CHAPTER XXXIX.

1 PUNISHMENTS FOR STEALING PARTICULAR THINGS AND RECEIVING GOODS UNLAWFULLY OBTAINED.

ARTICLE 321.

PUNISHMENT FOR STEALING THINGS FOR WHICH NO SPECIAL PUNISHMENT IS PROVIDED.

2 EVERY one commits felony and is liable upon conviction thereof to a maximum punishment of five years penal servitude who steals anything capable of being stolen, and for the stealing of which no specific punishment is hereinafter provided.

3 If the conviction takes place after a previous conviction for felony, either upon an indictment or under 8 & 9 Vict. c. 126, the maximum punishment is increased to ten years penal servitude.

If the conviction takes place after a previous conviction for any misdemeanor indictable under 24 & 25 Vict. c. 96, or

If the conviction takes place after two summary convictions under 24 & 25 Vict. c. 96, or 24 & 25 Vict. c. 97, or any Act mentioned in the footnote hereto,

the maximum punishment is increased to seven years penal servitude.

ARTICLE 322.

KILLING ANIMALS WITH INTENT TO STEAL EQUIVALENT TO

STEALING.

4 Every one who wilfully kills any animal with intent to

13 Hist. Cr. Law, 146-160. Draft Code, Part XXV.

224 & 25 Vict. c. 96, s. 4, S. W. Thefts falling under this Article appear to be the "simple larceny " referred to in 24 & 25 Vict. c. 96, ss. 33 and 36 (Article 328 (n.) and (k.)). Hale means by "simple larceny " larceny without violence.

324 & 25 Vict. c. 96, ss. 7, 8, 9, S. W. The statutes are 7 & 8 Geo. 4, cc. 29, Geo. 4, cc. 55, 56; 10 & 11 Vict. c. 82; 11 & 12 Vict. c. 59; 14 & 15 Vict. c. 92. These are earlier Acts on the same subjects as the two Consolidation Acts,

30;

424 & 25 Vict. c. 96, s. 11.

steal the carcase, skin, or any part of the animal so killed, commits felony, and is liable upon conviction thereof to the same punishment as if he had been convicted of feloniously stealing the same, provided the offence of stealing the animal so killed is felony.

ARTICLE 323.

STEALING AND CONCEALING VALUABLE SECURITIES.

Every one who steals, or for any fraudulent purpose destroys, cancels, or obliterates the whole or any part of any 2 valuable security, other than a document of title to land, commits felony of the same nature and in the same degree, and punishable in the same manner as if he had stolen any chattel of the like value with the share, interest, or deposit to which the security so stolen may relate, or with the money due on the security so stolen or secured thereby and remaining unsatisfied, or with the value of the goods or other valuable thing represented, mentioned, or referred to in or by the security.

Provided that no person who commits any offence against this Article or clause (a.) of the next succeeding Article, is liable to be convicted of any such offence by any evidence whatever in respect of any act done by him, if previously to being charged with such offence, he first discloses such act on oath in consequence of any compulsory process of any Court which, on the 6th of May, 1861, was a court of law or equity, in any action, suit, or proceeding bonâ fide instituted by any party aggrieved, or if he first discloses the same in any compulsory examination or deposition before

124 & 25 Vict. c. 96, s. 27. This would probably involve S. W.

2 Sect. 1. "Valuable security" includes any order, Exchequer acquittance, or other security whatsoever entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, or in any fund of any body corporate, company, or society, whether within the United Kingdom or in any foreign state or country, or to any deposit in any bank, and also includes any debenture, deed, bond, bill, note, warrant, order, or other security whatsoever for money, or for payment of money, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, and any document of title to lands or goods as defined in Article 327, note 3.

any Court upon the hearing of any matter in bankruptcy or insolvency.

ARTICLE 324.

THEFTS PUNISHABLE WITH PENAL SERVITUDE FOR LIFE.

Every one commits felony and is liable upon conviction thereof to penal servitude for life as a maximum punishment, and in respect of the offences defined in clause (b.), to a maximum alternative term of imprisonment with hard labour for four years, who does any of the following things (that is to say):

(a.) 1 who, either during the life of the testator, or after his death, steals, or for any fraudulent purpose destroys, cancels, obliterates, or conceals the whole or any part of any will, codicil, or other testamentary instrument, whether it relates to real or personal estate, or to both;

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(b.) or who steals a post letter-bag, or a 3 post letter from a post letter-bag, or from a post office, or from an office of the post office, or from a mail;

124 & 25 Vict. c. 96, s. 29, S.

27 Will. 4 & 1 Vict. c. 36, ss. 27, 28, for punishments, ss. 41, 42 (S.), and for definitions, s. 47.

3 "Post letter" means any letter or packet transmitted by the post under the authority of the Postmaster-General from the time of its being delivered to a post office letter-carrier, or other person authorized to receive letters, to the time of its being delivered to the person to whom it is addressed, or to his house or office, or to his servant or agent, or other person considered to be authorized to receive the letter, according to the usual manner of delivering that person's letters. A letter not posted in the proper course, but put amongst the letters so posted for a sorter to sort is not a post letter. R. v. Shepherd, Dear. 606.

"Post letter-bag " includes a mail bag, or box, or package or parcel or other envelope or covering in which post letters are conveyed, whether it contains post letters or not.

"Mail" includes every conveyance by which post letters are carried, every person or horse employed in conveying or delivering post letters, every vessel employed by or under the Post-office or the Admiralty for the transmission of post letters, or not regularly so employed but under contract for the conveyance of post letters, and every ship of war or vessel in the service of Her Majesty so employed.

"Valuable security" is defined in sect. 47 in nearly the same terms as in sect. 1 of the Larceny Act: see above. The only difference of much importance is that the definition in the Post Office Act includes any warrant or order for the delivery or transfer of any goods or valuable thing (s. 47).

or any chattel, money, or valuable security, from or out of a post letter;

or who stops a mail with intent to rob or search the

same;

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(c.) or who secretes, embezzles, or runs away with any of the things mentioned below,2 or any part of any such thing, being an officer or servant of the Governor and Company of the Bank of England, or of the Bank of Ireland, and being intrusted with any such thing lodged or deposited with the said governor and company, or with him as an officer or servant of the said governor and company.

3

ARTICLE 325.

THEFTS PUNISHABLE WITH PENAL SERVITUDE FOR FOURTEEN YEARS.

Every one commits felony, and is liable, upon conviction thereof, to a maximum punishment of fourteen years penal servitude, who does any of the following things (that is to say):

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(a.) who steals any horse, mare, gelding, colt, filly, bull, cow, ox, heifer, calf, ram, ewe, sheep, or lamb, or wilfully kills any such animal with intent to steal the carcase, skin, or any part thereof; or

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(b.) who steals any chattel, money, or valuable security from the person of another; or

(c.) who steals in any dwelling-house any chattel, money, or valuable security, if the value of the property stolen is in the whole £5 or more, or if the offender puts any one, being in such dwelling-house, in bodily fear by any menace or threat; or

124 & 25 Vict. c. 96, s. 73, S.

2 Any bond, deed, note, bill, dividend warrant, or warrant for the payment of any annuity, or interest, or money, or any security, money, or other effects of any other person, or body politic or corporate.

3 This must mean "either of the said governors and companies."

424 & 25 Vict. c. 96, ss. 10, S., 11.

Ibid. s. 40, S.

Ibid. ss. 60, 61, S.

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(d.) who steals to the value of ten shillings any of the goods mentioned below, whilst laid, placed, or exposed, during any stage, process, or progress of manufacture, in any building, field, or other place; or

(e.) 3 who steals any goods or merchandise in any vessel, barge, or boat of any description whatsoever, in any haven or in any port of entry or discharge, or upon any navigable river or canal, or in any creek or basin belonging to or communicating with any such haven, port, river, or canal; or

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(f) who steals any goods or merchandise from any dock, wharf, or quay, adjacent to any such haven, port, river, canal, creek, or basin, as is mentioned in the last clause; or (g.) who plunders or steals any part of any ship or vessel in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to any such ship or vessel; or

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(h.) who, being a clerk or servant, or being employed for the purpose or in the capacity of a clerk or servant, steals any chattel, money, or valuable security belonging to or in the possession or power of his master or employer, or fraudulently embezzles any chattel, money, or valuable security delivered to or received and taken into possession by the offender, for or in the name or on the account of his master or employer; or

(i.) who, being employed in the public service of Her Majesty, or being a constable or other person employed in the police of any county, city, borough, district, or place whatsoever, steals, embezzles, or in any manner fraudulently applies for his own benefit, or for any purpose except the public service, the whole or any part of any chattel, money,

124 & 25 Vict. c. 96, s. 62, S.

2

Any woollen, linen, hempen, or cotton yarn, or any goods or article of silk, woollen, linen, cotton, alpaca, or mohair, or of any one or more of those materials mixed with each other, or mixed with any other material.

24 & 25 Vict. c. 96, s. 63, S.

↑ Ibid. s. 64, S.

I do not know that this word has any special legal signification.

24 & 25 Vict. c. 96, ss. 67, 68, S. W.

7 Ibid. ss. 69 S., 70.