produced the stamp, upon which she compelled the prosecutor to make the note in question under menaces of death. There was a diversity of opinions among the judges in this case. Nine held that this was not an offence within the statute.Lord Kenyon and some others thought that the statute was meant to protect existing securities, of value in the hands of the holders, whereas this note was of no value in the hands of Courtois, who was the maker himself. Another diversity of opinion was as to whether Courtois ever himself had any possession of the note; some thought he had a momentary possession sufficient to make the taking of it from him a larceny; others thought that the whole was one continued act, and that the note was created and procured by duress and not by stealing. It is also upon this principle, of being of no value, that things of a base nature are not the subject of larceny, though reclaimed; for, the wild animal when reclaimed, or dead, must be fit for the food of man. Thus ferrets, though reclaimed, and being a useful animal in the destruction of vermin, is not the subject of larceny, as was determined in the case of one Searing convicted at the Hereford Lent Assizes in 1818, the judges having, upon the case reserved, held the conviction wrong. The legislature have made exceptions with respect to hawks and dogs-To hawks, by 37 Ed. 3. c. 19. and to dogs, by 10 Geo. 3. c. 18. the stealing of which is punishable by summary conviction before two justices. It seems to be admitted that a swarm of bees may be the subject of larceny. Tibbs v. Smith, T. Raymond, 33. Chattels under peculiar Sanctions. The legislature, in many cases, has considered the crime of larceny to be aggravated by concomitant circumstances; thus, chattels in a house, shop, warehouse, ship, &c. it has considered to be under peculiar protection ratione loci, and has guarded them by peculiar sanctions, which, for the most part, is by ousting the offender of his clergy. There are also some peculiar chattels to which it has extended its special protection, as 1st. Horses-2d. Sheep and other cattle-3d. Letters-4th. Naval and Military Stores. 1st.-Horses. + Sect. 1. By 1 Edw. 6. c. 12. s. 10. "No person or persons "that shall be in due form of law attainted or convicted for felo"nious stealing of horses, geldings, or mares, shall be admitted to "have or enjoy the privilege or benefit of his clergy." Dyer, 99. + Sect. 2. But it was doubted whether the legislature intended by this statute to deprive those of clergy who stole only 2 Hale, 364. Cases C. L. 5. one horse, mare, or gelding, and therefore by 2 and 3 of Edw. 6. c. 33. "All and singular person and persons feloniously taking or "stealing any horse, gelding, or mare, shall be put from clergy, "in like manner and form as though he or they had been indicted "or Foster's Crown " or appealed for felonious stealing of two horses, two geldings, "or two mares of any other, and thereupon found guilty." + Sect. 3. By 31 Eliz. c. 12. s. 5. it is enacted, "That not only "all accessaries before such felony done, but also all accessaries "after such felony, shall be deprived and put from all benefit of "their clergy, as the principal by statute heretofore made, is, or ought to be." 66 + Sect. 4. It was agreed by all the judges, at a conference in Law, 372, 373. Easter Term, in the second of Queen Anne, that this statute extends only to such persons as were, in judgment of law, accessaries at the time the act was made, namely, accessaries at common law; not to such as are made accessaries by subsequent statutes and therefore a person knowingly receiving a stolen horse, is not ousted of his clergy by this statute; but he is punishable as a receiver of stolen goods by 3 and 4 Will. and Mary, c. 9. 6.5.Jr. 1 Com. 88. Cooke's case, Persons who 2d.-Sheep and other Cattle. + Sect. 1. By 14 Geo. 2. c. 6. " If any person or persons shall, at any time, feloniously drive away, or in any other manner feloniously steal one or more sheep, or other cattle, of any other person or persons whatsoever, or shall wilfully kill one or more "sheep or other cattle of any other person or persons whatsoever, "with a felonious intent to steal the whole carcase or carcases, 66 or any part or parts of the carcase or carcases of any one or more sheep or other cattle that shall be so killed, or shall assist or aid any person or persons to commit any such offence or of"fences; then the person or persons guilty of any such offence "shall be adjudged guilty of felony, and shall suffer death as in "cases of felony, without benefit of clergy." 66 66 + Sect. 2. But as all penal statutes must be construed strictly, these general words, "or other cattle," were looked upon by the judges as much too loose to create a capital offence, and the act was held to extend to sheep only; and therefore by 15 Geo. 2. c. 34. it is declared, "That the above act was meant and in"tended, and shall be construed, deemed, and taken to extend to any bull, cow, ox, steer, bullock, heifer, calf, and lamb, as well as sheep, and to no other cattle whatsoever." + Sect. 3. It hath been determined upon this statute, that the word "heifer" is used in the act in contradistinction to the word "cow;" and therefore an indictment for stealing a cow is not supported by evidence that the animal stolen was a beast of the ox kind, called a heifer, never having had a calf. 3d.-Letters. + Sect. 1. By 5 Geo. 3. c. 25. s. 18. and 7 Geo. 3. c. 50. s. 2. it is enacted, "That if any person or persons whatsoever shall "rob any mail or mails, in which letters are sent or conveyed by "the post, of any letter or letters, packet or packets, bag or mail "of letters; or shall steal and take from or out of any such mail or mails, or from or out of any bag or bags of letters, sent or "conveyed by the post, or from or out of any post-office, or house or place for the receipt or delivery of letters or packets sent or " "to 66 "to be sent by the post, any letter or letters, packet or packets; "although such robbery, stealing, or taking, shall not appear, or "be proved, to be a taking from the person, or upon the king's highway, or to be a robbery committed in any dwelling-house, "or any coach-house, stable, barn, or any out-house belonging to "a dwelling-house; and although it should not appear that any person or persons were put in fear by such robbery, stealing, "or taking; yet such offender or offenders, being thereof con"victed as aforesaid, shall nevertheless respectively be deemed guilty of felony, and shall suffer death as a felon, without be"nefit of clergy." (1) 66 66 66 4th.-Military and Naval Stores. (2) + Sect. 1. By 31 Eliz. c. 4. "If any person or persons, having "the charge or custody of any armour, ordnance, munition, shot, "powder, or habiliments of war of the queen's majesty, her "heirs or successors, or of any victuals provided for the victualling of any soldiers, gunners, mariners, or pioneers, shall, for any "lucre or gain, or wittingly, advisedly, and of purpose to hinder "or impeach her majesty's service, embezzle, purloin, or convey away any of the said armour, ordnance, munition, shot, or powder, habiliments of war, or victuals, to the value of twenty shillings at one or several times; then every such offence shall "be judged felony, and the offender or offenders therein tried, "proceeded on, and suffer as in case of felony." 66 66 Sect. 2. But by 31 Eliz. c. 4. s. 2. it is provided, "That "none shall be impeached for any offence against this statute, "unless the same impeachment be prosecuted or begun within "the year next after the offence done." Sect. 3. By 31 Eliz. c. 4. s. 2. it is also provided, "That "this act nor any thing therein contained, nor any attainder or "attainders of any person or persons for any offence made felony by this act, shall create any forfeiture of tenements or heredita"ments any longer than during his or their life or lives; or make any corruption of blood, or loss of dower." 66 + Sect. 4. But by 22 Car. 2. c. 5. reciting, that many persons were the more emboldened to commit the offences created by 31 Eliz. c. 4. in respect that, in those cases, the benefit of clergy is allowed by law, IT IS ENACTED, "That no person or persons "who shall be indicted for any offence committed against the "said statute of 31 Eliz. c. 4. or shall feloniously steal or em"bezzle any of his majesty's sails, cordage, or any other his "majesty's naval stores, to the value of twenty shillings, and "be thereupon found guilty, shall be admitted to have the benefit " of his or their clergy; (3) but utterly be excluded thereof, &c." Chattels under peculiar Sanctions Ratione Loci. The principal sanction is the dwelling-house, and it has been considered by the legislature as a great aggravation of the offence (1) By 52 Geo. 3. c. 142. s. 3. the above provisions are in substance re-enacted, and such of fences by the later statute may be " tried and de"termined either in the county where the offence was committed, or where the party shall or may of "be apprehended." (See post, "Offences against the Revenue.") (2) See further respecting Public Stores, post, tit. Receivers. (3) Clergy restored by 4 Geo. 4. c. 54. 9. Ann. b.6. 5. 3.5 value. 5. 9. th. Overard's Case, Petrie's Case, Cases Cro. Law, 239. Thompson's Case, Cases C. L. 277. Case of Ann of larceny, that the sanctity of the dwelling-house should be violated, by committing the crime therein; accordingly a variety of statutes have been passed upon this subject, which are rather complicated, but may be reduced to this general division, Larcenies committed in the Dwelling-house and other places, unaccompanied by Force; and Larcenies accompanied by Force in the Dwelling-house and other places, which latter is considered as Robbery. With respect to the first class, of larcenies in the dwellinghouse, &c. unaccompanied by force, clergy is ousted in the following cases. Larceny from the Dwelling-house to the amount of Forty Shillings. + Sect. 1. By 12 Ann. st. 1. c. 7. it is enacted, "That all and every person or persons that shall feloniously steal any money, "goods or chattels, wares or merchandizes, of the value of forty "shillings, or more, being in any dwelling-house, or out-house "thereunto belonging, although such house or out-house be not "actually broken by such offender, and although the owner of "such goods, or any other person or persons, be, or be not, "in such house or out-house, or shall assist or aid any person or "persons to commit any such offence, shall be absolutely de"barred of and from the benefit of clergy." 66 Sect. 2. But by 12 Ann. c. 7. s. 2. it is provided, "That nothing in this act shall extend to apprentices under the age of "fifteen years who shall rob their masters as aforesaid." Upon this statute the following decisions have been made. + Sect. 3. That if a person be indicted for robbery in the house, or burglary and stealing of goods, and the evidence should prove a larceny committed to the amount of forty shillings, he may be acquitted of the robbery and burglary, and found guilty on this statute, of stealing in the dwelling-house to the amount of forty shillings, although there is no special count on the statute in the indictment; but it must appear that the larceny was to this amount at one and the same time. Sect. 4. It has been held, that this statute does not deprive a person of clergy for stealing in his own house the property of another person, to the amount of ferty shillings; and if a wife steal the property of another to that amount in the house of her husJan. Sess. 1780. band, she shall have her clergy. Gould, O. B. James Camp- coram EYRE, Major Reynell's + Sect. 5. So also where a lodger stole a bank note in the room hired by himself, and the indictment charged it to be in the dwelling-house of the landlord, the prisoner was allowed the benefit of his clergy, for it was a stealing in his own apartments, and not in the house of another. + Sect. 6. It has also been decided, that where the property stolen is taken from the person of the possessor, though taken in the house of another, it is not within the statute: thus where the mistress of a lodging-house sent a bank note by her servant to a lodger in the first floor, to change, and the lodger, under pretence of of going to his banker's to get cash, went away with it, the prisoner was held guilty of the simple larceny only: so also, that where a person, in possession of a large sum of money, was deluded by a ring-dropper to go into a public-house to share the value of the ring, and there induced to lay his money on the table, The case of which the ring-dropper immediately took up and went away, it Edward Owen, was decided, upon a case reserved for the opinion of the twelve O. B. July Sess. judges, that the ring-dropper having obtained the money from 1792, on a case reserved by the person of the prosecutor, it was only a single felony, and not BULLER, a stealing in the dwelling-house within the statute 12 Ann. c. 7. Justice. Lent Assizes, + Sect. 7. And it has been ruled, that bank notes, and of course Dunmow's all those other securities for money, which were denominated Case, Essex choses in action at common law, are not to be considered within 1793, coram the meaning of this statute; for, although the statute 2 Geo. 2. HOTHAM, c. 25. enacts, that the stealing of such things" shall be deemed Baron. " and construed to be felony of the same nature, and the same "degree, and with or without the benefit of clergy, in the same 66 manner as it would have been if the offender had stolen or "taken by robbery, any other goods of like value with the money "due on such securities or secured thereby;" yet as the legislature could not, in the twelfth year of the reign of Queen Anne, have in contemplation a species of property which it was not a felony to steal until the second year of George the second, it is impossible to comprehend them under the word "money," and it has been decided (a), that they cannot be considered as "goods or chattels, wares or merchandizes." + Sect. 8. It has also been ruled, that an indictment on this statute must state the name of the owner in whose house the larceny was committed, and that if the name be not truly stated, it is fatal to the capital part of the charge. (a) Morris's Case, Cases C. L. 368. White's Case, 216. Cro. Law, 21. Oct. Sess. 1785. M'Cabe's Case, O. B. May Sess. 1785. Sect. 9. It seems also, that if a larceny be committed in the See Hassell's General Post-Office to the amount of forty shillings, the indict- Case, Cases ment, in order to oust the offender of larceny under the 12 Ann. c. 7. may lay it to be the dwelling-house of the Postmaster-General. But quære. Larceny from a Shop or Warehouse privately to the amount of Fifteen Pounds. + Sect. 1. By 10 and 11 Will. 3. c. 23. it is enacted, "That all "and every person or persons that shall, at any time or times, by "night, or in the day-time, in any shop, warehouse, coach-house, "or stable, privately and feloniously steal any goods, wares, or " merchandize, being of the value of five shillings, (increased to "fifteen pounds, by st. 1 Geo. 4. c. 117.) or more, (although "such shop, warehouse, coach-house, or stable, be not actually "broke open by such offender or offenders, and although the owners of such goods, or any other person or persons be, or "be not, in such shop, warehouse, coach-house, or stable, to be "put in fear,) or shall assist, hire, or command any person or "persons to commit such offence, shall be absolutely debarred "and excluded of and from the benefit of clergy," &c. (1) 66 (1) Clergy restored by 4 Geo. 4. c. 53. |