 Vict. c. 8.-An act to amend the law relating to the unlawful administering of poison The whole. 23 & 24 Vict. c. 29.-An act to amend an act relative to malicious injuries to property The whole. 23 & 24 Vict. c. 130.-An act to enable the Secretary of State in Council of India to raise money in the United Kingdom for the service of the government of India Sect. 13. Interpretation of terms: "Document of title to goods:" "Document of title to lands :" 24 & 25 VICT. CAP. 96. An Act to consolidate and amend the Statute Law of England and Ireland relating to Larceny and other similar Offences. [6th August, 1861.] Whereas it is expedient to consolidate and amend the statute law of England and Ireland relating to larceny and other similar offences: Be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, as follows: 1. 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 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 :] [The term "document of title to lands" shall in clude 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 The term "trustee" shall mean a trustee on "Trustee :" vency : security :" The term "valuable security" shall include any "Valuable 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 (a),] 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 lands or goods as hereinbefore defined :] The term "property" shall include every de- "Property:" (a) Inserted, probably, in reference to a doubt expressed in Reg. v. Smith, 25 L. J. (N. S.) M. C. 31; C. S. Dears. C. C. 561. "Night." All larcenies o be of the ame na ure (a). scription 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 :] For the purposes of this act, the night shall be deemed to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day. The interpretation of the term "document of title to goods," is, with the exception of the words in brackets, taken from the 5 & 6 Vict. c. 39, to amend the law relating to advances bonâ fide made to agents entrusted with goods, sect. 6 of which is repealed by the 24 & 25 Vict. c. 95. The interpretation of "trustee" and "property" is, with the exception of the words in brackets, framed on the Fraudulent Trustee Act, 20 & 21 Vict. c. 54, s. 17, the whole of which act is repealed by the 24 & 25 Vict. c. 95. The term "valuable security" follows, with the exception of the words in brackets, the definition given by the 7 & 8 Geo. 4, c. 29, s. 5, and the Irish Act, 9 Geo. 4, c. 55, s. 5. It may be observed that bank notes may, in all indictments, be described as money, 14 & 15 Vict. c. 100, s. 18 (unrepealed), and see Reg. v. West, 26 L. J. (N. S.) M. C. 6; S. C. 1 Dears. & Bell, C. C. 109. The duration of "night" follows the words of the now repealed act, 7 Will. 4 & 1 Vict. c. 86. See the note to sect. 52, post. 2. 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 (a) The marginal note, it is obvious, is imperfect. in all respects as grand larceny was before the twenty-first day of June, one thousand eight hundred and twenty-seven; 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 all accessories to such larceny. This follows the language of the 7 & 8 Geo. 4, c. 29, s. 2, and of the corresponding Irish Act, 9 Geo. 4, c. 55, s. 2. The date 21st June, 1827, is the date of the commencement of the act 7 & 8 Geo. 4, c. 29, by which the distinction between grand and petty larceny was abolished in England. "Grand larceny " was the stealing of property above the value of twelve pence, and petty larceny, of property not exceeding that value. The punishment of grand larceny at common law was death, of petty larceny, imprisonment or whipping, but they were both made punishable by transportation by the 4 Geo. 1, c. 11. It is to be regretted that the distinction having so long ceased, it was thought necessary to involve the definition of larceny, with an express reference to the incidents of grand larceny, and compel at the present day an inquiry into its incidents at a distant period. The chief incident is forfeiture on conviction, in common with other felonies. Some of the incidents of forfeiture, however, have been modified since 1827, and there is no forfeiture on convictions for larceny, under the Juvenile Offenders or Summary Jurisdiction Acts, 10 & 11 Vict. c. 82, s. 12, and 18 & 19 Vict. c. 126, s. 11. Larcenies are now distinguished as simple or compound, the latter comprising larcenies accompanied by aggravating circumstances, as for example, larceny from the person, or larceny after a previous conviction for felony. Offences within this section are triable at quarter sessions. This provision does not, of course, interfere with the summary jurisdiction of justices under the Juvenile Offenders Acts, 10 & 11 Vict. c. 82, 13 & 14 Vict. c. 37, and the Summary Jurisdiction in Larceny Acts, 18 & 19 Vict. c. 126, and 19 & 20 Vict. c. 118. 3. 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 Bailees frauverting property guilty of larceny. dulently con |