another by violence or threats to execute deeds, &c., with intent to defraud.1

Robbery committed on the high seas is called piracy. Piracy is a crime both by the law of nations, from which it has been transferred into our common law, and by statute.2

Various acts, which do not amount to piracy at common. law, have been made piracy by statute; as, for instance, rendering assistance to a pirate, or boarding a merchant ship and destroying her goods. Penal servitude for life is generally the utmost punishment that can be inflicted on a pirate; but if his piracy was accompanied by violence and bloodshed he can be hanged, although he may not have taken any one's life. Trafficking in slaves is also a crime against the law of England, punishable with penal servitude for life. A British seaman who serves on board a ship engaged in the slave trade is guilty of a misdemeanour."

1 Larceny Act, 1916, s. 29 (2).

11 Will. III. c. 7, ss. 7-10; Piracy Acts, 1717-1837 (4 Geo. I. c. 11: 8 Geo. I. c. 24; 18 Geo. II. c. 30; 7 Will. IV. & 1 Vict. c. 88).

88 Geo. I. c. 24, s. 1; made perpetual by 2 Geo. II. c. 28.

47 Will. IV. & 1 Vict. c. 88, ss. 2, 3.

Slave Trade Act, 1824 (3 Geo. IV. c. 113), s. 9.

67 Will. IV. & 1 Vict. c. 91, s. 1.

7 See 36 & 37 Vict. c. 88, and R. v. Zulueta (1843), 1 C. & K. 215.

BOOK II-PART IV.

OFFENCES AGAINST PROPERTY.

CHAPTER I.

LARCENY.

OUR law has ever been vigilant to protect the rights of property. In ancient times excessive rigour prevailed. Even at the commencement of the last century any one who forged a bank note was hanged. If a man stole any property valued at five shillings-if he stole anything above the value of one shilling from the person or anything at all, whatever its value, from a bleaching ground-he was hanged. But this severity has been greatly relaxed, though at the same time many new offences have been created with the object of protecting property and punishing fraud.

Of offences against property, that which most frequently occurs is larceny or stealing.

Larceny.

Larceny is the wilful and wrongful taking possession of and carrying away the goods of another without his consent, with intent to deprive him of all benefits of his ownership. The law on this subject has now been codified by the Larceny Act, 1916. The definition of stealing given in this Act is as follows:

"A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good

2

1 6 & 7 Geo. V. c. 50. Henceforth in this chapter the phrase "the Larceny Act" is used to denote the Act of 1916, and references to sections without mention of any Act are references to sections in this Act.

2 We venture to regret the use of the word "fraudulently" in this definition. It seems to imply that goods cannot be stolen openly and undisguisedly so that the owner knows what is taking place.

faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof:

Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner" (s. 1 (1)).

"Stealing for which no special punishment is provided under this or any other Act for the time being in force shall be simple larceny and a felony punishable with penal servitude for any term not exceeding five years, and the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable" (s. 2).

Where, however, the stealing is attended with circumstances of aggravation, severer punishments can be imposed.1 The Larceny Act also contains the following important provisions:

(i) to steal or to rip, cut, sever or break with intent to steal any glass or woodwork belonging to any building or any fixture, fence, &c., is felony punishable as simple larceny (s. 8 (1));

(ii) to steal or sever with intent to steal any ore, coal, &c., from a mine is felony punishable by imprisonment not exceeding two years (s. 11);

(iii.) to steal any will, codicil or other testamentary instru ment, either of a dead or a living person, is felony punishable with penal servitude for life (s. 6);

(iv.) to steal the whole or any part of any document of title to lands is felony punishable by penal servitude for five years (s. 7);

(v.) to steal any horse, cattle or sheep is felony punishable with penal servitude for fourteen years (s. 3);

(vi.) to steal or to cut, break, root up or otherwise destroy or damage with intent to steal trees or shrubs, &c., of the 1 See Aggravated Larceny, post, p. 356.

B.C.L.

22

value of £1 growing in any park, pleasure ground, garden, orchard or avenue, or in any ground adjoining or belonging to a dwelling-house, or of the value of £5 if growing else where, is felony punishable as simple larceny (s. 8 (2) );

(vii.) to steal or destroy or damage with intent to steal plants, roots, fruit or vegetable productions growing in any garden, orchard, pleasure ground, nursery ground, hothouse, greenhouse or conservatory, is now a crime. A first offence of this kind is only punishable on summary conviction; any subsequent offence of the same kind is a felony and punishable as simple larceny (s. 8 (3)). But to steal or destroy or damage with intent to steal cultivated roots or plants, used for the food of man or beast, growing in any land open or enclosed, other than any of the places specified above, is a crime only punishable summarily, however often the offence is repeated.'

SIMPLE LARCENY.

In order to convict a prisoner of simple larceny the prosecution must prove six things:

I. That the goods are of such a nature that they can be stolen.

II. That the goods were in the possession of the person named in the indictment as their owner.

III. That the prisoner took the goods out of the possession of the owner into his own possession.

IV. That the prisoner took the goods out of the possession of the owner without his consent.

V. That the prisoner, when he took possession of the goods, had the wrongful intention of depriving the owner permanently of the benefits of his ownership.

VI. That the prisoner not only took possession of the goods, but also carried them away.

I.

"Everything which has value and is the property of any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen:

124 & 25 Vict. c. 96, s. 37.

Provided that

(a) save as hereinafter expressly provided with respect to fixtures, growing things and ore from mines, anything attached to or forming part of the realty shall not be capable of being stolen by the person who severs the same from the realty, unless after severance he has abandoned possession thereof; and

(b) the carcase of a creature wild by nature and not reduced into possession while living shall not be capable of being stolen by the person who has killed such creature, unless after killing it he has abandoned possession of the carcase" (s. 1 (3)).

Hence now any tangible chose in action can be the subject of larceny. A mere abstraction, such as a debt, cannot of course be stolen; but any written evidence of a debt or of its payment, certificates of shares or other valuable securities can now be stolen.

It is of course impossible to steal things which are not the property of any one, e.g., a corpse,1 treasure trove, things derelict, air, gas, electricity or running water. But when confined in pipes or tanks by human art or industry, air, gas, electricity 3 and running water become private property, and can therefore be stolen.

We proceed to deal with the two exceptions in the proviso of section 1 (3) set out above, both of which are survivals of the common law.

(a) "Fixtures, Growing Things and Ore from Mines."

No man can steal land; hence the common law regarded it as impossible for a man to steal anything which was part of, or attached to, or "savoured of" land. Hence fixtures or materials used in a building, coal or ore in a mine, growing trees, shrubs, plants, roots or grass were not the subjects of larceny at common law. It is true that all these become personal property as soon as they are severed from the soil, and until they are severed they cannot, of course, be carried away. Nevertheless, the man who severed them and carried

See Williams v. Williams (1882), 20 Ch. D. 659. For this reason body-snatchers of the olden days were indicted for stealing the shroud which enveloped the corpse. 2 See ante, p. 20.

3 S. 10.