any document of title to lands or goods as hereinbefore defined, and any stamp or writing which secures or evidences title to or interest in any chattel personal, or any release, receipt, discharge, or other instrument evidencing payment of money, or the delivery of any chattel personal; and every such valuable security shall, where value is material, be deemed to be of value equal to that of such unsatisfied money, chattel personal, share, interest or deposit, for the securing or payment of which, or delivery, or transfer or sale of which, or for the entitling or evidencing title to which such valuable security is applicable, or to that of such money or chattel personal, the payment or delivery of which is evid enced by such valuable security.

5thly. The term "property" shall include every description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and shall also include not only such property as may have been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

6thly. The term "cattle" shall include any horse, mule, ass, swine, or goat, as well as any neat cattle or animal of the Bovine species, and whatever be the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it may be known, and shall apply to one animal, as well as to many.

7thly. The term "banker" shall include any director of any incorporated bank or banking company.

8thly. The term "writing" shall include any mode in which and any material on which words or figures at

length or abridged are written, printed or otherwise expressed, or any map or place is inscribed.

9thly. The term "testamentary instrument" shall include any will, codicil, or any other testamentary writing or appointment, as well during the life of the testator whose testamentary disposition it purports to be as after his death, where the same relates to real or personal estate, or both.

10thly. The term "municipality" shall include the corporation of any city, town, village, township, parish, or other territorial or local division of any Province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any purpose.

Whenever the having anything in the possession of any person, is in this Act expressed to be an offence, then if any person has any such thing in his personal custody or possession, or knowingly or wilfully has any such thing in any dwelling-house or other building, lodging, apartment, field, or other place open or enclosed, whether belonging to, or occupied by himself or not, and whether such matter or thing be so had for his own use or benefit, or for that of another, such person shall be deemed to have such matter or thing in his custody or possession within the meaning of this Act, and where there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, has any such thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of all of them.

For the purposes of this Act, the night shall be deemed to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day, and the day shall include the remainder of the twenty-four hours.-Sect. 1, 24-25 Vict., ch. 96, Imp.

AA

The words in italics, and 6thly, 7thly, Sthly, 9thly, and 10thly are not in the English Act.

Sections 17 to 26, of the Procedure Act of 1869, contain various enactments as to description of property, money, written instruments, owners thereof, &c., &c., in indictments.

DISTINCTION

BETWEEN GRAND AND PETIT LARCENY
ABOLISHED.

Sect. 2.-Every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand larceny was before the distinction between grand and petit larceny was abolished.—Sect. 2, 24-25 Vict., ch. 96, Imp.

Grand larceny was when the value of the thing stolen was above twelve pence; petit larceny, when the thing stolen was of the value of twelve pence or under. This distinction was abolished in England, on the 21st day of June, 1827.

LARCENY BY BAILEES.

Sect. 3.-Whosoever being a bailee of any chattel, money or valuable security, fraudulently takes or converts the same to his own use, or to the use of any person other than the owner thereof, although he do not break bulk or otherwise determine the bailment, is guilty of larceny, and may be convicted thereof upon an indictment for larceny; but this section shall not extend to any offence punishable on summary conviction.-Sect. 3, 24-25 Vict., ch. 96, Imp.

Greaves, on this clause, remarks: "Although there is no doubt that a person might have been convicted of any offence within this clause on a common indictment for larceny, Reg. vs. Haigh, 7 Cox 403,-as it expressly

enacts that the offender 'shall be guilty of larceny,' yet to prevent all doubt, it is provided (by the Consolidated Act) that the offender may be convicted on an indictment for larceny. It was held that the bailment intended by the 20-21 Vict., ch. 54, s. 4, was a deposit of something which was itself to be returned; and therefore a person with whom money had been deposited, who was under an obligation to return the amount, but not the identical coin deposited, was held not to be a bailee of the money within that section.-Reg. vs. Hassall, Leigh & Cave 58. The object of this clause was simply to make those cases larceny, where the general property in the thing delivered was never intended to be parted with at all, but only the possession; where in fact the owner delivered the property to another under such circumstances as to deprive himself of the possession for some time, whether certain or uncertain, and whether longer or shorter, at the expiration or determination of which time the owner was to have restored to him the very same thing that had been so delivered. In order, therefore, to bring a case within this clause, in addition to the fraudulent disposal of the property, it must be proved, 1st. That there was such a delivery of the property as to divest the owner of the possession, and vest it in the prisoner for some time. 2nd. That at the expiration or determination of that time, the identical same property was to be restored to the owner. Proof of these facts will be all that is necessary under this clause. The decision in Reg. vs. Hassall was clearly right, and will apply to the present clause."

The prisoner was a married woman living with her husband. They took in lodgers, but she exclusively had to deal with them. The prosecutor, who lodged with them, delivered to the prisoner, the woman, a box con

taining money to be taken care of. The prisoner stole the money, her husband being entirely innocent in the transaction. Held, that she was either guilty of simple larceny, or that she was a bailee, and guilty of larceny as a bailee, and by Pollock, C.B., and Martin, B., that a married woman may possibly be convicted of larceny as a bailee.-Reg. vs. Robson, Leigh & Cave, 93. The authority of Reg. vs. Denmour, 8 Cox 440, in which it was held that a married woman could not be a bailee, must be regarded as shaken.-Reporter's note, Leigh & Cave, 97.

The proviso, says Greaves, was introduced to prevent the clause applying to the cases of persons employed in the silk, woollen, and other manufactures, who dispose of goods entrusted to them, and are liable to be summarily convicted under sundry statutes.

Who is a bailee? What constitutes a bailment ?...... "Bailment," (French, bailler) a compendious expression to signify a contract resulting from delivery. Sir William Jones has defined bailment to be "a delivery of goods on a condition, express or implied, that they shall be restored by the bailee to the bailor, or according to his directions as soon as the purpose for which they are bailed shall be answered." He has again in the closing summary of his essay, defined it in language somewhat different, as "a delivery of goods in trust, on a contract express or implied, that the trust shall be duly exercised and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed." Each of these definitions seems redundant and inaccurate, if it be the proper office of a definition to include these things only which belong to the genus or class. Both of these definitions suppose that the goods are to be restored or re-delivered. But in a bailment for sale, as in the case