Larceny Act 1916

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.

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.

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.

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.

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.

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.

Larceny of documents of title to lands and other legal documents

7

Every person who steels 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.

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.

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.

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.

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.

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.

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.

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.

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.

Larceny by tenants or lodgers

16

Every person who, being a tenant or lodger, or the husband or wife of any tenant or lodger, steals any chattel or fixture let to be used by such person in or with any house or lodging shall be guilty of felony and on conviction thereof liable—

• (a) if the value of such chattel or fixture exceeds the sum of five pounds, to penal servitude for any term not exceeding seven years ;

• (b) in all other cases, to imprisonment for any term not exceeding two years, with or without hard labour;

• (c) in any case, if a male under the age of sixteen years, to be once privately whipped in addition to any other punishment to which he may by law be liable.

Larceny and embezzlement by clerks or servants

17

Every person who—

• (1) being a clerk or servant or person employed in the capacity of a clerk or servant—

• (a) steals any chattel, money or valuable security belonging to or in the possession or power of his master or employer ; or

• (b) fraudulently embezzles the whole or any part of any chattel, money or valuable security delivered to or received or taken into possession by him for or in the name or on the account of his master or employer :

• (2) being employed in the public service of His Majesty or in the police of any place whatsoever—

• (a) steals any chattel, money, or valuable security belonging to or in the possession of His Majesty or entrusted to or received or taken into possession by such person by virtue of his. employment; or

• (b) embezzles or in any manner fraudulently applies or disposes of for any purpose whatsoever except for the public service any chattel, money or valuable security entrusted to or received or taken into possession by him by virtue of his employment:

• (3) being appointed to any office or service by or under a local marine board—

• (a) fraudulently applies or disposes of any chattel, money or valuable security received by him (whilst employed in such office or service) for or on account of any local marine board or for or on account of any other public board or department, for his own use or any use or purpose other than that for which the same was. paid, entrusted to, or received by him ; or

• (b) fraudulently withholds, retains, or keeps back the same, or any part thereof, contrary to any lawful directions or instructions which he is required to obey in relation to his office or service aforesaid;

shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years, and in the case of a clerk or servant or person employed for the purpose or in the capacity of a clerk or servant, if a male under the age of sixteen years, to be once privately whipped in addition to any other punishment to which he may by law be liable.

Embezzlement by officer of the Post Office

18

Every person who, being an officer of the Post Office, steals or embezzles a postal packet in course of transmission by post shall be guilty of felony and on conviction thereof liable—

• (a) if the postal packet contains any chattel, money or valuable security, to penal servitude for life:

• (b) in all other cases to penal servitude for any term not exceeding seven years.

Embezzlement, &c, by officers of the Bank of England or Ireland

19

Every person who, being an officer or servant of the Bank of England or of the Bank of Ireland, secretes, embezzles, or runs away with any bond, deed, note, bill, dividend warrant, warrant for the payment of any annuity, interest or money, security, money or other effects of or belonging to the Bank of England or Bank of Ireland and entrusted to him or lodged or deposited with the Bank of England or Bank of Ireland, or with him as such officer or servant, shall be guilty of felony and on conviction thereof liable to penal servitude for life.

Conversion

20

• (1) Every person who—

• (i) being entrusted either solely or jointly with any other person with any power of attorney for the sale or transfer of any property, fraudulently sells, transfers, or otherwise converts the property or any part thereof to his own use or benefit, or the use or benefit of any person other than the person by whom he was so entrusted ; or

• (ii) being a director, member or officer of any body corporate or public company, fraudulently takes or applies for his own use or benefit, or for any use or purposes other than the use or purposes of such body corporate or public company, any of the property of such body corporate or public company; or

• (iii) being authorised to receive money to arise from the sale of any annuities or securities purchased, or transferred under the provisions of Part V. of the Municipal Corporations Act, 1882, or under any Act repealed by that Act, or under the Municipal Corporation Mortgages, &c, Act, 1860, or any dividends thereon, or any other such money as is referred to in the said Acts, appropriates the same otherwise than as directed by the said Acts or by the Local Government Board or the Treasury (as the case may be) in pursuance thereof ; or

• (iv)

• (a) being entrusted either solely or jointly with any other person with any property in order that he may retain in safe custody or apply, pay, or deliver, for any purpose or to any person, the property or any part thereof or any proceeds thereof; or

• (b) having either solely or jointly with any other person received any property for or on account of any other person;

fraudulently converts to his own use or benefit, or the use or benefit of any other person, the property or any part thereof or any proceeds thereof;

shall be guilty of a misdemeanour and on conviction thereof liable to penal servitude for any term not exceeding seven years.

• (2) Nothing in paragraph (iv) of subsection (1) of this section shall apply to or affect any trustee under any express trust created by a deed or will, or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage.

Conversion by trustee

21

Every person who, being a trustee as herein-after defined, of any property for the use or benefit either wholly or partially of some other person, or for any public or charitable purpose, with intent to defraud converts or appropriates the same or any part thereof to or for his own use or benefit, or the use or benefit of any person other than such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanour and on conviction thereof liable to penal servitude for any term not exceeding seven years. Provided that no prosecution for any offence included in this section shall be commenced—

• (a) by any person without the sanction of the Attorney General, or, in case that office be vacant, of the Solicitor-General;

• (b) by any person who has taken any civil proceedings against such trustee, without the sanction also of the court or judge before whom such civil proceedings have been had or are pending.

Factors obtaining advances on the property of their principals

22

• (1) Every person who, being a factor or agent entrusted either solely or jointly with any other person for the purpose of sale or otherwise, with the possession of any goods or of any document of title to goods contrary to or without the authority of his principal in that behalf for his own use or benefit, or the use or benefit of any person other than the person by whom he was so entrusted, and in violation of good faith—

• (i) Consigns, deposits, transfers, or delivers any goods or document of title so entrusted to him as and by way of a pledge, lien, or security for any money or valuable security borrowed or received, or intended to be borrowed or received by him ; or

• (ii) Accepts any advance of any money or valuable security on the faith of any contract or agreement to consign, deposit, transfer, or deliver any such goods or document of title;

shall be guilty of a misdemeanour, and on conviction thereof, liable to penal servitude for any term not exceeding seven years : Provided that no such factor or agent shall be liable to any prosecution for consigning, depositing, transferring or delivering any such goods or documents of title, in case the same shall not be made a security for or subject to the payment of any greater sum of money than the amount which at the time of such consignment, deposit, transfer, or delivery, was justly due and owing to such agent from his principal, together with the amount of any bill of exchange drawn by or on account of such principal and accepted by such factor or agent.

• (2)

• (a) Any factor or agent entrusted as aforesaid and in possession of any document of title to goods shall be deemed to have been entrusted with the possession of the goods represented by such document of title.