Bowerman, 1891, 1 Q. B. 112; 60 L. J. M. C. 13; 17 Cox C. C. 151: C. C. R.

Terms] For 'property,' see Larceny; and for 'valuable security," Embezzlement and Document of Title.

'Compulsory process'] By 24-5 V. 96, 85: 'Nothing in any of the last ten preceding sections of this Act [now represented by the ss. above and other ss.; see Trustees] contained shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in equity, or to answer any question or interrogatory in any civil proceeding in any court, or upon the hearing of any matter in bankruptcy or insolvency, and no person shall be liable to be convicted of any of the misdemeanours in any of the said sections mentioned by any evidence whatever in respect of any act done by him, if he shall at any time previously to his being charged with such offence have first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding which shall have been bonâ fide instituted by any party aggrieved.

Evidence] Ss. 20, 21, 22 of the 1916 A. are subject to s. 43 (3) thereof, which in words and effect is almost identical with s. 166 of the Bankruptcy A. 1914. When a witness voluntarily gives evidence and makes disclosures in cross-examination without making any objection, and at the order of the judge produces a pass-book which is used against him, he is not protected by this s.: Noel, 1914, 3 K. B. 848; 84 L. J. K. B. 142; 112 L. T. 47; 10 Cr. A. R. 255.

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Older cases under rpd. ss. were: Skeen, 1 Bell C. C., 97; 28 L. J. M. C. 91; 8 Cox C. C. 143, 1859: fifteen judges; Scott, 1856; Robinson, L. R. 1 C. C. R. 80; 36 L. J. M. C. 78, 1867; Widdop.

By the word 'first' inserted in s. 85, above, all former doubt is removed. Greaves's Crim. Stat. p. 92, 1861. See Gunnell, 16 Cox C. C. 154; 55 L. T. 786; 57 J. P. 279, 1886: C. C. R.: c. q., where disclosure is analysed; mere rumour that defendant has previously disclosed' is not enough to deprive him of protection.

'Banker, merchant, broker, attorney, or other agent'] On rpd. s. 75 of 24-5 V. 96, the words 'other agent' meant one ‘whose business or profession it is to receive money, securities, or chattels for safe custody, or other special purpose,' and did not include persons who carry on no such occupation, but who may happen from time to time to undertake some fiduciary position, whether for money or otherwise.' Portugal, 16 Q. B. D. 487; 55 L. J. Q. B. 567, 1885; approved Kane, 19 Cox C. C. 658, 1900: C. C. R., i.e. agent' must be eiusdem generis as 'banker &c.' And it seems that the person in s.' 20 (1) (i), above, almost identical with the rpd. s. governing those cases, must be an agent eiusdem generis with a factor': 2 Russ. Cri. 1409 n.

'Safe custody'] Money entrusted by a client to a solicitor to invest (apparently whenever he could) is not entrusted for safe custody unless he had to hold the specific notes or cash entrusted until investment, or there were any specific directions about the custody of them. Newman, 8 Q. B. D. 706; 51 L. J. M. C. 87, 1882: C. C. R., following Cooper, L. R. 2 C. C. R. 123; 43 L. J. M. C. 89, 1874, where a solicitor

misappropriated a client's money which he had properly obtained for him as a loan on mortgage. But otherwise, where a solicitor, already in possession of the money of his client, was instructed to keep it by him until it could be invested. Fullagar, 14 Cox O. C. 370; 41 L. T. N. S. 448, 1879: C. C. R.

Jurisdiction] Q. S. cannot try an indictment under ss. 20-22 of 6-7 G. 5, 50, by s. 38 thereof.

Agent-corrupt transactions] See Bribery.

AGGRAVATED OFENCES

are, properly, graver forms of crimes for which more serious punishment is provided; see Index and under Larceny. But the term is sometimes applied to a second or later conviction when a statute enacts a severer or another kind of penalty.

ANGLING.

See under Fish.

ANIMALS, LARCENY OF (NOT CATTLE).

There may,

This subject is well summarised 1 Halsbury, 365: There is no absolute property in wild animals while living, and they are not goods or chattels (Case of Swans, 1592, 7 Co. Rep. 16 a). however, be what is known as a qualified property in them, either (1) ratione impotentiæ et loci, (2) ratione soli and ratione privilegii, or (3) per industriam, which may be more properly described as an exclusive right to reduce them into possession': a man hath a mere property in some things that are tame by nature and yet in respect of the baseness of their nature' larceny cannot be committed, as of mastifs, bloodhounds, or of other kind, dogs or of cats, nor of some things that be wild by nature and made tame, as bears, foxes, apes, monkies, pole-cats, ferrets and the like, and yet no manner of felony can be committed on them in respect of their wild and savage nature,' and so of their whelps or calves or young, for it is a rule in law that if no felony can be committed of anything that is ferum natura and of age being reclaimed or made tame, that no felony can be of the young in the nest kennell or den': 3 Inst. 109.

I. TAME OR DOMITE NATURE.

Common law] See Cattle, Dogs and Fish.

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There is no definition of the two classes, but Stroud, Judic. Dict. says: An animal (whether quadruped or not... and not absolutely feræ naturæ) which either by habit or special training lives in association with man is a domestic animal.'

Of domestic animals, as sheep, oxen, horses, &c., or of domestic fowls, as hens, ducks, geese, &c., and of their eggs, larciny may be committed at common law, for they are under propriety, and serve for food.' 1 Hale, P. C. 511; so Hawk. P. C. 1, 33 (1st part), 43. So of the eggs of such as be domitæ natura. . . turkies, pehens': 3 Inst. 109.

And it being felony to steal the animals themselves, it is also felony to steal the product of any of them, though taken from the living animals. Thus milking cows at pasture, and stealing the milk, was holden felony by all the judges.' Anon., 2 East, P. C. 617, 1769. So pulling the wool from a sheep's back. Martin, ib. 618; 1 Lea. 171, 1777. The stealing a stock of bees seems to be admitted to be felony.' Tibbs v. Smith, Thos. Raym. 33, 1662; 2 East, P. C. 607. Tame, i.e. reclaimed, pigeons, although unconfined, with free access at their pleasure to the open air, are the subject of larceny. L. Campbell C.J. said: 'We all think that tame pigeons may be the subject of larceny, although they have the opportunity of getting out and enjoying themselves in the open air.' Cheafor, 2 Den. C. C. 361; 5 Cox C. C. 367, 1851. When pigeons were stolen from ordinary cotes outside a house, it seems to have been necessary to prove that they always roosted there at night, and Mr. Greaves cites Bracton, b. II. s. 1 fol'g., that they and other animals must have the animus revertendi to be larcenable: Brooks, 4 C. & P. 131, 1829. See Pigeons. 'It seems

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that it is not theft to take and carry away an animal which, though really tame, is wandering at a distance from its habitation as if it were wild, and when it is not known to be tame by the person who takes and carries it away': Stephen, Dig. Cr. L., Art. 333, citing Hawk. 1, 33, 40, which hardly goes so far. But East, 2 P. C. 607, says, if swans range out of the royalty it is no felony to take them though marked, because it cannot be known that they belong to any person.' So of tame pheasants. Head, 1 F. & F. 350, 1857. So of partridges three weeks old, and able to fly a little, reared in a coop since removed, so that the hen and they wandered freely about the owner's premises, but still returning to sleep under the hen's wings, and unable to escape: Shickle, L. Ř. 1 C. Ĉ. R. 158; 11 Cox C. C. 189; 38 L. J. M. C. 21, 1868.

Tame pheasants] See Garnham, 1861.

Eggs] Pheasants' eggs, if reduced into possession (which ought to be distinctly averred), clearly may be the subject of larceny: Stride, 1908, 1 K. B. 617; 77 L. J. K. B. 490; 72 J. P. 93; 21 Cox C. C. 563; 24 T. L. R. 243: C. C. R.

Of the eggs of hawks or swans (not even, apparently) though reclaimed, larceny cannot be committed, the reason of which is said to be, that a less punishment, namely, fine and imprisonment, is appointed by statute for that offence: 1 Hawk. 1, 33 (pt. 1), 42; 2 East, P. C. 607; 2 Russ. Cri. 1276. A fortiori of the eggs of pheasants and partridges and other birds not reclaimed; as the taking of the parents is not felony.

The indictment should state the species of eggs, so that it may appear that they are the subject of larceny. Cox, 1 C. & K. 494, 1844; doubted in Gallears, 1 Den. C. C. R. 501; 19 L. J. M. C. 13; 3 Cox C. C. 572, 1849, where 'one ham' was held a sufficient description and larcenable.

Captive] If merchandise, they are actionable: Grymes v. Shack (musk-cats, monkies, parrots), Cro. Ja. 262, 1611; but only larcenable as here stated.

Tamed or reclaimed] See first passage from Coke, above. 'On the other side, of some things that be fera natura, being reclaimed, felony may be committed in respect of their noble and generous nature and courage, serving ob vitæ solatium of princes and of noble and generous persons to make them fitter for great employments: As all kinds of faulcons and other hawks, if the party that steals them know they be reclaimed: 3 Inst. 109. This knowledge only amounts to a strict proof of the animus furandi . it is a question of evidence in each case 1 Halsbury, 371. But if such as be wild that serve for the food of man be made tame as deer, wild bore, conies, cranes, pheasant, partridge or the like, larceny may be committed of them, so as he that stealeth them know that they be tame. But the deer, &c. being wild, yet when he is killed larceny may be committed of the flesh, and so of phesant, partridge or the like, and so note, a diversity between such beasts as be fera natura, and, being tame, serve for pleasure only, and such as be made tame, and serve for food, &c.' 3 Inst. 110. Where animals feræ natura are dead, reclaimed and known to be so, or confined, and may serve for food, it is' larceny 'even at common law' to take them. Thus of deer so inclosed in a park . . . fish in

a trunk or not, or, as it should seem, in any other inclosed place which is private property, and where they may be taken at the pleasure of the owner at any time; pheasants or partridges in a mew; young pidgeons, or old ones when shut up, young hawks in a nest, or even old ones, or falcons reclaimed, and known by the party to be so, larceny may be committed. The same as to peacocks.' 2 East, P. C. 607; pigeons shut up in their boxes every night: per Parke B., Luke, 1839, 7th edn. of this work: 'determined on the ground that the pigeons were reclaimed and not on the ground that they were shut up in their boxes at the time they were taken': 2 Russ. Cri. 1276 r.; young pheasants hatched by a hen in a coop in a field at a distance from the house are the subjects of larceny. Cory, 10 Cox C. C. 23, 1864; cf. 1 Hale, P. C. 511.

II. WILD-FERE NATURA.

a. Alive.

'Larceny cannot be committed of things that are feræ naturæ, unreclaimed, and nullius in bonis, as of deer or conies, tho in a park or warren, fish in a river or pond, wild fowl, wild swans, pheasants' (Hale, ib.), although any person may have an exclusive right ratione loci aut privilegii, to take them if he can in those places.' 2 East, P. C. 607; cf. 4 Bl. Com. 235, 6: all founded on 3 Inst. 109-10. So of flying swans, though marked, if they range abroad out of the precincts or royalty of the owner, it is not felony to kill and take them, because they cannot be known to belong to any.' Hale, ib. So of rooks in a rookery. See Hannam v. Mockett, 2 B. & C. 934; 4 D. & R. 518, 1824.

Ferrets though tame and saleable are not larcenable at common law: Searing, R. & R. 350, 1818, but are animals ordinarily kept in a state of confinement' within 24-5 V. 96, 21, 22: per Darling J., incidentally in Sherriff, 1903. Animals of a wild nature which are not fit for food are not the subject of larciny, although they be reduced into possession or reclaimed. This rule includes bears, foxes, apes, monkeys, polecats, cats and dogs, ferrets, thrushes, singing birds in general, parrots, squirrels, and animals kept merely for pleasure.' 1st Rep. Commissioners on Crim. Law, 1834, p. 22. The young of such animals are within this rule. Ib. p. 23.

Triable at Q. S.

b. Dead.

See 3 Inst. 110, above, where n.b. Coke's distinction between tamed animals fit for food or only for pleasure.

Hares, &c.] Rabbits or game on being killed by a wrong-doer or trespasser become the property of the owner of the soil: Blades v. Higgs, 11 H. L. C. 621; 34 L. J. C. P. 286, 1865; but see Townley, L. R. 1 C. C. R. 315; 40 L. J. M. C. 144; 12 Cox C. C. 59, 1870. where some poachers killed rabbits, and deposited them in bags, &c., in a ditch on the land where they had killed them. Defendant, one of them, afterwards returned and carried the rabbits away. It was taken as a fact that the poachers had no intention of abandoning the rabbits, but only deposited them for convenience: c. q.: because the 'taking must not be a continuous act with the severance; there must be a decided severance between . . . the killing and the . . tak