Larceny Act 1916

Publication Date:January 01, 1916
 
FREE EXCERPT


Larceny Act, 1916

(6 & 7 Geo. 5.) CHAPTER 50.

An Act to consolidate and simplify the Law relating to Larceny triable on Indictment and Kindred Offences.

[31st October 1916]

Be it enacted by the King'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 Definition.

1. For the purposes of this Act—

(1) A person steals who, without the consent of the owner fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof

Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner

(2)-(i) the expression ‘takes’ includes obtaining the possession—

(a ) by any trick

(b ) by intimidation;

(c ) under a mistake on the part of the owner with knowledge on the part of the taker that possession has been so obtained;

(d ) by finding, where at the time of the finding the finder believes that the owner can be discovered by taking reasonable steps;

(ii) the expression ‘carries away’ includes any removal of anything from the place which it occupies, but in the case of a thing attached, only if it has been completely detached;

(iii) the expression ‘owner’ includes any part owner, or person having possession or control of, or a special property in, anything capable of being stolen:

(3) Everything which has value and is the property of any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen:

Provided that—

(a ) save as hereinafter expressly provided with respect to fixtures, growing things, and ore from mines, anything attached to or forming part of the realty shall not be capable of being stolen by the person who severs the same from the realty, unless after severance he has abandoned possession thereof; and

(b ) the carcase of a creature wild by nature and not reduced into possession while living shall not be capable of being stolen by the person who has killed such creature, unless after killing it he has abandoned possession of the carcase.

2 Simple larceny.

2. Stealing for which no special punishment is provided under this or any other Act for the time being in force shall be simple larceny and a felony punishable with penal servitude for any term not exceeding five years, and the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be liable.

3 Larceny of cattle.

3. Every person who steals any horse, cattle, or sheep shall be guilty of felony, and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.

4 Killing animals with intent to steal.

4. Every person who wilfully kills any animal with intent to steal the carcase skin, or any part of the animal killed, shall be guilty of felony, and on conviction thereof liable to the same punishment as if he had stolen such animal, provided that the offence of stealing the animal so killed would have amounted to felony.

5 Larceny, &c., of dogs.

5. Every person who—

(1) steals any dog after a previous summary conviction of any such offence; or

(2) unlawfully has in his possession or on his premises any stolen dog, or the skin thereof, knowing such dog or skin to have been stolen, after a previous summary conviction of any such offence; or

(3) corruptly takes any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any stolen dog, or any dog which is in the possession of any person not being the owner thereof;

shall be guilty of a misdemeanour, and on conviction thereof liable to imprisonment for any term not exceeding eighteen months, with or without hard labour.

6 Larceny of wills.

6. Every person who steals any will, codicil, or other testamentary instrument, either of a dead or of a living person, shall be guilty of felony, and on conviction thereof liable to penal servitude for life.

7 Larceny of documents of title to land and other legal documents.

7. Every person who steals the whole or any part of—

(1) any document of title to lands; or

(2) any record, writ, return, panel, petition, process, interrogatory, deposition, affidavit, rule, order, warrant of attorney, or any original document of or belonging to any court of record, or relating to any cause or matter, civil or criminal, begun, depending, or terminated in any such court; or

(3) any original document relating to the business of any office or employment under His Majesty, and being or remaining in any office appertaining to any court of justice, or in any of His Majesty's castles, palaces, or houses, or in any government or public office;

shall be guilty of felony, and on conviction thereof liable to penal servitude for any term not exceeding five years.

8 Damaging fixtures, trees, &c., with intent to steal.

8. Every person who—

(1) Steals, or, with intent to steal, rips cuts severs or breaks—

(a ) any glass or woodwork belonging to any building; or

(b ) any metal or utensil or fixture, fixed in or to any building; or

(c ) anything made of metal fixed in any land being private property, or as a fence to any dwelling-house, garden or area, or in any square or street, or in any place dedicated to public use or ornament, or in any burial-ground:

(2) Steals, or, with intent to steal, cuts, breaks, roots up or otherwise destroys or damages the whole or any part of any tree, sapling, shrub, or underwood growing—

(a ) in any place whatsoever, the value of the article stolen or the injury done being to the amount of one shilling at the least, after two previous summary convictions of any such offence; or

(b ) in any park, pleasure ground, garden, orchard, or avenue, or in any ground adjoining or belonging to any dwelling-house, the value of the article stolen or the injury done exceeding the amount of one pound; or

(c ) in any place whatsoever, the value of the article stolen or the injury done exceeding the amount of five pounds:

(3) Steals, or with intent to steal, destroys or damages any plant, root, fruit, or vegetable production growing in any garden, orchard, pleasure ground, nursery-ground, hothouse, greenhouse or conservatory, after a previous summary conviction of any such offence;

shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.

9 Larceny of goods in process of manufacture.

9. Every person who steals, to the value of ten shillings, 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, whilst laid, placed or exposed, during any stage, process or progress of manufacture in any building, field or other place, shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.

10 Abstracting of electricity.

10. Every person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes or uses any electricity shall be guilty of felony, and on conviction thereof liable to be punished as in the case of simple larceny.

11 Larceny, &c. of ore from mines.

11. Every person who steals, or severs with intent to steal, the ore of any metal, or any lapis calaminaris, manganese, mundick, wad, black cawke, black lead, coal, or cannel coal from any mine bed or vein thereof, shall be guilty of felony and on conviction thereof liable to imprisonment for any term not exceeding two years with or without hard labour.

12 Larceny of postal packets, &c.

12. Every person who—

(1) steals a mail bag; or

(2) steals from a mail bag, post office, officer of the Post Office, or mail, any postal packet in course of transmission by post; or

(3) steals any chattel, money or valuable security out of a postal packet in course of transmission by post; or

(4) stops a mail with intent to rob the mail;

shall be guilty of felony and on conviction thereof liable to penal servitude for life.

13 Larceny in dwelling-houses.

13. Every person who steals in any dwelling-house any chattel, money, or valuable security shall—

(a ) if the value of the property stolen amounts to five pounds; or


(b ) if he by any menace or threat puts any person being in such dwelling-house in bodily fear;


be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.

14 Larceny from the person.

14. Every person who steals any chattel, money, or valuable security from the person of another shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.

15 Larceny from ships, docks, &c.

15. Every person who steals—

(1) any goods in any vessel, barge or boat of any description in any haven or 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

(2) any goods from any dock, wharf or quay adjacent to any such haven, port, river, canal, creek, or basin; or

(3) any part of any vessel in distress, wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such vessel;

shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years.

16 Larceny by tenant or lodgers.

16. Every person who, being a tenant or lodger, or the husband or...

To continue reading

REQUEST YOUR TRIAL