Simple Larceny - Law Dictionary Search Results
Home Dictionary Name: simple larcenySimple larceny
Simple larceny, stealing for which no special punishment is provided under the Larceny Act, 1916, or any other Act, Larceny Act, 1916, s. 2. See LARCENY....
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...
Glass
Glass. By the (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 81(1), every person who steals or with intent to steal breaks any glass belonging to any building, shall be guilty of a felony punishable as in the case of simple larceny.By (English) Carriers Act, 1830 (11 Geo. 4 and 1 Will. 4, c. 68), s. 1, a carrier is not liable for loss or damage above 10l. unless such glass has been declared and an increased charge accepted.As to deposit in streets and the power of making byelaws to prevent such a nuisance, see (English) Highways Act, 1835 (5 & 6 Will. 4, c. 50), s. 72; (English) Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), s. 16; Public Health Act, 1875 (38 & 39Vict. c. 55), s. 171; (English) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 28. (English) Under Factories and Workshops Act, 1901 (1 Edw. 7, c. 22), 'Glass works' is a non-textile factory; see ss. 40, 78, regarding meals and meal-times in such works; as to night employment of persons of fourteen and...
Oysters
Oysters. Stealing oysters from oyster beds properly marked out is felony and punishable as simple larceny, i.e., by penal servitude up to three years, or imprisonment up to three years, and, if a male under 16, with or without whipping. Dredging or netting for oysters in a bed is a misdemeanour punishable by imprisonment up to three months, with or without hard labour. See (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), s. 26.Oyster beds are protected by Part III. of the (English) Sea Fisheries Act, 1868 (31 & 32 Vict. c. 45), and a close time for oysters is provided by the Sea (English) Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), being between 15th June and 4th August for 'deep sea oysters,' and between 14th May and 4th August for other oysters. See Chitty's Statutes, tit. 'Fish (Sea),'Oysters are included in the term sea-fish; see (English) Sea-Fishing Industry Act, 1933 (23 & 24 Geo. 5, c. 45).An action in rem will lie for damage caused by the negligent...
Plant
Plant, has been defined as the tools, machinery, fixtures, buildings, grounds, etc. of a factory or business; the apparatus or equipment for a certain mechanical operation or process, Steel City Beverages Ltd. v. State of Bihar, (1996) 1 Pat LJR 868.Plant, has frequently been used in fiscal and other legislation. It is one of a fairly large category of words as to which no statutory definition is provided ('trade', office even 'income' are others), so that it is left to the court to interpret them. It naturally happens that as case follows case, and one extension leads to another, the meaning of the word gradually diverges from its natural or dictionary meaning. This is certainly true for plant, I.R.C. v. Scottish & Newcastle Breweries Ltd., (1982) 1 WLR 322: (1982) 2 All ER 230: 55 TC 252 (HL).Plant, in the relevant sense, although admitted not a term of art, and therefore part of the general English tongue, is not, in this sense, an ordinary word, but one of imprecise application, an...
Previous conviction
Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Tr...
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...
fee simple
fee simple pl: fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)] : a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration ;esp : fee simple absolute in this entry fee simple absolute : a fee that is freely inheritable and alienable without any limitations or restrictions on transfers and that is of indefinite duration NOTE: A fee simple absolute is conveyed by language granting the estate “to the grantee and his or her heirs,” “to the grantee, his heirs and assigns,” or “to the grantee.” The term heirs is considered in this context a word of limitation, and so this does not create a future interest in the estate in the heirs but simply makes the estate freely alienable. fee simple conditional : a fee granted to an individual and to that individual's descendants which is subject to a reversion or remainder if the grantee has no lineal descendants but wh...
Fee-simple
Fee-simple, a freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable there out, and mergeable therein, for omne majus continet in se minus. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another.Littleton, in his Tenures (1. i., c. 1, s. 1), gives a description of this estate, which appears to have been adopted by every subsequent writer. His language is this:-A person who holds 'in fee-simple is he which hath lands or tenements to hold to him and his heirs for ever. And it is called in Latin feodum simplex, for feodum is the same that inheritance is, and simplex is as much as to say lawful or pure. And so feodum simplex signifies a lawful or pure inheritance. For if a m...
petty larceny
petty larceny : petit larceny at larceny ...
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