LARCENY. 
{rnilfy of felony in carrying them away. 
Witli respect to what shall be considered a 
snffifient carrying away, to constitute the 
offence of larceny, it seems that any, the 
least removing of the thing taken, from the 
place where it was before, is sufficient for 
this purpose, though it be not quite carried 
off'; but there must be a removal from the 
place, tliough it is put back again : and 
where a pack in a waggon was not actually 
moved away, but only turned up an end, 
in order to be carried olF, it was held no 
felony. 
As grand larceny is a felonious and frau- 
dulent taking of tlie mere personal goods 
of another above the value of 12d., so it is 
petit larceny, where the thing stolen is but 
of the value of 12d., or under. In the se- 
veral other particulars above mentioned, 
petit larceny agrees with grand larceny ; 
but in a petit larceny there can be no ac- 
cessaries either before or after. 
Larceny/romf/ie person. If larceny from the 
person be done privily without one’s know- 
ledge, by picking of pockets or otherwise, 
it is excluded from the benefit of clergy, by 
8 Elizabeth, c. 4, provided the thing stolen 
be above the value of 12d. ; but if done 
openly and 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 night-time, with 
intent to steal, and punished capitally ; 
but now, by several statutes, stealing in a 
house is deprived of the benefit of clergy 
in almost every instance. As, fiist, in lar- 
ceny above 12d., 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 per- 
son of his family being therein. Thirdljq 
by robbing, which implies breaking into, 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 dwelling-house, or 
out-house, shop, or warehouse, no person 
being therein in the day time. 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 larce- 
nies 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, unless 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 5s., 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, without benefit of clergy. 39 Eli- 
zabeth, c. 15. 
Receiving stolen goods. Any person who 
shall buy or receive any stolen goods, know- 
ing them to be stolen or shall receive, har- 
bour, or conceal any felons or thieves, 
knowing them to be so, shall be deemed 
accessary to the felony ; and being con- 
victed on the testimony of one witness, 
shall sufter death as a felon convict ; but he 
shall be entitled to his clergy. 5 Anne, c. 31. 
Any person convicted of receiving or buy- 
ing stolen goods, knowing them to be 
stolen, may be transported for fourteen 
years. 4 George I. c. 11. Where the prin- 
cipal felon is found guilty to the value of 
lOd., that is, of petit larceny only, the re- 
ceiver, knowing the goods to have been 
stolen, cannot be transported for fourteen 
years, and ought not to be put upon his 
trial. For the acts which make receivers of 
stolen goods, knowingly, accessaries to the 
felony, must be understood to make them 
accessaries in such cases only, where, by 
law, an accessary may be ; and there can 
be no accessary to petit larceny. 
Every person who shall apprehend any one 
guilty of breaking open houses in a felonious 
manner, or of privately and feloniously steal- 
ing goods, wares, or merchandizes, of the 
value of 5s., in any shop, warehouse, coach- 
house, or stable, though it be not broken 
open, and though no person be therein to 
be put ill fear, and shall prosecute him to 
conviction, shall have a certificate without 
fee, under the hand of the judge, certi- 
fying such ‘ conviction, and within whaf 
parish and place the felony was commit- 
ted, and also that such felon was disco- 
vered and taken, by the person so dis- 
covering or apprehending him j and if any 
dispute arise between several persons so 
discovering or apprehending, tlie Judge 
shall appoint the certificate into so many 
shares, to he divided among the persons 
concerned, as to him shall seem Just and 
reasonable. This certificate is commonly 
called a Tyburn ticket, and exempts the 
person from all parish and ward offices in 
