to steal goods in a dwelling-house, out the use of any actual violence, it is not necessary to specify any particular article or articles. A general allegation of an attempt to steal "goods and chattels" is sufficient. Reg. v. Johnson, 10 Jur., N. S. 1160; 34 L. J., M. C. 24; 13 W. R. 101; L. & C. 489. 66 With Menaces.]-By 24 & 25 Vict. c. 96, s. 61, "whosoever shall "steal any chattel, money or valu"able security in any dwelling"house, and shall by any menace or "threat put any one being therein "in bodily fear, shall be guilty of felony, and, being convicted there"of, shall be liable, at the discretion "of the court, to be kept in penal "servitude for any term not exceed"ing fourteen years, and not less "than five years (27 & 28 Vict. c. "47), or to be imprisoned for any term not exceeding two years, "with or without hard labour, and "with or without solitary confine"ment." (Former provision, 7 Will. 4 & 1 Vict. c. 86, s. 5.) An indictment for stealing in the dwelling-house, persons being therein and put in fear, must state that the persons were put in fear by the prisoners. Rex v. Etherington, 2 Leach, C. C. 671; 2 East, P. C. 635. In order to constitute the offence of stealing in a dwelling-house, and by menaces and threats putting persons being therein in bodily fear, it is not necessary that all the persons engaged in the crime should be actually in the house; and if one remains outside, he may be equally guilty of using menaces and threats, if there was a common purpose to inspire terror. Reg. v. Murphy, 6 Cox, C. C. 340-Williams. A threat to a person outside the house is not within the words of the statute, but it is a circumstance from which the jury may infer the line of conduct inside the house. Ib. The act of placing persons with their faces against a wall, and desiring them not to look round, with is evidence of an intention to obtain money by threats, and the bodily fear may be inferred, although the persons so treated may deny that such acts created alarm or fear. Ib. 5. From the Person. If a person with menaces demanded a sum of money of another, and that the other did not give it to him because he had it not with him, this was a felony within 7 & 8 Geo. 4, c. 29, s. 6; but if the person demanding the money knew that the money was not then in the possession of the party, and only intended to obtain an order for the payment of it, it was otherwise. Rex v. Edwards, 6 C. & P. 515-Patteson. To constitute a stealing from the person, the thing must be completely removed from the person; removal from the place where it was, if it remains throughout with the person, is not sufficient. Rex v. Thompson, 1 M. C. C. 78. But such removal would be sufficient to constitute a simple larceny. Ib. A watch was carried in a waistcoat pocket, with a chain attached passing through a button-hole of the waistcoat, being there secured by a watch-key. The prisoner took the watch out of the pocket and by force drew the chain out of the button-hole, but the watch-key having been caught by a button of the waistcoat, the watch and chain remained suspended-Held, a sufficient severance to maintain a conviction for stealing from the person. Reg. v. Simpson, Dears. C. C. 421; 3 C. L. R. 80; 18 Jur. 1030; 24 L. J., M. C. 7; 6 Cox, C. C. 422. On a trial for robbery and stealing from the person, it was proved that the prosecutor, who was paralysed, received, whilst sitting on a sofa in his room, a violent blow on the head from one of the prisoners, whilst the other went to a cupboard in the same room and stole therefrom a cash-box-Held, that it was a question for the jury whether the cash-box was at the time under the protection of the prosecutor. If so, the charge of stealing from the person would be sustained. Reg. v. Selway, 8 Cox, C. C. 235 -Chambers, C. S. 6. By Tenants or Lodgers. By 24 & 25 Vict. c. 96, s. 74," whosoever shall steal any chat"tel or fixture let to be used by "him or her in or with any house or lodging, whether the contract "shall have been entered into by "him or her or by her husband, or by แ "any person on behalf of him or "her or her husband, shall be "guilty of felony, and, being con"victed thereof, shall be liable, at "the discretion of the court, to be "be imprisoned for any term not exceeding two years, with or with out hard labour, and with or with " or person letting to hire." (Former provision, 7 & 8 Geo. 4, c. 29, s. 45. By 7 & 8 Geo. 4, c. 27, 3 Will. & M. c. 9, was repealed.) The prisoners were tenants and occupiers of a house in which were certain gas-fittings belong to a public company. It became necessary that a gas-meter should be changed, and the old one was taken down and left in the custody of the prisoners till called for by the company's servant. In the meantime they converted it to their use :--Held, that they could not be convicted of larceny. Reg. v. Mattheson, 5 Cox, C. C. 276-Gurney. The case of Rex v. Palmer, 2 Leach, C. C. 680; 2 East, P. C. 586, decided that a tenant stealing goods from a ready-furnished house was not guilty of felony, within 3 Will. & M. c. 9, s. 5. 7. In Manufactories. By 24 & 25 Vict. c. 96, s. 62, out solitary confinement, and, if "whosoever shall steal, to the val"a male under the age of sixteen "ue of 10s., any woollen, linen, "years, with or without whipping; "hempen or cotton yarn, or any "and in case the value of such chat-"goods or article of silk, woollen, "tel or fixture shall exceed the sum "linen, cotton, alpaca or mohair, "of five pounds, shall be liable, at or of any one or more of those "the discretion of the court, to be "materials mixed with each other, "kept in penal servitude for any 66 or mixed with any other material, "term not exceeding seven years, "whilst laid, placed or exposed, dur"and not less than five years (27 "ing any stage, process or progress " & 28 Vict. c. 47), or to be im-" of manufacture, in any building, prisoned for any term not exceed." field or other place, shall be guilty ing two years, with or without" of felony, and being convicted "hard labour, and with or without" shall be liable, at the discretion "solitary confinement, and, if a" of the court, to be kept in penal "male under the age of sixteen" servitude for any term not exceed"years, with or without whipping; "ing fourteen years, and not less than "And in every case of stealing "five years (27 & 28 Vict. c. 47), or be imprisoned for any term not exceeding two years, with or with any chattel in this section men"tioned it shall be lawful to prefer 66 66 66 an indictment in the common "out hard labour, and with or withform as for larceny, and in every "out solitary confinement." (Forcase of stealing any fixture in mer provision, 7 & 8 Geo. 4, c. 29, "this section mentioned to prefer s. 16.) an indictment in the same form if the offender were not a ten"ant or lodger, and in either case to lay the property in the owner 66 แ as Where, on an indictment on 18 Geo. 2, c. 27, for stealing yarn out of a bleaching-ground, it appeared that the yarn had been spread on 66 8. From Mines. the ground, but at the time of the theft was in heaps, in order to be By 24 & 25 Vict. c. 96, s. 38, carried into the house :-Held, that" whosoever shall steal, or sever as there was no occasion to leave it "with intent to steal, the ore of in that state, it was not within the " any metal, or any lapis calaminastatute, which uses the words, ris, manganese or mundick, or "laid, placed or exposed, during "any wad, black cawke or black any stage, process or progress of “ lead, or any coal or cannel coal, manufacture, in any building, field" from any mine, bed, or vein thereor other place." Rex v. Hugill, 2" of respectively, shall be guilty of Russ. C. & M. 245. felony, and, being convicted thereOn an indictment on 18 Geo. 2," of, shall be liable, at the discretion c. 27, for stealing calico placed to "of the court, to be imprisoned for be printed, &c., in a building made │“ any term not exceeding two years, use of by a calico printer, for print- "with or without hard labour, and ing, drying, &c. :--Held, that in or- "with or without solitary confineder to support the capital charge, "ment." (Previous enactment, 7 & it was necessary to have proved 8 Geo. 4, c. 29, s. 37.) that the building, from which the calico was stolen, was made use of either for printing or drying calico. Rex v. Dixon, R. & R. C. C. 53; East, P. C. 512. 66 By s. 39, "whosoever, being em"ployed in or about any mine, shall "take, remove or conceal any ore 1" of any metal, or any lapis calaminaris, manganese, mundick or othBy 17 Geo. 3, c. 56, s. 10, it" er mineral found or being in such shall be lawful for any two justices," mine, with intent to defraud any upon complaint made to them up-" proprietor of or any adventurer in on oath that there is cause to sus- "such mine, or any workman or pect that purloined or embezzled "miner employed therein, shall be materials, used in certain manufac-" guilty of felony." (2 & 3 Vict. c. tures, are concealed in any dwelling- 58, s. 10, Previous enactment. Punhouse, outhouse, yard, garden or ishment as in last section.) other place or places, to issue a search warrant for the search, in the daytime, of every such dwellinghouse, &c.; and if any such materials, suspected to be purloined or embezzled, are found therein, to cause the same, and the person in whose house, outhouse, yard, garden or other place they are found, to be brought before two justices; and if the person shall not give an account to their satisfaction of how he came by the same, he shall be adjudged guilty of a misdemeanor: -Held, that a warehouse occupied for business purposes only, and not within the curtilage of or connected with any dwelling-house, was a place within the section. Reg. v. Edmundson, 2 El. & El. 77; 5 Jur., N. S. 1351; 28 L. J., M. C. 213; 8 Cox, C. C. 212. It is not larceny for miners employed to bring ore to the surface, and paid by the owners according to the quantity produced, to remove from the heaps of other miners ore produced by them, and add it to their own, in order to increase their wages, the ore still remaining in the possession of the owners. Rex v. Webb, 1 M. C. C. 431. An indictment alleging, that A. B., C. D., and persons employed in a mine, in the parish of &c., in the county of Cornwall, did steal ore, the property of the adventurers in the said mine, then and there being found, does not sufficiently shew the ore to have been in the mine when stolen. Reg. v. Trevenner, 2 M. & Rob. 476-Cresswell. Where a prisoner was indicted in one count for stealing from the mine of H. J. G. coal, the property | (See 2 & 3 Vict. c. 47, s. 30, for of H. J. G., and in the same count for stealing from the mines of thirty other proprietors coal, the property of each of such other proprietors, and it appeared that all the coal so alleged to have been stolen, had been raised at one shaft :-Held, first, that the prosecutor could not be called upon to elect on which charge he would go to the jury. Reg. v. Bleasdale, 2 C. & K. 765 --Erle. Held, secondly, that although, for the sake of convenience, in trying the prisoner the judge might direct the jury to confine their attention to one particular charge, yet that the prosecutor was entitled to give evidence in support of all the charges in the indictment. Ib. stealing from wharfs within the metropolis.) The luggage of a passenger going by a steamboat, was within the words "goods or merchandise" in 7 & 8 Geo. 4, c. 29, s. 17. Rex v. Wright, 7 C. & P. 159-Park and Alderson. An indictment for stealing goods on a navigable river was not satisfied by evidence of a stealing on one of its creeks. Rex v. Pike, 1 Leach, C. C. 317; 2 East, P. C. 647. From Ships in Distress.]--By s. 64, "whosoever shall plunder or "steal any part of any ship or ves"sel which shall be in distress, or "wrecked, stranded or cast on Held, thirdly, that proof of such "shore, or any goods, merchandise, charges might be relied on, in order" or articles of any kind belonging to shew a felonious intent. 1b. 9. In Ships in Ports or on Naviga "to such ship or vessel, shall be guilty of felony ; 66 "And the offender may be in"dicted and tried either in the coun"ty or place in which the offence shall "have been committed, or in any county or place next adjoining." (Former provision, 7 Will. 4 & 1 Vict. c. 87, s. 8. Punishment as in preceding section.) ble Rivers and Wharves. In Ports or Canals.]-By 24 & 25 Vict. c. 96, s. 63," whosoever "shall steal any goods or merchan-" "dise in any vessel, barge, or boat "of any description whatsoever in 46 66 66 66 66 or com any haven, or in any port of entry or discharge, or upon any naviga"ble river, or canal, or in any creek "or basin belonging to "municating with any such haven, port, river or canal, or shall steal any goods or merchandise from any dock, wharf, or quay adja"cent to any such haven, port, river, canal, creek, or basin, shall be guilty of felony, and being con"victed thereof, shall be liable, at "the discretion of the court, to be kept in penal servitude for any "term not exceeding fourteen years, "and not less than five years (27 & 28 Vict. c. 47), or to be im"prisoned for any term not exceeding two years, with or without "hard labour, and with or without "solitary confinement." (Former provision, 7 & 8 Geo. 4, c. 29, s. 17.) 64 66 66 10. Abroad or on the High Seas. If a person is apprehended in a borough for a larceny committed on the high seas, he may be tried for that larceny before the court of quarter sessions of the borough. Reg. v. Peel, L. & C. 231; 9 Cox, C. C. 220; 32 L. J., M. C. 65; 8 Jur., N. S. 1185; 11 W. R. 40; 7 L. T., N. S. 336. Piratically stealing a ship's anchor and cable was a capital offence by the marine laws, and triable under 28 Hen. 8, c. 15; 39 Geo. 3, c. 37, not extending to this case. Rex v. Curling, R. & R. C. C. 123. If a larceny is committed out of the kingdom, though within the king's dominions (e. g. in Jersey), bringing the things stolen into this kingdom will not make it larceny" with or without hard labour, and here. Rex v. Prowes, 1 M. C. C." with or without solitary confine349; S. P., Reg. v. Madge, 9 C. & ment; P. 29. struments. Form of Indictment.]-" And in 11. Stealing or destroying Written In-"any indictment for any such of "fence relating to any document Valuable Securities.]-By 24 &" of title to lands, it shall be suffi25 Vict. c. 96, s. 27," whosoever "cient to allege such document to "shall steal, or shall for any fraud-" be or to contain evidence of the "ulent purpose destroy, cancel, or "title or of part of the title of the "obliterate the whole or any part person or of some one of the per"of any valuable security, other sons having an interest, whether "than a document of title to lands, "vested or contingent, legal or "shall be guilty of felony, of the "equitable, in the real estate to same nature and in the same de- " which the same relates, and to gree, and punishable in the same "mention such real estate or some manner as if he had stolen any "part thereof." (Former provision, "chattel of like value with the 7 & 8 Geo. 4, c. 29, s. 23.) "share, interest, or deposit to which "the security so stolen may relate," of title to lands' shall include or with the money due on the se66 curity so stolen, or secured there"by and remaining unsatisfied, or "with the value of the goods or "other valuable thing represented, "mentioned or referred to in or by "the security." (Former provision, 7 & 8 Geo. 4, c. 29, s. 5.) By s. 1, the term document any deed, map, paper, or parch" ment, written or printed, or part"ly written or partly printed, be"ing 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." 66 An indictment under this section Wills or Codicils.] - By s. 29, for stealing a valuable security," whosoever shall, either during the must particularise the kind of valu-"life of the testator or after his able security stolen; and any mate- " death, steal, or for any fraudulent rial variance between the descrip- purpose destroy, cancel, obliterate, tion in the indictment and the evi-" or conceal, the whole or any part dence, if not amended, will be fatal." of any will, codicil, or other testaReg. v. Lowrie, 1 L. R., C. C. 61;"mentary instrument, whether the 36 L. J., M. C. 24; 15 W. R. 360; 15 L. T., N. S. 632. 66 "the same shall relate to real or per"sonal estate, or to both, shall be guilty of felony, and being con"victed thereof, shall be liable, at the discretion of the court, to 66 or for Deeds relating to Real Property.] -By 24 & 25 Vict. c. 96, s. 28, "whosoever shall steal, or shall for" be kept in penal servitude for life, any fraudulent purpose destroy, any term not less than five cancel, obliterate, or conceal the " years, or to be imprisoned for any "whole or any part of any docu-"term not exceeding two years, ment of title to lands shall be "with or without hard labour, and guilty of felony, and being con- " with or without solitary confine"victed thereof shall be liable, at (6 ment; 66 66 "the discretion of the court, to be "And it shall not in any indict"ment for such offence be necessary to allege that such will, codi kept in penal servitude for the term of five years (27 & 28 Vict." "c. 47), or to be imprisoned for" cil, or other instrument is the any term not exceeding two years, property of any person." (Former |