| Chap. 155. |
Theft.
Theft. Now first for the manner.
CHAP. CLV. V. 102.
IN Larceny two things must concur, sc. to
take, and to carry away, or
to , or the thing taken, with a purpose to steal the same; for the
Indictment must be, Cepit & asportavit, or cepit & abduxit;
and yet in
these words, the letter is not so much to be insisted upon, as the meaning,
and that for the better suppressing of offenders in this kind. |
367
§. 1.
The manner. |
|
For although by the Law in Mr. Glanvils time,
A furto omnimodo execusatur,
qui initium habuerit suæ detentionis per dominum illius rei;
yet at this
day it may be Felony, though the offender take not the thing, but comes
first unto it by delivery from the Owners own hand, and so cometh lawfully
to the Possession. |
Delivery. |
13 E. 4. 9.
Stamf. 25. |
If a Taverner do set a piece of Plate before his
Guest to drink in, and
the Guest carrieth it away; this is Felony: For the Taverner gave
him no
Possession thereof, but only the use to drink in it for the time. |
|
|
If I deliver Goods to a Carrier (or other person)
and bargain with him
to carry them to a certain place appointed; if he carrieth them to the
place, and then conveyeth them away fraudulently, this is Felony:
For
the privity of Bailment was determined when they came at the place appointed.
Ibid. |
§. 2.
Carrier. |
|
So if the Carrier shall take out parcel of the Goods;
this is Felony.
Ibid. |
|
|
Also if the Carrier shall carry them to another
place, and there breaketh
them up, and converteth part, or all, to his own use; this is Felony.
Ibid. |
|
|
But if the Carrier shall sell, or give away, or
otherwise imbezle the
whole as he received them; this is holden to be no Felony, because it was
delivered him. Stamf. 25. a. Cromp. 96. a. |
|
|
And yet in this last case there is besides the delivery,
a bargain and
agreement to carry the Goods, and the delivery was only to that intent;
so that the Property of those Goods did always remain in the first owner.
Idea quære. |
|
|
But if A. lendeth his Horse to B. being
a stranger, who rideth quite
away with the Horse; this is no Felony in B. by reason of the delivery.
And so did Sir John Dodderidge Knight, give direction at Cambridge
Assizes,
1617, upon an Indictment of Felony preferred in such case. Quære,
if
the Horse had been delivered to a Servant, who rideth away therewith.
Vide postea, sub hoc tit. |
|
| 7 Jac. c. 7. |
If a Clothier shall deliver any Wool or Yarn to
his Carder, Spinster,
or Weaver, &c. to dress, and they shall convey away, imbezle, or sell
any
part thereof; this seemeth to be no Felony, by reason of the delivery,
but
they shall be punished by the discretion of two Justices of Peace, by whipping
or stocking, &c. Vide antea, tit. Cloth. |
|
| 13 E. 4. 9. |
So if I deliver my Goods to another to keep, and
he fraudulently consumeth
them, or otherwise coverteth them to his own profit; this is no
Felony; because of the delivery. |
|
|
And so (it seemeth) if I deliver Mony or Goods to
A. to deliver to B.
and A. flieth away with them, consumeth them, or converteth
them to
his own use; this is no Felony, by reason of the delivery. |
|
21 H. 4. 14.
13 E. 4. 10.
7 H. 7. 12.
21 H. 7. 15. |
If a Man delivers Mony to his Servant to keep, or
Plate to his Butler,
or Vessel to his Cook, or Horse to his Horse-keeper, or Sheep to his Shepherd,
and such Servant doth go away with them, this is Felony by the |
§. 3.
Servants. |
|
 |
