Section 50: Short title and commencement.

LARCENY ACT, 1916. [6 & 7 GEo. 5. CH. 50.] An Act to consolidate and simplify the Law relating to Larceny A.D. 1916. triable on Indictment and Kindred Offences. [31ST OCTOBER, 1916.] 1. For the purposes of this Act- Definition. (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) (~) the expression "takes" includes obtaining the possessiOn- (a) by any trick; Simple larceny. cattle. Killing animals with intent to steal. (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. 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. 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. 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 unishment as if he had stolen such animal, provided that the ~:ffence of stealing the animal so killed would have amounted to felony. 5. Every person who- (1) steals any dog after of any such offence; or a prevwus summary conviction (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. 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. 7. Every person who steals 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. 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 Larceny, etc. of dogs. wills. documents of title to lands and other legal documents. Damaging fixtures, trees, etc., with intent to steal. goods in process of manufacture. Abstracting of electricity. (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 articles 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. 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. 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. 11. Every person who steals, or severs with intent to steal, the ore of any metal, or any lapis calaminaris, manganese, umndick, 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. 12. (Not applied.) 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. 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. 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. 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; Larceny, etc., of ore from mines. Larceny in dwellinghouses. Larceny from the person. Larceny from ships, docks, etc. Larceny by tenants or lodgers. Larceny and embezzlement by clerks or servants. Conversion. (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 othe~ 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) (Not applied.) 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. 18. (Not applied.) 19. (Not applied.) 20. (I) 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 45 _& 46 Viet. the Municipal Corporation Mortgages, etc., Act, 1860, or c. oo. any dividends thereon, or any other such money as is referred 23 & 24 Viet. to in the said Acts, appropriates the same otherwise than as c. 16' 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; liable to penal servitude for any term not exceeding seven years. (2) Nothing in paragraph (iv) of sub-section (I) 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. 21. Every person who, being a trustee as hereinafter defined, Cbonversion f .c h b fi . h h II . '1 y trustee. o any property 10r t e use or ene t mt er w o y or partial y 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 Factors obtaining advances on the property of their principals. 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. 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 :::n-en_t_r_u-st_e_d_w-it-:-:-:-:-:-yo-:-s-~-~,-:-o:-1 -:-f-th_e_g_o-od_s_r_e_p_r_e-se_n_t_e_d----2 -21 by such document of title. (b) Every contract pledging or giving a lien upon such document of title as aforesaid shall be deemed to be a pledge of and lien upon the goods to which the same relates. ,i.:i ~;~:~ t~:~:; !~~£~;~~th::~~;;~;~::!e;~:::~::~:to his control, or for him or on his behalf. (d) Where any loan or advance is made in good faith to any factor or agent entrusted with and in possession of any such goods or document of title on the faith of any contract or agreement in writing to consign, deposit, transfer, or deliver such goods or documents of title and such goods or documents of title are actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or documents of title and within the meaning of this section, though such goods or documents of title are not actually received by the person making such loan or advance till the period subsequent thereto. (e) Any payment made whether by money or bill of exchange or other negotiable security shall be deemed to be an advance within the meaning of this section. (f) Any contract or agreement whether made direct with such factor or agent as aforesaid or with any person on his behalf shall be deemed to be a contract or agreement with such factor or agent. (g) Any factor or agent entrusted as aforesaid, and in possession of any goods or document of title to goods shall be deemed, for the purposes of this section, to have been entrusted therewith by the owner thereof, unless the contrary be shown in evidence. 23. (1) Every person who- (a) being armed with any offensive weapon or instrument, or being together with one other person or more, robs, or assaults with intent to rob, any person; (b) robs any person and, at the time of or immediately before or immediately after such robbery, uses any personal violence to any person; S.L.-VoL. I-19 Robbery. Sacrilege. Burglary. Housebreaking and committing felony. penal servitude for life, and, in addition, if a male, to be once privately whipped. (2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years. (3) Every person who assaults any person with intent to rob penal servitude for any term not exceeding five years. 24. Every person who- ( I) breaks and enters any place of divine worship and commits any felony therein; or (2) breaks out of any place of divine worship, having committed any felony therein; shall be guilty of felony called sacrilege and on conviction thereof liable to penal servitude for life. 25. Every person who in the night- (1) breaks and enters the dwelling-house of another with intent to commit any felony therein; or (2) breaks out of the dwelling-house of another, having- (a) entered the said dwelling-house with intent to commit any felony therein; or (b) committed any felony in the said dwelling-house; shall be guilty of felony called burglary, and on conviction thereof liable to penal servitude for life. 26. Every person who- ( I) breaks and enters any dwelling-house, or any building within the curtilage thereof and occupied therewith, or any school-house, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government Department, or to any municipal or other public authority, and commits any felony therein; or (2) breaks out of the same, having committed any felony therein; penal servitude for any term not exceeding fourteen years. Hous~- . h 27. Every person who, with intent to commit any felony breaking Wit h . intent to t ereincommit felony. (I) enters any dwelling-house in the night; or . Larceny Act, 1916 (2) breaks and enters any dwelling-house, place of divine worship or any building within the curtilage, or any schoolhouse, shop, warehouse, counting-house, office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government Department, or to any municipal or other public authority; penal servitude for any term not exceeding seven years. 28. Every person who shall be found by night- Being found by night, (1) armed with any dangerous or offensive weapon or armed ?r inf . . h . b k . b "ld" possessiOn o mstrument, w1t mtent to rea or enter mto any Ul mg houseand to commit any felony therein· or ?reaking ' Implements. (2) having in his possession without lawful excuse (the proof whereof shall lie on such person) any key, picklock, crow, jack, bit, or other implement of house-breaking; or (3) having his face blackened or disguised with intent to commit any felony; or (4) in any building with intent to commit any felony therein; liable- (a) if he has been previously convicted of any such misdemeanour or of any felony, to penal servitude for any term not exceeding ten years; (b) in all other cases, to penal servitude for any term not exceeding five years. 29. (1) Every person who- (i) utters, knowing the contents thereof, any letter or writing demanding of any person with menaces, and without any reasonable or probable cause, any property or valuable thing; (ii) utters, knowmg the contents thereof, any letter or writing accusing or threatening to accuse any other person (whether living or dead) of any crime to which this section applies, with intent to extort or gain thereby any property or valuable thing from any person; (iii) with intent to extort or gain any property or valuable thing from any person accuses or threatens to accuse either that person or any other person (whether living or dead) of any such crime; S.L.-VoL. l-19* Demanding money, eta with menaces. Demanding with menaces, with intent to steal. Threatening to publish, with intent to extort. shall be guilty of felony; and on conviction thereof liable to penal servitude for life, and, if a male under the age of sixteen years, to be once privately whipped in addition to any other (2) Every person who with intent to defraud or injure any other person- (a) by any unlawful violence to or restraint of the person of another; or (b) by accusing or threatening to accuse any person (whether living or dead) of any such crime or of any felony; compels or induces any person to execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix the name of any person, company, firm or co-partnership, or the seal of any body corporate, company or society upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, shall be guilty of felony and on conviction thereof liable to penal servitude for life. · (3) This section applies to any crime punishable with death, or penal servitude for not less than seven years, or any assault with intent to commit any rape, or any attempt to commit any rape, or any solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the abominable crime of buggery, either with mankind or with any animal. (4) For the purposes of this Act it is immaterial whether any menaces or threats be of violence, injury, or accusation to be caused or made by the offender or by any other person. 30. Every person who with menaces or by force demands of any person anything capable of being stolen with intent to steal the same shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years. 31. Eve~ person who with intent- (a) to extort any valuable thing from any person; or · (b) to induce any person to confer or procure for any person any appointment or office of profit or trust- (1) publishes or threatens to publish any libel upon any other person (whether living or dead); or (2) directly or indirectly threatens to print or publish, or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead); liable to imprisonment, with or without hard labour, for any term not exceeding two years. 32. Every person who by any false pretence- ( I) with intent to defraud, obtains from any other person any chattel, money, or valuable security, or causes or procures any money to be paid, or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or (2) with intent to defraud or injure any other person, fraudulently causes or induces any other person- (a) to execute, make, accept, endorse, or destroy the whole or any part of any valuable security; or (b) to write, impress, or affix his name or the name of any other person, or the seal of any body corporate or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security; liable to penal servitude for any term not exceeding five years. 33. (1) Every perso:rf who receives .any property knowing the same to have been stolen or obtained in any way whatsoever under circumstances which amount to felony or misdemeanour, shall be guilty of an offence of the like degree (whether felony or misdemeanour) and on conviction thereof liable- (a) in the case of felony, to penal servitude for any term not exceeding fourteen years; (b) in the case of misdemeanour, to penal servitude for any term not exceeding seven years; (c) in either case, if a male under the age of sixteen years, to be once privately whipped in addition to any punishment to which he may by law be liable. (3) Every such person may be indicted and convicted, whether the principal offender has or has not been previously convicted, or is or is not amenable to justice. (4) Every person who, without lawful excuse, knowing the same to have been stolen or obtained in any way whatsoever pretences. Receiving. Corruptly taking a reward. Accessories and abettors. Hilsband and wife. Punishments. under such circumstances that if the act had been committed in the United Kingdom the person committing it would have been guilty of felony or misdemeanour, receives or has in his possession any property so stolen or obtained outside the United Kingdom, shall be guilty of an offence of the like degree (whether felony or misdemeanour) and on conviction thereof liable to penal servitude for any term not exceeding seven years. 34. Every person who corruptly takes any money or reward, directly or indirectly, under pretence or upon account of helping any person to recover any property which has, under circumstances which amount to felony or misdemeanour, been stolen or obtained in any way whatsoever, or received, shall (unless he has used all due diligence to cause the offender to be brought to trial for the same) be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding seven years, and, if a male under the age of sixteen years, to be once privately whipped in addition to any other ~35. Every person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence punishable under this Act shall be liable to be dealt with, indicted, tried and punished as a principal offender. 36. (1) A wife shall have the same remedies and redress under this A~t for the protection and security of her o;wn separate property as if such property belonged to her as a feme sole: Provided that no proceedings under this Act shall be taken by any wife against her husband while they are living together as to or concerning any property claimed by her, nor while they are living apart as to or concerning any act' done by the husband while they were living together concerning property claimed by the wife, unless such property has been wrongfully taken by the husband when leaving or deserting or about to leave or desert his wife. (2) A wife doing an act with respect to any property of her husband, which, if done by the husband in respect to property of the wife, would make the husband liable to criminal proceedings by the wife under this Act, shall be in like manner liable to criminal proceedings by her husband. 37. (1) Every person who commits the offence of simple larceny after having been previously convicted of felony shall be liable to penal servitude for any term not exceeding ten years. ,ffiW:.~:::r Mm~:@ ~@ ~r !:l::: ':: (2) Every person who commits the offence of simple larceny, or any offence made punishable like simple larceny, after having been previously convicted- (a) of any indictable misdemeanour punishable under this Act; or (b) twice summarily of any offence punishable under section six of the Summary Jurisdiction (Ireland) Act, 1851, or under the Larceny Act, 1861, or under the Malicious Damage Act, 1861, or under this Act (whether each of the convictions has· been in respect of an offence of the same description or not, and whether such convictions, or either of them, have been before or after the passing of this Act); shall be liable to penal servitude for any term not exceeding seven years. (3) In every case in this section before mentioned the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other (4) Where a sentence of penal servitude may be imposed on conviction of an offence against this Act, the court may instead thereof impose a sentence of imprisonment, with or without hard labour, for not more than two years. (5) (a) On conviction of a misdemeanour punishable under this Act the court, instead of or in addition to any other punishment which may be lawfully imposed, may fine the offender. (b) On conviction of a felony punishable under this Act the court, in addition to imposing a sentence of penal servitude or imprisonment, may require the offender to enter into his own recognisances, with or without sureties, for keeping the peace and being of good behaviour. (c) On conviction of a misdemeanour punishable under this Act the court, instead of or in addition to any other punishment which may lawfully be imposed for the offence, may require the offender to enter into his own recognisances, with or without sureties, for keeping the peace and being of good behaviour. (d) Provided that a person shall not be imprisoned for more than one year for not finding sureties. (6) (Not appl~ed.) 38. (Not applied.) 14 & 15 Viet. c. 92. 24 & 25 Viet. c. 96. 24 & 25 Viet. c. 97. 39. (1) A person charged with any offence against this Act Venue. may be proceeded against, indicted, tried, and punished in 228 Larceny Act, 1916 any county or place in which he was apprehended or IS m custody as if the offence had been committed in that county or place; and for all purposes incidental to or consequential on the prosecution, trial, or punishment of the offence, it shall be deemed to have been committed in that county or place. (2) Every person who steals or otherwise feloniously takes any property in any one part of the United Kingdom may be dealt with, indicted, tried, and punished in any other part of the United Kingdom where he has the property in his possession in the same manner as if he had actually stolen or taken it in that part. (3) Every person who receives in any one part of the United Kingdom any property stolen or otherwise feloniously taken in any other part of the United Kingdom may be dealt with, indicted, tried, and punished in that part of the United Kingdom where he so receives the property in the same manner as if it had been originally stolen or taken in that part. 40. Procedure. (I) On the trial of an indictment for obtaining or attempting to ob1ain any chattel, money, or valuable security by any false pretence, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the person accused did the act charged with intent to defraud. (2) An allegation in an indictment that money or banknotes have been embezzled or obtained by false pretences can, so far as regards the description of the property, be sustained by proof that the offender embezzled or obtained any piece of coin or any banknote or any portion of the value thereof, although such piece of coin or banknote may have been delivered to him in order that some part of the value thereof should be returned to any person and such part has been returned accordingly. (3) In an indictment for feloniously receiving any property under this Act any number of persons who have at different times so received such property or any part thereof may be charged and tried together. (4) If any person, who is a member of any co-partnership or is one of two or more beneficial owners of any property, steals or embezzles any such property of or belonging to such copartnership or to such beneficial owners he shall be liable to be dealt with, tried, and punished as if he had not been or was not a member of such co-partnership 'Or one of such beneficial owners. Larceny Act, 1916 229 (5) (Not applied.) 41. (Not applied.) 42. (Not applied.) 43. (I) Whenever any person is being proceeded against for Evidence. receiving any property, knowing it to have been stolen, or for having in his possession stolen property, for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceedings- (a) the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his possession; (b) the fact that within the five years preceding the date of the offence charged he was convicted of any offence involving fraud or dishonesty. This last-mentioned fact may not be proved unless- (i) seven days' notice in writing has been given to the offender th~t proof of such previous conviction is intended to be given; (ii) evidence has been given that the property in respect of which the offender is being tried was found or had been in his possession. (2) No person shall be liable to be convicted of any offence against sections six, seven subsection (l ), twenty, twenty-one, and twenty-two of this Act upon any evidence whatever in respect of any act done by him, if at any time previously to his being charged with such offence he has first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity in any action, suit, or proceeding which has been bona fide instituted by any person aggrieved. (3) In any proceedings in respect of any offence against sections six, seven subsection (1 ), twenty, twenty-one, and twenty-two of this Act, a statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy shall not be admissible in, evidence against that person. 44. (Not applied.) 45. (Not applied.) 46. (l) In this Act, unless the context otherwise requiresthe expression " chief officer of police " means- Interpretation, 230 Larceny Act, 1916 (a) in the city of London, the Commissioner of City Police; (b) in the Metropolitan Police District, the Commissioner of Police of the Metropolis; (c) in any other police district in England, the officer having the chief command of the police in such police district; (d) in the police district of Dublin Metropolis, either of the commissioners of police for the said district; (e) in any other police district in Ireland, the subinspector of the Royal Irish Constabulary; and shall include any person authorised by such said chief officer of police to act in his behalf; the expression " document of title to goods " includes any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to ; . the expression " document of title to lands " includes any deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title, to any real estate or to any interest in or out of any real estate; the expression "mail," "mail bag," "officer of the Post Office," " postal packet," "post office," and "in course of transmission by post," shall have the same meanings in this Act as in the Post Office Act, 1908; the expression " night " means the interval between nine o'clock in the evening and six o'clock in the morning of the next succeeding day; the expression " property " includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise; ~: ,. r ~ ~ 'l ~ _________L_a_r_ce_n_y_A_ct_,_1_9_16____________2_3_1 the expression " trustee " means a trustee on some express trust created by some deed, will, or instrument in writing, and includes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust shall have devolved or come, and also an executor and administrator, and an official receiver, assignee, liquidator, or other like officer acting under any present or future Act relating to joint stock companies or bankruptcy; the expression " valuable security " includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of any part of His Majesty's Dominions, or of any foreign state, or in any stock, annuity, fund, or debt of any body corporate, company, or society, whether within or without His Majesty's Dominions, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order, or other security for payment of money, or any accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods as hereinbefore defined. {2) The expression "dwelling-house" does not include a building although within the same curtilage with any dwellinghouse and occupied therewith unless there is a communication between such building and dwelling-house, either immediate or by means .of a covered and enclosed passage leading from one to the other. {3) References in this Act to any Act in force at the commencement of this Act shall be held to include a reference to that Act as amended, extended, or applied by any other Act. 47. (l) Where, by virtue of some other Act, an offence Savings. against this Act subjects the offender to any forfeiture or disqualification, or to any penalty other than penal servitude or fine, the liability of the offender to punishment under this Act shall be in addition to and not in substitution for his liability under such other Act. (2) Where an offence against this Act is by any other Act, whether passed before or after the commencement of this Act, made punishable on summary conviction, proceedings may be taken either under such other Act or under this Act: Provided that where such an offence was at the commencement of this Act punishable only on summary conviction, it shall remain only so punishable. Short title and commencement. 48. (1) The enactments specified in the Schedule to this Act are hereby repealed as to England and Ireland to the extent specified in the third column thereof. 49. (Not applied.) 50. This Act may be cited as the Larceny Act, 1916, and shall come into operation on the first day of January nineteen hundred and seventeen. * The schedule is omitted from this printing of the sections which have been applied.