Larceny Act 1861
(24 & 25 Vict.) C A P. XCVI.
[6th August 1861]
'WHEREAS it is expedient to consolidate and amend the Statute Law ofEngland and Ireland relating to Larceny and other similar Offences:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Interpretation of Terms:
1. In the Interpretation of this Act:
The Term ‘Document of Title to Goods’ shall include any Bill of Lading,India Warrant, Dock Warrant, Warehouse Keeper's Certificate, Warrant or Order for the Delivery or Transfer of any Goods or valuable Thing, Bought and Sold Note, or any other Document used in the ordinary Course of Business as Proof of the Possession or Control of Goods, or authorizing or purporting to authorize, either by Indorsement or by Delivery, the Possessor of such Document to transfer or receive any Goods thereby represented or therein mentioned or referred to:
The Term ‘Document of Title to Lands’ shall include any Deed, Map, Paper, or Parchment, written or printed, or partly written and partly printed, being or containing Evidence of the Title, or any Part of the Title, to any Real Estate, or to any Interest in or out of any Real Estate:
The Term ‘Trustee’ shall mean a Trustee on some express Trust created by some Deed, Will, or Instrument in Writing, and shall include the Heir, or personal Representative, of any such Trustee, and any other Person upon or to whom the Duty of such Trust shall have devolved or come, and also an Executor and Administrator, and an Official Manager, Assignee, Liquidator, or other like Officer acting under any present or future Act relating to Joint Stock Companies, Bankruptcy, or Insolvency:
The Term ‘valuable Security’ shall include 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 ofGreat 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 shall also include 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 herein-before defined:
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 shall 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 any Thing acquired by such Conversion or Exchange, whether immediately or otherwise:
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.
2 All Larcenies to be of the same Nature.
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 Twenty-first Day ofJune One thousand eight hundred and twenty-seven; and every Court whose Power as to the Trial of Larceny was before that Time limited to Petty Larceny shall have Power to try every Case of Larceny, the Punishment of which cannot exceed the Punishment herein-after mentioned for Simple Larceny, and also to try all Accessories to such Larceny.
3 Bailees fraudulently converting Property guilty of Larceny.
3. Whosoever, being a Bailee of any Chattel, Money, or valuable Security, shall fraudulently take or convert the same to his own Use or the Use of any Person other than the Owner thereof, although he shall not break Bulk or otherwise determine the Bailment, shall be 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.
4 Punishment for Simple Larceny.
4. Whosoever stall be convicted of Simple Larceny, or of any Felony hereby made punishable like Simple Larceny, shall (except in the Cases herein-after otherwise provided for) be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
5 Three Larcenies may be charged in One Indictment.
5. It shall be lawful to insert several Counts in the same Indictment against the same Person for any Number of distinct Acts of Stealing, not exceeding Three, which may have been committed by him against the same Person within the Space of Six Months from the first to the last of such Acts, and to proceed thereon for all or any of them.
6 Where one Taking is charged, and several Takings at different Times are proved.
6. If upon the Trial of any Indictment for Larceny it shall appear that the Property alleged in such Indictment to have been stolen at One Time was taken at different Times, the Prosecutor shall not by reason thereof be required to elect upon which Taking he will proceed, unless it shall appear that there were more than Three Takings, or that more than the Space of Six Months elapsed between the first and the last of such Takings; and in either of such last-mentioned Cases the Prosecutor shall be required to elect to proceed for such Number of Takings, not exceeding Three, as appear to have taken place within the Period of Six Months from the first to the last of such Takings.
7 Larceny, after a Conviction for Felony.
7. Whosoever shall commit the Offence of Simple Larceny after a previous Conviction for Felony, whether such Conviction shall have taken place upon in Indictment, or under the Provisions of the Act passed in the Session held in the Eighteenth and Nineteenth Years of QueenVictoria , Chapter One hundred and twenty-six, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Ten Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
8 Larceny after Conviction of an indictable Misdemeanor under this Act.
8. Whosoever shall commit the Offence of Simple Larceny, or any Offence hereby made punishable like Simple Larceny, after having been previously convicted of any indictable Misdemeanor punishable under this Act, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
9 Larceny, after Two Summary Convictions.
9. Whosoever shall commit the Offence of Simple Larceny, or any Offence hereby made punishable like Simple Larceny, after having been twice summarily convicted of any of the Offences punishable upon Summary Conviction, under the Provisions contained in the Actof the Session held in the Seventh and Eighth Years of KingGeorge the Fourth, Chapter Twenty-nine, or the Act of the same Session, Chapter Thirty, or the Actof the Ninth Year of KingGeorge the Fourth, Chapter Fifty-five, or the Act of the same Year, Chapter Fifty-six, or the Actof the Session held in the Tenth and Eleventh Years of QueenVictoria , Chapter Eighty-two, or the Actof the Session held in the Eleventh and Twelfth Years of QueenVictoria , Chapter Fifty-nine, or in Sections Three, Four, Five, and Six of the Actof the Session held in the Fourteenth and Fifteenth Years of QueenVictoria , Chapter Ninety-two, or in this Act, or the Act of this Session, intituled Englandand Ireland relating to malicious Injuries to Property , (whether each of the Convictions shall have been in respect of an Offence of the same Description or not, and whether such Convictions or either of them shall have been or shall be before or after the passing of this Act,) shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
As to Larceny of Cattle or other Animals:
To continue readingRequest your trial