LARCENY. 



avowedly before one's face, it is within 

 the benefit of clergy. 



Larceny from the house. By the com- 

 mon law this was not punished other- 

 wise than as a simple larceny, except in 

 the case of burglary, which is a break- 

 ing into a house in the nigtyt-time, with 

 intent to steal, and punished capitally ; 

 but now, by several statutes, stealing in 

 a house is deprived of the benefit ot cler- 

 gy in almost every instance. As, first, in 

 larceny above 12c/., in a church or chapel, 

 without violence or breaking the same. 

 Secondly, in a booth or tent, in a fair or 

 market, by day or night, by violence or 

 breaking the same, the owner or some 

 person of his family being therein. Third- 

 ly, by robbing, which implies breaking in- 

 to, a dwelling-house in the day time, no 

 person being therein. Fourthly, in the 

 same, by day or night, without breaking, 

 any person being therein, and put in fear. 

 Secondly, in larcenies to the value of 5s., 

 committed, first, by breaking any dwell- 

 ing-house, or out-house, shop, or ware- 

 house, no person being therein in the day 

 lime. Secondly, by privately stealing in 

 a shop, warehouse, coach-house, or stable, 

 by day or night, though the same be not 

 broken open, and no person being therein. 

 Lastly, in larcenies to the value of 40s., 

 from a dwelling-house or its out-houses, 

 although the same be not broken, and 

 whether any person be therein or not, un- 

 less by apprentices under fifteen against 

 their masters. 



Every person who shall be convicted of 

 the feloniously taking away in the day- 

 time any money or goods of the value 

 of 5*., in any dwelling-house or out-house 

 thereunto belonging, and used to and 

 with the same, though no person be 

 therein, shall be guilty of felony, with- 

 out benefit of clergy. 39 Elizabeth, c. 



.Receiving stolen goods. Any person 

 who shall buy or receive any stolen goods, 

 knowing them to be stolen ; or shall re- 

 ceive, harbour, or conceal any felons or 

 thieves, knowing them to be so, shall be 

 deemed accessary to the felony; and be- 

 ing convicted, on the testimony of one 

 witness, shall suffer death as a felon con- 

 vict; but he shall be entitled to his clergy. 

 5 Anne, c. 31. Any person convicted of 

 receiving or buying stolen goods, know- 

 ing them to be stolen, may be transport- 

 ed for fourteen years. 4 George 1. c. 11. 

 Where the principal felon is found guilty 

 to the value of 1(H, that is, of petit larce- 

 ny only, the receiver, knowing the goods 

 to have been stolen, cannot be transport- 



ed for fourteen years, and ought not to 

 be put upon his trial. For the acts which 

 make receivers of stolen goods, knowing- 

 ingly, accessaries to the felony, must be 

 understood to make them accessaries in 

 such cases only, where, by law, an acces- 

 sary may be ; and there can be no acces- 

 sary to petit larceny. 



Every person who shall apprehend any 

 one guilty of breaking open houses in a 

 felonious manner, or of privately and fe- 

 loniously stealing goods, wares, or mer- 

 chandizes, of the value of 5s., in any shop., 

 warehouse, coach-house, or stable, though 

 it be not broken open, and though no per- 

 son be therein to be put in fear, and shall 

 prosecute him to conviction, shall have a 

 certificate without fee, under the hand of 

 the judge, certifying such conviction, and 

 within what parish and place the felony 

 was committed, and also that such felon 

 was discovered and taken, by the person 

 so discovering or apprehending him ; and 

 if any dispute arise between several per- 

 sons so discovering or apprehending, the 

 judge shall appoint the certificate into so 

 many shares, to be divided among the 

 persons concerned, as to him shall seem 

 just and reasonable. This certificate is 

 commonly called a Tyburn ticket, and ex- 

 empts the person from all parish and 

 ward offices in the parish where the rob- 

 bery was committed. 



With respect to the offence of larceny, 

 it is difficult in so short a compass to de- 

 fine the particular distinctions which have 

 been made; but it may be useful to men- 

 tion some general particulars. 



To constitute a larceny, there must be 

 a taking the goods without the consent 

 of the owner ; so that a fair loan, borrow- 

 ing, or receipt of goods upon trust, which 

 are afterwards converted, with intention 

 to steal, to the use of the borrower, does 

 not constitute a larceny or theft ; but 

 there are cases in which servants who 

 have goods delivered to them, also ap- 

 prentices, bankers' clerks, and others, 

 may be guilty of larceny; and there are 

 others, where the delivery of goods hav- 

 ing been obtained by fraud, for the pur- 

 pose of stealing them, a theft is held to 

 be committed. A man may also be guilty 

 of this offence, though the goods are his 

 own, as where he steals goods from a 

 pawnbroker, or other person who has a 

 property in them for a particular purpose 

 and limited time, with intent to charge 

 him with the loss. 



The felonious taking must also be from 

 the possession of the owner; that is, 

 either constructively or actually hi* piw- 



