LARCENY is the technical legal term used in England and Ireland to denote the crime of stealing. Simple larceny means larceny unaccompanied with other crimes or cir cumstances of aggravation. Larceny is defined as an unlawful taking of things per sonal, with intent to deprive the owner, and without his consent. On each word and phrase of this definition many commentaries have been written; but as everybody understands what theft is, it is scarcely necessary to enter into detailed explanations as to the variety of circumstances attending its perpetration. The common law, which was very defective in not mentioning many subjects which are now capable of larceny, such as title-deeds, wills, pigeons, dogs, oysters, vegetables, fruits, fixtures, etc., has been amended by various statutes, the provisions of which have been nearly all consoli dated in the recent act 24 and 25 Viet. c. N. An ancient doctrine of the common law was that carriers, trustees, etc., could never be convicted of larceny, because they get the po-session of the goods lawfully, in the first instance; but now these persons may be convicted of stealing, like others. Formerly, there was a distinction between petty larceny and grand larceny, according as the value of the thing stolen was under or above twelvepence; and the punishment was more severe in the latter case. The distinction has been abolished, and in all cases the crime of larceny is felony, though there are cer tain things, such as fruit, vegetables, hares, etc., the taking of which, though unlawful and often called stealing, is not treated as such, but is punished by a moderate fine or imprisonment. Whoever corruptly takes a reward under pretense of assisting in recov ering stolen property, unless he use due diligence to cause the offender to he brought to trial, is guilty of felony, and liable to seven years' penal servitude, or two years' imprisonment. Whoever shall publicly advertise a reward for the return of stolen property, stating that no questions will be asked, or promising to return to pawnbrokers or others any money advanced on such property, and also whoever shall print or pub lish such advertisement, shall forfeit £50 to any person who will sue for the same.
The punishment of larceny has varied in this as in all countries. In the Jewish law, it was punishable by fine and satisfaction to the owner. At Athens, it was converted from a capital offense into an offense punishable by fine. Our Saxon laws punished
larceny, if the thing was above twelvepence in value, with death; but the law became subject afterwards to the softening effects of the benefit of clergy (q.v.). In 1827 the distinction of petty larceny was abolished, and every person convicted of simple larceny of any amount was made liable either to transportation or imprisonment; but later statutes have abolished the punishment of transportation, and now the general ment for simple larceny, and for felonies punishable like simple larceny, is penal servi tude for three years, or imprisonment not exceeding two years, with or without hard labor and solitary confinement, and in the case of a male under 16, with or without. whipping—such whipping to be administered by a birch-rod, and not more than twelve strokes. In case of previous offenses,. the term of penal servitude may be extended to seven or ten years. In some cases considered to be attended with great aggravation, as stealing linen, woolen, silken, etc., goods while in process of manufacture, if of the yak.- of ten shillings, the term is increased to 14 years' penal servitude. In stealing cattle, the term is also 14 years, or imprisonment for two years. Larceny in a dwelling house of money or goods above five pounds in value, is subject to 14 years' penal servi tude, or two years' imprisonment; and the same is the punishment, whatever be the value. if by threats any one therein is put in bodily fear. The same punishment is awarded to larcenies in ships, wharfs, etc. Larceny from the person, when attended with personal violence, is called robbery. Robbery is felony punishable with 14 years' penal servitude, or two years' imprisonment, If it amount only to an assault with intent to rob, the punishment is two years' imprisonment, or three years' penal servitude.' Again, if the assault or robbery was with offensive weapons, or in company with other criminals, or attended with personal violence, the punishment is penal servitude for life. Larceny by a clerk or servant is punishable with 14 years' penal servitude, or two years' imprisonment. Larceny of letters by post-office letter-carrierS is punishable with seven years' penal servitude, or two years' imprisonment, and if the letter contained money, with penal servitude for life. Receivers of stolen property are also guilty of felony, and punished with 14 years' penal servitude or two years' imprisonment.