In cases of this description where the property is parted with, the offender Ls guilty of the statutable misdemeanor of obtaining money by false pretences. (7 & 8 Geo. IV. c. 28, s. 53.) Various other statutes have been passed to prevent the defeat of justice arising from the application of some of them subtle distinctions in particular cases, as the misappropriations and frauds by bankers, brokers, attorneys, and other agents, and also by trustees (7 & 8 Geo. IV. e. 29, a. 49; 5 & 6 Viet. c. 29; 20 & 21 Viet. c. 54); and the embezzlement by clerks and servants, (7 & 8 Geo. IV. c. 29, s. 49).
Secondly, there niust not only be a taking, but also a carrying away, technically called asportation, to constitute which the goods stolen must be actually removed from the position which they before occupied. Entire removal, to however slight a distance, is a sufficient asportation ; as if n thief be detected whilst leading a horse out of a field. So where A goes to an inn, and says to the ostler, "Bring out my horse," pointing to B's horse as his own; whereupon the horse is led out ; but before A can mount, B comes up. So where a guest, with intent to steal goods out of an ion, removes them down stairs ; or n thief, intending to steal plate, takes it out of a chest and lays it upon the floor, or intending to steal a cask from a waggon, removes it from one end of the waggon to the other. But though there must be an actual removal of every part from its previous position, it is not necessary that each portion of the article stolen should be removed from the space which was previously occupied by other portions of that article. Thus where A iu raising a bag from the bottom of a coach-boot removes each part of the bag from the space which that specific part occupied, though the whole bag be not removed from every portion of the space which the bag filled in that boot, the asportation is complete. So where A has drawn a book about an inch above the top of B's pocket, B puts up his hand, and A drops the book and it falls back into Ws pocket, it is larceny. So where a package for the purpose of cutting it open and getting at the contents, merely set on end in the place where it had lain, and the thief is disturbed before he has effected his purpose, the larceny is complete. But where a severance is necessary before the thief can have the entire control over the article, the asportation is not complete until such severance is effected; as where goods in a shop are fastened by a string to the counter, or a purse is entangled with keys in the owner's pocket.
Thirdly, the thing taken must be goods; and at common law larceny could be committed only in respect of personal goods. Things real, or things annexed to the soil, technically called the reality, or which are connected with the soil and freehold, and which are therefore in legal language, said to Favour of the realty, were not subjects of larceny at common law. This rule was observed so strictly, that larceny could
not be committed by stealing title-deeds, nor by stealing growing corn, grass, trees, &e, sinless severed from the realty by the thief or by the owner, or by a third person, and taken at another time.
The subject matter of larceny at common law must also have been of things in possession, as distinguished from things (technically called climes) in action, that is, things which are of no intrinsic value, but are capable of being made available by action or demand, as deeds, bonds, bills, notes, and other securities for money, &c.
The objection founded upon the connection of the thing stolen with the realty is removed by several provisions of 7 & 8 Geo. IV. c. 29.
The stealing of written or printed papers or parchments, being evidence of title to real estate, is mach a misdemeanor punishable by transporta tion for seven years, or by fine or imprisonment, or both. To steal or cut, break, root up, or destroy or (haulage, with intent to steal, any tree, sapling, or shrub, or any underwood growing in a park, pleasure ground, garden, orchard, or avenue, or in ground adjoining to a dwelling-house (if the value, or the injury done, exceed one pound), is a felony, and punishable as for simple Larceny: so if the trees, &a., be growing elsewhere, and the value or amount of injury exceed five pounds. To steal or break, root up, destroy or damage, with intent to steal, the whole or part of any tree, sapling, or shrub, or any under wood, wheresoever growing, the value of the articles stolen or the injury done being to tile amount of a shilling, is punishable on eurninary conviction by a justice, and fur a second offence by imprison. meat and hard labour not exceeding twelve months ; and if any person so twice convicted afterwanla commit any of the said offences, such offender is to Iso deemed guilty of felony, and is liable to be punished in the same manner as in the ease of 'simple larceny. To steal, or destroy or; damage with intent to steal, any plant, root, fp uit, or vegetable production, growing in any garden, orchard, nursery. ground, hothouse, greenhouse, or conservatory, is punishable on RIM m ary conviction by imprisonment for mix months ; or by forfeiture, over and above the valise of the articles stolen or the amount of tho injury done, of such sum not exceeding twenty pounds as to the justices shall seem meet ; a second offence is felony, punishable as in cases of simple larceny.