CHAPTER XVI.

 

LARCENY.

 

CONTENTS.

 

SECTION 1.  Larceny defined.

2.   The thing taken must have value.

3.   The thing taken must be moveable.

4.   Part of tire realty.

5.   The thing must be a subject of property and possession.

6.   Domestic animals.

7.   Animals not usually domesticated.

8.   Writings of value.

9.   Where a writing has no value.

10. How the value of a writing should be determined.

11. The thing must be owned and possessed.

12. Wrecks, estrays and lost property.

13. The owner unknown.

14.  Larceny by husband and wife from each other.

15.  Degrees—Punishment.

16. Punishment additional

17. Larceny of animals.

 

1. Larceny or theft is the feloniously taking any thing of marketable, saleable, assignable or available value, belonging to or being the property of another.

 

2. It is enough if the thing taken is of any pecuniary value., or valuable or economical utility, though it be not of any value to sell.

 

3. In order to be the subject of larceny, a thing must be moveable, or such that it can be removed.

 

4. Any part of real estate that is moveable, or can be detached, severed, separated or removed from the real estate oh which it is a part, may be the subject of larceny.

 

5. In order to be the subject of larceny, a thing must be tire subject of property and possession.

 

6. Domestic animals of value are the subjects of larceny, though not at the time within the actual keeping or control of the owner, or of any one for him. For instance, estrays and cattle ranging the commons or mountains of the islands.

 

7. Animals, whether those living in air, or aquatic or amphibious, of species not usually domesticated, are subjects of larceny when in the, custody, possession and control of the owner, or of any one for him, and are distinguishable as being or known by the taker to be, so an the owner’s possession, custody or control. For instance, fish in ponds, or particular creeks or portions of the sea, doves in a dove cote.

 

8. Any writing of value may be the subject of larceny. For instance, a promissory note, bill of exchange or other bill, order, certificate, bond, book of accounts; a deed or any written or printed conveyance of land; any award of the land coin mission, or other evidence of title to real or personal property ; any contract remaining in force; a receipt, discharge, writ or process any commission conferring a right, privilege, claim or liability upon another; a record or journal of the acts or proceedings of any judicial court, court of impeachment, or of the Legislature, Privy Council or any public corporation; pr any record of any public office.

 

9. Where no one can be benefited by a writing, and no one has any interest in it or depending upon it, or can be subject to liability by its passing into other hands or being destroyed, it is not a subject of larceny.

 

10.  The value of a writing is not necessarily to be considered to be the amount expressed or imported by the writing itself, but should be determined by its importance, materiality and availability as affecting public or individual interests.

 

11.  In order to be the subject of larceny, a thing must be owned by, or be the property, general or special, of; or belonging to, some one. That is, some one must have a property,  general or special, in the thing; or have and be entitled to the possession of the thing.

 

12.  Wrecked property, estrays, and lost property, shall be deemed still in the constructive possession of the owner; and the taking of either of them, with felonious intent, is larceny. But the taking of derelict property is not larceny.

 

13.  It is not necessary in respect to larceny, that it should appear whose property, other than the taker’s, the thing is; it is enough that it appear that it is not the taker’s, and that it does not appear to be derelict; and in case of doubt whether a thing is derelict, the presumption is that it is not so.

 

14.  Larceny cannot be committed by the husband from the wife of her property, or by the wife from the husband of his property.

 

15. Larceny is of four degrees, viz:

 

(1.) Larceny committed in any custom house, court house, government house, public office, jail, church or meeting house, academy, school house or other public building; or in any office, counting room, storehouse, warehouse, shop, workshop or vessel of another; or in any enclosed and covered building of another; or from the person of another, or I rein another in his presence; or from the wreck of any vessel of another; and larceny of any part of the cargo, or of any article or articles that were on board of a wrecked or lost vessel of another at the time of the same being wrecked or lost, or during the storm or other disaster occasioning the wreck or loss; and larceny from a house or other building or vessel on fire; and larceny of property at the time of the removal thereof on account of danger and alarm of lire, when such larceny is committed in the night time to the amount of one hundred dollars or more, is larceny in the first degree, and shah be punished by imprisonment at hard labor not more than ten years, and by fine not exceeding twice the value of the property taken.

 

(2.) When such larceny is committed in the night time to the amount of twenty-five dollars or mere, and less than a hundred dollars or when the same is committed in the day time to the amount of one hundred dollars or more; or other larceny, not described in the first division of this section, to the amount of a hundred dollars or over, it is larceny in the second degree, and shall be punished by imprisonment at hard labor not more than five years, and by a fine not exceeding twice the value of the property stolen. (1860, p. 13.)

 

(3.) When such larceny is committed in the day time to the amount of more than five or less than a hundred dollars, or otter larceny, not described in the first or second division of this section, to the amount of ten dollars or more, and less than a hundred, it is larceny in the third degree, and shall be punished by imprisonment at hard labor not more than two years, and fine not exceeding twice the value of the property stolen.

 

(4.) All larceny to an amount less than five dollars, and all other larceny, not being in one of the preceding degrees, is such in the fourth degree, and shall be punished by a public whipping not exceeding twenty hashes, or imprisonment at hard labor not more than six months: Provided, however, that the punishment by whipping shall never be inflicted on any female.

 

16.  Whoever shall be convicted of three or more larcenies at the same session of any court; or whoever, having been convicted of a larceny, shall be again convicted of a larceny committed after such former conviction, shall receive an additional punishment not exceeding that otherwise provided by law for the offense or offenses of which he is so convicted, by more than one half.

 

17.  That whoever shall steal any neat cattle, horse, mule, sheep, ass, or deer, not exceeding the value of one hundred dollars, shall, upon conviction before any police or district justice, be punished by imprisonment at hard labor not more than two years minor less than one month, in the discretion of the court. (Act of l4th February, 1859—Civil Code p. 426.)