The taking necessary to constitute larceny must be against the owner's consent. and if such consent he had. though fraudulently gained. there will be no larceny, but an obtaining of goods by false pretenses (q.v.). lint it has been held that there is a distinction between the cases of an owner who by fraudulent representations is induced to transfer his goods, and who intends and expects to be divested of his rights of prop erty in them, and the case of an owner who parts for a time, as he supposes. with his property, while at the same time the person who gets pos session of the goods intends to convert them to his own use and to deprive the owner permanent ly of them. It is held that the latter ease may be larceny.
The common-law rules on this topic have been materially changed by statute. both in Great Britain and in the United State:. This legisla tion should be examined in each jurisdiction. Consult: Clark and Marshall. The Lair of Crimes (Saint Paul. 1900) ; lishop, Commentaries on the Lau, of Statutory Crimes (Chicago. DOI). LARCH (OF. larcge, !mice, from Lat. larix, Gk. )'dpiE, larch), Larix. A genus of trees of the natural order Conifer•s. differing from firs (Abies) in having the scales of the cones at tenuated at the tip and not falling off from the axis of the cone when fully ripe. and the leaves deciduous and in clusters, except on shoots of the same year, on which they are single and scat tered. The common larch (Larix Eu•opra or Larix decidual is a beautiful tree, growing wild on the mountains of the south and middle of Europe, and found also in Asia. where it extends much farther north than in Europe, even to the limits of perpetual snow. Its perfectly erect and regularly tapering stem. which rapidly attains a height of from GO to 100 feet. its small branches. its regular conical form, and its very numerous and very small leaves, make its aspect peeuliar. It is extensively planted as an orna mental tree. for windbreaks. etc.. in the 'United States. It is useful even at an early age, the thinning,: of a plantation being employed for hop poles, palings, etc. The older timber is used for a great variety of purposes. It is close-grained, very resinous. has great strength and durability. is not readily attacked by worms. and is much used in ship-building. It is. however, very apt to warp. and is therefore not well suited for planks. Larch-bark is used for tanning, although not nearly equal in value to oak-bark. In Siberia the
scorched stems yield a gum similar to gum arable. whlfel is known as Orenburgh gum. In warm countries 'a kind of sweetish manna (q.v.). with a slight flavor of turpentine. extol es from the leaves of the larch in the hottest season of the year. In France it is known as Briancon manna. The larch woods have of late suffered greatly from a di-case in which the centre of the stem decays. The trouble is attributed to the attack of Polypo rus sulphil•IS and Polypo•us Schwcinitzii, ton shelf fungi. The larch is subject to a canker that di•stroys many trees. The fungus causing it is known as Pcziza Willkommii. It gains en trance through wounds. destroying the bark. The •anker-spots enlarge each year. A leaf rust occurs on larch. due to the fungus: Melamp sora laricis. which forms yellow pustules on the leaves. The other stages of the fungus are passed on the poplar. In pure wood plantation: or forests, the larch frequently suffers severely from these diseases as well as from the attacks of numerous insect:. The larch does not dislike moisture. but stagnant water is very injurious to it. and thorough drainage is therefore neces sary.
The American larch, tamarack. or hackmatack (Larix Americana), distinguished by very small cones, is common in the northern parts of North America. It is a noble tree, which sometimes at tains a height of 70 feet. much resemhling the eommon lareh. and its timber is highly valued in ship-building, for fence-posts, telegraph-poles. railway-ties. etc. It is found in North America from Virginia to Hudson Bay, and is called hack matack in part- of Canada. but in the Middle and Western State: tamarack. it is occasional ly found on upland:. especially in its Northern habitats. but in the Middle States it grows in moist soil- and -hallow swamps. often where the muck or peat is quite deep. The American larch is inferior to the European tree for orna mental purposes. the latter having more fully leaved and pendulous branches, and cones one half larger. The Himalayan larch (Larix Grif //MU) abounds in the Himalayas, but is gen erally a small tree of 20 to 40 feet high. Its cones are larger than those of the common larch. Inc of the marked differences between these conifers and the pines and firs is their deciduous character. See Plate of TAMARACK AND LARCH.