See also:

• LARCENY (an adaptation of Fr. larcin, O. Fr. larrecin, from Lat. latrocinium, theft, latio, robber)

LARCENY (an See also:

• ADAPTATION (from Lat. adaptare. to fit to)

adaptation of Fr. larcin, O. Fr. larrecin, from See also:

• LAT

Lat. latrocinium, See also:

• THEFT

theft, latio, robber)  , the unlawful taking and carrying away of things See also:

• PERSONAL

personal, with See also:

• INTENT (from Lat. intend ere, to stretch out, extend, particularly in the phrase intendere animum, to turn one's mind to, purpose)

intent to deprive the rightful owner of the same . The See also:

• TERM

term See also:

• THEFT

theft, sometimes used as a synonym of See also:

• LARCENY (an adaptation of Fr. larcin, O. Fr. larrecin, from Lat. latrocinium, theft, latio, robber)

larceny, is in reality a broader term, applying to all cases of depriving another of his See also:

• PROPERTY

property whether by removing or withholding it, and includes larceny, See also:

• ROBBERY (from O. Fr. rober, to steal)

robbery, See also:

• CHEATING

cheating, See also:

• EMBEZZLEMENT (A.-Fr. embesilement, from beseler or besillier, to destroy)

embezzlement, See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• TRUST

trust, &c . Larceny is, in See also:

• MODERN

modern legal systems, universally treated as a See also:

• CRIME (Lat. crimen, accusation)

crime, but the conception of it as a crime is not one belonging to the earliest See also:

• STAGE (Fr. 6/age; from Lat. stare, to stand)

stage of See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law . To its latest See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period See also:

• ROMAN

Roman law regarded larceny or theft (furtum) as a delict prima facie pursued by a See also:

• CIVIL

civil remedy—the actio furti for a See also:

• PENALTY (Lat. poena, punishment)

penalty, the vindicatio or condictio for the stolen property itself or its value . In later times, a criminal remedy to meet the graver crimes gradually See also:

• GREW, NEHEMIAH (1641-1712)

grew up by the See also:

• SIDE
• SIDE (mod. Eski Adalia)

side of the civil, and in the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time of Justinian the criminal remedy, where it existed, took See also:

• PRECEDENCE (from Lat. praecedere, to go before, precede)

precedence of the civil (See also:

• COD

Cod. iii . 8 . 4) . But to the last criminal proceedings could only be taken in serious cases, e.g. against stealers of See also:

• CATTLE (Norman Fr. catel, from Late Lat. capitale, wealth or property, a word applied in the feudal system to movable property and particularly to live stock, and surviving in its wider meaning as " chattel " or " chattle ")

cattle (abigei) or the clothes of bathers (balnearii) . The See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment was See also:

• DEATH

death, banishment, or labour in the mines or on public See also:

• WORKS

works . In the See also:

• MAIN (from the Aryan root which appears in " may " and " might," and Lat. magnus, great)
• MAIN (Lat. Moenus)

main the Roman law coincides with the See also:

• ENGLISH

English law . The See also:

• DEFINITION (Lat. definitio, from de-finire, to set limits to, describe)

definition as given in the Institutes (iv . 1 .

1) is " furtum est contrectatio rei fraudulosa, vel ipsius rei, vel etiam ejus usus possessionisve," to which the See also:

• DIGEST

Digest (xlvii . 2 . 1, 3) adds " lucri faciendi gratia." The earliest English definition, that of See also:

• BRACTON, HENRY DE (d. 1268)

Bracton (15ob), runs thus: " furtum est secundum leges contrectatio rei alienae fraudulenta cum animo furandi invito illo domino cujus res fuerit." Bracton omits the " lucri faciendi gratia " of the Roman definition, because in English law the See also:

• MOTIVE (from Lat. movere, to move)

motive is immaterial,) and the " usus ejus possessionisve," because the definition includes an intent to deprive the owner of his property permanently . The " animo furandi " and " invito domino " of Bracton's definition are expansions for the See also:

• SAKE

sake of greater clearness . They seem to have been implied in Roman law . Furtum is on the whole a more comprehensive term than larceny . This 1 Thus destruction of a See also:

• LETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus)

letter by a servant, with a view of sup-pressing inquiries into his or her See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character, makes the servant guilty of larceny in English law . difference no doubt arises from the tendency to extend the See also:

• BOUNDS, BEATING THE

bounds of a delict and to limit the bounds of a crime . Thus it was furtum (but it would not be theft at English See also:

• COMMON

common law) to use a See also:

• DEPOSIT (Lat. depositurn, from deponere, to lay down, to put in the care of)

deposit of See also:

• PLEDGE

pledge contrary to the wishes of the owner, to retain goods found, or to steal a human being, such as a slave or filius familias (a See also:

• SPECIAL

special See also:

• FORM (Lat. forma)

form of furtum called plagium) . The latter would be in English law an See also:

• ABDUCTION (Lat. abductio, abducere, to lead away)

abduction under certain circumstances but not a theft . One of two married persons could not commit furtum as against the other, but larceny may be so committed in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England since the Married See also:

• WOMEN

Women's Property See also:

• ACT (Lat. actus, actum)

Act 1882 . As a furtum was merely a delict, the obligatio ex delicto could be extinguished by agreement between the parties; this cannot be done in England .

In another direction English law is more considerate of the rights of third parties than was Roman . The thief can give a See also:

• GOOD, JOHN MASON (1764-1827)

good See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title to stolen goods; in Roman law he could not do so, except in the single See also:

• CASE
• CASE, JOHN (d. 1600)

case of a hereditas acquired by usucapio . The development of the law of furtum at See also:

• ROME
• ROME (Roma)

Rome is historically interesting, for even in its latest period is found a relic of one of the most See also:

• PRIMITIVE

primitive theories of law adopted by courts of See also:

• JUSTICE (Lat. justitia)

justice: " They took as their See also:

• GUIDE (in Mid. Eng. gyde, from the Fr. guide; the earlier French form was guie, English " guy," the d was due to the Italian form guida; the ultimate origin is probably Teutonic, the word being connected with the base seen in O. Eng. witan, to know)

guide the measure of vengeance likely to be exacted by an aggrieved See also:

• PERSON, OFFENCES AGAINST THE

person under the circumstances of the case " (See also:

• MAINE
• MAINE, ANNE LOUISE BENEDICTE DE BOURBON
• MAINE, SIR HENRY JAMES SUMNER (1822–1888)

Maine, See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

Ancient Law, ch. x.) . This explains the See also:

• REASON (Lat. ratio, through French raison)

reason of the See also:

• DIVISION (from Lat. dividere, to break up into parts, separate)

division of furtum into manifestum and nec manifestum . The See also:

• MANIFEST (Lat. manifestus, clear, open to view)

manifest thief was one taken red-handed—" taken with the manner," in the See also:

• LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language of old English law . The Twelve Tables denounced the punishment of death against the manifest thief, for that would be the penalty demanded by the indignant owner in whose See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place the See also:

• JUDGE (Lat. judex, Fr. juge)

judge stood . The severity of this penalty was afterwards mitigated by the See also:

• PRAETOR (Lat. prae-itor, " he who goes before," "a leader")

praetor, who substituted for it the See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment of quadruple the value of the thing stolen . The same penalty was also given by the praetor in case of theft from a See also:

• FIRE (in O. Eng. f j'r; the word is common to West German languages, cf. Dutch vuur, Ger. Feuer; the pre-Teutonic form is seen in Sanskrit pu, pavaka, and Gr. irup; the ultimate origin is usually taken to be a root meaning to purify, cf. Lat. purus)

fire or a See also:

• WRECK

wreck, or of prevention of See also:

• SEARCH, or VISIT AND SEARCH

search . The Twelve Tables mulcted the non-manifest thief in See also:

• DOUBLE
• DOUBLE (from the Mid. Eng. duble, the form which gives the present pronunciation, through the Old Er. duble, from Lat. duplus, twice as much)

double the value of the thing stolen . The actions for penalties were in addition to the See also:

• ACTION

action for the stolen goods themselves or their value . The quadruple and double penalties still remain in the legislation of Justinian . The search for stolen goods, as it existed in the time of Gaits, was a survival of a period when the injured person was, as in the case of See also:

• SUMMONS (Fr. semonce, from semonner or semondre, Lat. summonere, summonitio)

summons (in fits vocatio), his own executive officer .

Such a search, by the Twelve Tables, might be conducted in the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house of the supposed thief by the owner in person, naked except for a cincture, and carrying a platter in his See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, safeguards apparently against any possibility of his making a false See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge by depositing some of his own property on his See also:

• NEIGHBOUR (O. Eng. neahgebiir, from Walt, " nigh," " near ")

neighbour's premises . This mode of search became obsolete before the time of Justinian . Robbery (See also:

• BONA (BONE)
• BONA, JOHN (1609-1674)

bona vi rapta) was violence added to furtum . By the actio vi bonorum raptorum quadruple the value could be recovered if the action were brought within a See also:

• YEAR

year, only the value if brought after the expiration of a year . The quadruple value included the stolen thing itself, so that the penalty was in effect only a triple one . It was inclusive, and not cumulative, as in furtum . In England theft or larceny appears to have been very See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early regarded by legislators as a See also:

• MATTER

matter calling for special See also:

• ATTENTION (from Lat. ad-tendo, await, expect; the condition of being " stretched " or " tense ")

attention . The pre-See also:

• CONQUEST

Conquest compilations of See also:

• LAWS

laws are full of provisions on the subject . The earlier laws appear to regard it as a delict which may be compounded for by payment . Considerable distinctions of person are made, both in regard to the owner and the thief . Thus, by the laws of IEthelberht, if a See also:

• FREEMAN
• FREEMAN, EDWARD AUGUSTUS (1823-1892)

freeman See also:

• STOLE (Lat. stela and orarium, Fr. etole, It. stola, Sp. estola, Ger. Stela)

stole from the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king he was to restore ninefold, if from a freeman or from a dwelling, threefold . If a theow stole, he had only to make a twofold reparation .

In the laws of See also:

• ALFRED

Alfred See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary theft was still only civil, but he who stole in a See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

church was punished by the loss of his hand . The laws of Ina named as the penalty death or redemption according to the wer-gild of the thief . By the same laws the thief might be slain if he fled or resisted . Gradually the severity of the punishment increased . By the laws of 1Ethelstan death in a very cruel form was inflicted . At a later date the Leges Henrici Primi placed a thief in the king's See also:

• MERCY (adapted from Fr. merci, Lat. merces, reward)
• MERCY (or MERCI), FRANZ, FREIHERR VON

mercy, and his lands were forfeited . Putting out the eyes and other kinds of See also:

• MUTILATION (from Lat. mutilus, maimed)

mutilation were sometimes the punishment . The principle of severity continued down to the 19thcentury, and until 1827 theft or larceny of certain kinds remained See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

capital . Both before and after the Conquest See also:

• LOCAL

local See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction over thieves was a common See also:

• FRANCHISE (from 0. Fr. franchise, freedom, franc, free)

franchise of lords of manors, attended with some of the advantages of modern See also:

• SUMMARY

summary jurisdiction . Under the common law larceny was a See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony . It was affected by numerous statutes, the main See also:

• OBJECT

object of legislation being to bring within the law of larceny offences which were not larcenies at common law, either because they were thefts of things of which there could be no larceny at common law, e.g. beasts ferae naturae, title deeds or choses in action, or because the common law regarded them merely as delicts for which the remedy was by civil action, e.g. fraudulent breaches of trust . The earliest act in the statutes of the See also:

• REALM

realm dealing with larceny appears to be the Carta Forestae of 1225, by which See also:

• FINE

fine or imprisonment was inflicted for stealing the king's See also:

• DEER (O. E. rigor, dfor, a common Teutonic word, meaning a wild animal, cf. Ger. Tier, Du. dier, &c., probably from a root dhus-, to breathe)
• DEER, CHINESE

deer .

The next act appears to be the See also:

• STATUTE

statute of See also:

• WESTMINSTER
• WESTMINSTER, MARQUESSES AND DUKES OF
• WESTMINSTER, STATUTES OF
• WESTMINSTER, SYNODS OF

Westminster the First (1275), dealing again with stealing deer . It seems as though the beginning of legislation on the subject was for the purpose of protecting the chases and parks of the king and the See also:

• NOBILITY

nobility . A very large number of the old acts are named in the repealing act of 1827 . An act of the same date removed the old distinction between See also:

• GRAND

grand and See also:

• PETIT, SIR DINSHAW MANECKJI, BART

petit larceny.' The former was theft of goods above the value of twelve pence, in the house of the owner, not from the person, or by See also:

• NIGHT

night, and was a capital crime . It was petit larceny where the value was twelve pence or under, the punishment being imprisonment or See also:

• WHIPPING, or FLOGGING

whipping . The See also:

• GRADUAL (Med. Lat. gradualis, of or belonging to steps or degrees; gradus, step)

gradual depreciation in the value of See also:

• MONEY

money afforded good ground for See also:

• SIR

Sir See also:

• HENRY
• HENRY (1129-1195)
• HENRY (c. 1108-1139)
• HENRY (c. 1174–1216)
• HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
• HENRY, EDWARD LAMSON (1841– )
• HENRY, JAMES (1798-1876)
• HENRY, JOSEPH (1797-1878)
• HENRY, MATTHEW (1662-1714)
• HENRY, PATRICK (1736–1799)
• HENRY, PRINCE OF BATTENBERG (1858-1896)
• HENRY, ROBERT (1718-1790)
• HENRY, VICTOR (1850– )
• HENRY, WILLIAM (1795-1836)

Henry See also:

• SPELMAN, SIR HENRY (c. 1564-1641)

Spelman's See also:

• SARCASM

sarcasm that, while everything else became dearer, the See also:

• LIFE

life of See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man became continually cheaper . The distinction between grand and petit larceny first appears in statute law in the Statute of Westminster the First, c . 15, but it was not created for the first time by that statute . It is found in some of the pre-Conquest codes, as that of IEthelstan, and it is recognized in the Leges Henrici Primi . A distinction between See also:

• SIMPLE

simple and See also:

• COMPOUND
• COMPOUND (from Lat. componere, to combine or put together)

compound larceny is still found in the books . The latter is larceny accompanied by circumstances of See also:

• AGGRAVATION (from Lat. ad, increasing, and gravis, heavy)

aggravation, as that it is in a dwelling-house or from the person . The law of larceny is now contained chiefly in the Larceny Act 1861 (which extends to England and See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland), a comprehensive enactment including larceny, embezzlement, See also:

• FRAUD (Lat. fraus, deceit)

fraud by bailees, agents, bankers, factors, and trustees, See also:

• SACRILEGE

sacrilege, See also:

• BURGLARY (burgi latrocinium; in ancient English law, hamesucken2)

burglary, housebreaking, robbery, obtaining money by threats or by false pretences, and receiving stolen goods, and prescribing See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure, both civil and criminal .

There are, however, other acts in force dealing with special cases of larceny, such as an act of Henry VIII. as to stealing the goods of the king, and the See also:

• GAME

Game, See also:

• POST

Post-See also:

• OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

Office and See also:

• MERCHANT (O. Fr. marcheant, modern marchand; from Lat. mercari, to trade, merx, goods, merchandise)

Merchant See also:

• SHIPPING

Shipping Acts . There are See also:

• SEPARATE

separate acts providing for larceny by a partner of partner-See also:

• SHIP

ship property, and by a See also:

• HUSBAND

husband or wife of the property of the other (Married Women's Property Act 1882) . Proceedings against persons subject to See also:

• NAVAL

naval or military law depend upon the Naval Discipline Act 1866 and the See also:

• ARMY
• ARMY (from Fr. armee, Lat. armata)

Army Act 1881 . There are several acts, both before and after 1861, directing how the property is to be laid in indictments for stealing the goods of counties, friendly See also:

• SOCIETIES, LEARNED

societies, trades unions, &c . The See also:

• PRINCIPAL

principal conditions which must exist in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to constitute larceny are these: (I) there must be an actual taking into the See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of the thief, though the smallest removal is sufficient; (2) there must be an intent to deprive the owner of his property for an indefinite period, and to assume the entire dominion over it, an intent often described in Bracton's words as animus furandi; (3) this intent must exist at the time of taking; (¢) the thing taken must be one capable of larceny either at common law or by statute . One or two cases falling under the law of larceny are of special See also:

• INTEREST

interest . It was held more than once that a servant taking See also:

• CORN (a common Teutonic word; cf. Lat. granum, seed, grain)
• CORN (fromm Lat. corms, horn)

corn to feed his See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master's horses, but without any intention of applying it for his own benefit, was guilty of larceny . To remedy this hardship, the Misappropriation of Servants Act 1863 was passed to declare such an act not to be felony . The case of See also:

• APPROPRIATION (from Lat. appropriare, to set aside)

appropriation of goods which have been found has led to some difficulty . It now seems to be the law that in order to constitute a larceny of lost goods there must be a felonious intent at the time of finding, that is, an intent to deprive the owner of them, coupled with reason-able means at the same time of knowing the owner . The See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere retention of the goods when the owner has become known to the finder does not make the retention criminal . Larceny of money may be committed when the money is paid by See also:

• MISTAKE (i.e. take amiss)

mistake, if the prisoner took it animo furandi .

In two noteworthy cases the question was argued before a very full See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court for See also:

• CROWN

crown cases re-served, and in each case there was a striking difference of See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion . In R. v . See also:

• MIDDLETON
• MIDDLETON, ARTHUR (1742–1787)
• MIDDLETON, CONYERS (1683–1750)
• MIDDLETON, THOMAS (c. 1570-1627)

Middleton, 1873, L.R . 2 C.C.R., 38, the prisoner, a depositor in a post-office savings See also:

• BANK

bank, received by the mistake of the clerk a larger sum that he was entitled to . The See also:

• JURY

jury found that he had the animus furandi at the time of taking the money, and that he knew it to be the money of the postmaster-See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general . The See also:

• MAJORITY (Fr. majorite; Med. Lat. majoritas; Lat. major, greater)

majority of the court held it to be larceny . In a case in 1885 (R. v . See also:

• ASHWELL, LENA (1872— )

Ashwell, L.R . 16 Q.B.D . 190), where the prosecutor gave the prisoner a See also:

• SOVEREIGN

sovereign believing it to be a See also:

• SHILLING

shilling, and the prisoner ' This See also:

• PROVISION (Lat. provisio)

provision was most unnecessarily repeated in the Larceny Act of 1861 . took it under that belief, but afterwards discovered its value and retained it, the court was equally divided as to whether the prisoner was guilty of larceny at common law, but held that he was not guilty of larceny as a bailee . Legislation has considerably affected the procedure in prosecutions for larceny .

The inconveniences of the common law 'rules of See also:

• INTERPRETATION (from Lat. interpretari, to expound, explain, inter pres, an agent, go-between, interpreter; inter, between, and the root pret-, possibly connected with that seen either in Greek 4 p4'ew, to speak, or irpa-rrecv, to do)

interpretation of indictments led to certain amendments of the law, now contained in the Larceny Act, for the purpose of avoiding the frequent failures of justice owing to the strictness with which indictments were construed . Three larcenies of property of the same person within six months may now be charged in one See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment . On an indictment for larceny the prisoner may be found guilty of embezzlement, and See also:

• VICE

vice versa; and if the prisoner be indicted for obtaining goods by false pretences, and the offence turn out to be larceny, he is not entitled to be acquitted of the See also:

• MISDEMEANOUR (from O. Fr. mes- and demener, to conduct oneself ill)

misdemeanour . A See also:

• COUNT (Lat. comes, gen. comitis, Fr. comte, Ital. conte, Span. conde)

count for receiving may be joined with the count for stealing . In many cases it is unnecessary to allege or prove ownership of the property the subject of the indictment . The act also contains numerous provisions as to See also:

• VENUE (derived through the French, from Lat. venire, to come)

venue and the See also:

• APPREHENSION (Lat. ad, to; prehendere, to seize)

apprehension of offenders . In another direction the See also:

• POWERS, HIRAM (1805-1873)

powers of courts of Summary Jurisdiction (q.v.) have been extended, in the case of charges of larceny, embezzlement and receiving stolen goods, against See also:

• CHILDREN, LAW RELATING TO

children and See also:

• YOUNG
• YOUNG, A
• YOUNG, ARTHUR (1741-1820)
• YOUNG, BRIGHAM (1801-1877)
• YOUNG, CHARLES MAYNE (1777–1856)
• YOUNG, EDWARD (1683–1765)
• YOUNG, JAMES (1811-1883)
• YOUNG, THOMAS (1773-1829)

young persons and against adults See also:

• PLEADING (Fr. plaider, plaidoyer)

pleading guilty or waiving their right to trial by jury . The maximum punishment for larceny is fourteen years' penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude, but this can only be inflicted in certain exceptional cases, such as See also:

• HORSE (a word common to Teutonic languages in such forms as hors, hros, ros; cf. the Ger. ross)

horse or cattle stealing and larceny by a servant or a person in the service of the crown or the See also:

• POLICE (Fr. police, government, civil administration, a police force, Gr. sroXumeia, constitution, condition of a state, roars, city, state)

police . The extreme punishment for simple larceny after a previous conviction for felony is ten years' penal servitude . Whipping may be See also:

• PART

part of the See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence on boys under sixteen . See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland.—A vast number of acts of the Scottish See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament dealt with larceny . The general policy of the acts was to make larceny what was not larceny at common law, e.g. stealing See also:

• FRUIT (through the French from the Lat. fructus; frui, to enjoy)

fruit, See also:

• DOGS, ISLE OF

dogs, See also:

• HAWKS, FRANCIS LISTER (1798-1866)

hawks or deer, and to extend the remedies, e.g. by giving the See also:

• JUSTICIAR (med. Lat. justiciarius or justitiarius, a judge)

justiciar authority throughout the See also:

• KINGDOM

kingdom, by making the master in the case of theft by the servant liable to give the latter up to justice, or by allowing the use of firearms against thieves .

The general result of legislation in England and Scotland has been to assimilate the law of larceny in both kingdoms . As a See also:

• RULE

rule, what would be larceny in one would be larceny in the other . See also:

• UNITED

United States.—The law depends almost entirely upon See also:

• STATE
• STATE, GREAT OFFICERS OF

state legislation, and is in general accordance with that of England . The only acts of See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

Congress bearing on the subject See also:

• DEAL

deal with larceny in the army and See also:

• NAVY

navy, and with larceny and receiving on the high seas or in any place under the exclusive jurisdiction of the United States, e.g . See also:

• ALASKA

Alaska . Alaska.—Stealing any goods, chattels, See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government See also:

• NOTE
• NOTE (Lat. nota, mark, sign, from noscere, to know)

note, bank note, or other thing in action, books of See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account, &c., is larceny: punishment, imprisonment for not less than one nor more than ten years if the property stolen is in value over $35 . Larceny in any dwelling-house, warehouse, steamship, church, &c., is punishable by imprisonment for not less than one nor more than seven years . Larceny of a horse, See also:

• MULE (Lat. mulus)

mule, See also:

• ASS (O.E. assa; Lat. asinus)
• ASS, FEAST OF THE

ass, See also:

• BULL
• BULL, GEORGE (1634–1710)
• BULL, JOHN (c. 1562–1628)
• BULL, OLE BORNEMANN (18ro-188o)

bull, See also:

• STEER, PAUL WILSON (186o– )

steer, cow or See also:

• REINDEER

reindeer is punish-able by imprisonment for not less than one nor more than fifteen years . Wilfully altering or defacing marks or brands on such animals is larceny (See also:

• PEN (Lat. penna, a feather, pen)

Pen . See also:

• CODE (Lat. codex)

Code Alaska, § 45, 1899)- See also:

• ARIZONA (from the Spanish-Indian Arizonac, of unknown meaning,—possibly " few springs,"-the name of an 18th-century mining camp in the Santa Cruz valley, just S. of the present border of Arizona)

Arizona.—Appropriating property found without due inquiry for the owner is larceny (Penal Code, § 442) . " Dogs are property and of the value of one See also:

• DOLLAR

dollar each within the meaning of the terms ' property ' and ' value ' as used in this See also:

• CHAPTER (a shortened form of chapiter, a word still used in architecture for a capital; derived from O. Fr. chapitre, Lat. capitellum, diminutive of caput, head)

chapter " (id . § 448) .

Property includes a passage See also:

• TICKET (O. Fr. esliquet, also estiquette, mod. etiquette, from Ger. sleeken, to stick up)

ticket though never issued . Persons stealing property in another state or See also:

• COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county, or who receive it knowing it to be stolen and bring it into Arizona, may be convicted and punished as if the offence was committed there (id . § 454) . Stealing See also:

• GAS

gas or See also:

• WATER

water from a main is a misdemeanour . See also:

• IOWA

Iowa.—It is larceny to steal See also:

• ELECTRICITY

electricity, gas or water from wires, meters or mains (L . 1903, ch . 132) . New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York.—Larceny as defined by § 528 of the Penal Code includes also embezzlement, obtaining property by false pretences, and felonious breach of trust (See also:

• PEOPLE

People v . Dumar, toe N.Y . 508), but the method of See also:

• PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof required to establish these offences has not been changed . Grand larceny in the first degree is (a) stealing property of any value in the night time; (b) of $25 in value or more at night from a dwelling house, See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel or railway See also:

• CAR (Late Lat. carra)

car; (c) of the value of more than $50o in any manner; in the second degree (a) stealing in any manner property of the value of over $25 and under $500; (b) taking from the person property of any value; (c) stealing any See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record of a court or other record filed with any public officer . Every other larceny is petit larceny .

" Value " of any stock, See also:

• BOND
• BOND, SIR EDWARD AUGUSTUS (1815-1898)

bond or See also:

• SECURITY (Lat. securus, free from care, safe)

security having a See also:

• MARKET (Lat. mercatus, trade or place of trade)

market value is the amount of money due thereon or what, in any contingency, might be collected thereon; of any passenger ticket the See also:

• PRICE
• PRICE, BARTHOLOMEW (1818–1898)
• PRICE, BONAMY (1807-1888)
• PRICE, RICHARD (1723-1791)

price it is usually sold at . The value of any-thing else not fixed by statute is its market value . Grand larceny, in the first degree, is punishable by imprisonment not exceeding tenyears; in the second degree, not exceeding five years . Petit larceny is a misdemeanour (Penal Code, §§ 530-535) . Bringing stolen goods into the state knowing them to be stolen is punishable as larceny within the state (id . § 540) . A " pay ticket " for removing a load of See also:

• SNOW (in O. Eng. sndw; a common Indo-European word; cf. in Teutonic languages, Ger. Schnee, Du. sneeuw; in Slavonic snieg', Lith. snegas; Gr. vi4a, Lat. nix, nivis, whence the Romanic forms, Ital. neve, Fr. neige, &c.; Ir. and Gael. sneachd; the original

snow may be the subject of larceny and its value the amount to be paid on it . (People v . See also:

• FLETCHER, ALICE CUNNINGHAM (1845– )
• FLETCHER, ANDREW
• FLETCHER, GILES (c. 1548-1611)
• FLETCHER, GILES (c. 1584-1623)
• FLETCHER, JOHN WILLIAM (1729-1785)
• FLETCHER, PHINEAS (1582-1650)

Fletcher [1906] 'To App . D . 231) . See also:

• KANSAS (known as the Sunflower State ")

Kansas.—The owner of goods who takes them from a railroad See also:

• COMPANY

company with intent to defeat its See also:

• LIEN

lien for transportation charges is guilty of larceny .

(See also:

• ATCHISON

Atchison Co. v . Hinsdell [1907] 90 Pac . See also:

• REP, REPP, or REPS

Rep . Soo) . See also:

• MASSACHUSETTS (an Indian name, originally applied to a tribe of Indians)

Massachusetts.—Larceny includes embezzlement and obtaining money by false pretences . (Rev . L . 1902, ch . 218, § 40.) The failing to restore to or to notify the owner of property removed from premises on fire is larceny (id. ch . 208, § 22) . It is larceny to See also:

• PURCHASE

purchase property (payment for which is to be made on or before delivery) by means of a false pretence as to means or ability to pay, provided such pretence is signed by the person to be charged . Indictment for stealing a will need not contain an allegation of value (id .

§ 29) . A person convicted either as See also:

• ACCESSORY

accessory or principal of three distinct larcenies shall be adjudged " a common and notorious thief " and may be imprisoned for not more than twenty years (id . 31) . On second conviction for larceny of a See also:

• BICYCLE (from prefix bi = twice, and Gr. KuKXOr, a circle, wheel)

bicycle, the thief may be imprisoned for not more than five years . Larceny of things annexed to realty is punishable as if it were a larceny of personal property (id . §§ 33, 35) . See also:

• OHIO

Ohio.—Stealing " anything of value " is larceny (See also:

• BATES, HARRY (1850-1899)
• BATES, HENRY WALTER (1825-1892)
• BATES, JOHN
• BATES, JOSHUA (1788-1864)
• BATES, WILLIAM (1625-1699)

Bates Stats . § 6856) . Tapping gas pipes is punishable by fine or imprisonment for not more than See also:

• THIRTY

thirty days . Stealing See also:

• TIMBER

timber having " timber dealers' " See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

trade See also:

• MARK
• MARK, CARL (1858– )
• MARK, GOSPEL OF ST
• MARK, ST

mark, or removing it from a stream, is punishable by a fine of not less than $2o . See also:

• UTAH

Utah.—It is grand larceny to alter the mark or See also:

• BRAND, JOHN (1744-1806)
• BRAND, SIR JOHN HENRY (1823-1888)

brand on an See also:

• ANIMAL
• ANIMAL (Lat. animalis, from anima, breath, soul)

animal (L . 1905, ch .

38) . See also:

• WYOMING

Wyoming.—For See also:

• BRANDING (from Teutonic brinnan, to burn)

branding or altering or defacing the brand on cattle with intent to steal, the penalty is imprisonment for not more than five years . It is larceny for a bailee to convert with intent to steal goods See also:

• LEFT

left with or found by him (Rev . Stats . §§ 4986, 4989) . See also:

• WASHINGTON
• WASHINGTON (or WASHINGTON COURT HOUSE)
• WASHINGTON, BOOKER TALIAFERRO (c. 1859– )
• WASHINGTON, BUSHROD (1762-1829)
• WASHINGTON, GEORGE (1732-1799)

Washington.—A horse not branded, but under Code § 6861 an " outlaw," the owner being unknown, can be the subject of a larceny, having been held to be property of the state . (State v . Eddy [1907], 90 Pac . Rep . 641) . For the third offence of such a larceny the penalty is imprisonment for life (L . 1903, ch .

86) . See also EMBEZZLEMENT; CHEATING; FALSE PRETENCES; ROBBERY; STOLEN GOODS .