Petit Larceny - Law Dictionary Search Results

Home Dictionary Name: petit larceny

Petit larceny

Petit larceny, stealing of goods of the value of a shilling or under. The distinction between grand and petit larceny was abolished by 7 & 8 Geo. 4, c. 29, s. 2....

petit larceny

petit larceny see larceny ...

larceny pl: -nies [modification of Anglo-French larcine theft, from Old French larrecin, from Latin latrocinium robbery, from latron- latro mercenary soldier, brigand] : the unlawful taking and carrying away of personal property with the intent to deprive the rightful owner of it permanently ;also : any of several types of theft (as embezzlement or obtaining another's property by false pretenses) that have been traditionally distinguished from larceny NOTE: Under the Model Penal Code and in states that follow it, larceny is a type of theft. In states where larceny is currently defined as a separate crime, it may include the crimes that were distinct from it under common law. grand larceny : felonious larceny of property having a value greater than an amount fixed by law ;also : larceny accompanied by aggravating circumstances (as the use of threats) larceny by trick : larceny of property obtained by the use of misrepresentation esp. in getting an owner to hand over something i...

petty larceny

petty larceny : petit larceny at larceny ...

Burglary

Burglary [fr. burg, Sax., a house, and larron, a thief, fr. latro, Lat.]. At Common Law burglary is the breaking and entering of the dwelling-house of another in the night-time with intent to commit a felony therein. S. 25 of the (English) Larceny Act, 1916, provides that-Means the act of breaking and entering an inhabited structure (as a house) especially at night with intent to commit a felony (as murder or larcency), the act of entering or remaining unlawfully (as after closing to the public) in a building with intent to commit a crime (as a felony). The crime of burglary was originally defined under the common law to protect people, since there were other laws, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.Burglary, is the common law offence of breaking and entering another's dwelling at night with the intent to commit a felony. The modern statutory offence of breaking and entering any building not just a dwelling and not only at night - with the intent to commit a felony....

Larceny

Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...

Sessions of the peace

Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...

Restitution of stolen goods

Restitution of stolen goods. By the Common Law there was no restitution of goods upon an indictment, because it is at the suit of the Crown only; therefore the party was enforced to bring an appeal of robbery in order to have his goods again; but a writ of restitution was authorized to be granted by 21 Hen. 8, c. 11, and it became the practice of the court, upon the conviction of a felon, to order, without any writ, immediate restitution of such goods as were brought into Court to be made to the several prosecutors. The Larceny Act, 1916, s. 45, gives power to the court to award from time to time writs of restitution for stolen property, or to order the restitution thereof in a summary manner, upon a conviction of the guilty party. This restitution reaches the stolen goods (unless they be negotiable instruments) notwithstanding that the guilty party may have sold them for value to an innocent purchaser [see s. 24 (1), Sale of Goods Act, 1893], but see MARKET OVERT; a sum not exceeding ...

theft

theft [Old English thiefth] : larceny ;broadly : a criminal taking of the property or services of another without consent NOTE: Theft commonly encompasses by statute a variety of forms of stealing formerly treated as distinct crimes. grand theft : theft of property or services whose value exceeds a specified amount or of a specified kind of property (as an automobile) NOTE: Grand theft is a felony. identity theft : the unauthorized use of another's means of identification (as name or social security number) for the purpose of commiting theft or another crime petty theft : theft of property or services whose value is below a specified amount called also petit theft NOTE: Petty theft is a misdemeanor but may be aggravated by prior convictions. ...

Husband and wife

Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...

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