took it under that belief, but afterwards discovered its value and
retained it, the court was equally divided as to whether the prisoner
was guilty of larceny at common law, but held that he was not
guilty of larceny as a bailee. Legislation has considerably affected
the procedure in prosecutions for larceny. The inconveniences of
the common law rules of interpretation of indictments led to certain
amendments of the law, now contained in the Larceny Act, for
the purpose of avoiding the frequent failures of justice owing to the
strictness with which indictments were construed. Three larcenies
of property of the same person within six months may now be
charged in one indictment. On an indictment for larceny the prisoner
may be found guilty of embezzlement, and vice versa; and if the
prisoner be indicted for obtaining goods by false pretences, and the
offence turn out to be larceny, he is not entitled to be acquitted of
the misdemeanour. A count for receiving may be joined with the
count for stealing. In many cases it is unnecessary to allege or
prove ownership of the property the subject of the indictment.
The act also contains numerous provisions as to venue and the
apprehension of offenders. In another direction the powers of
courts of Summary Jurisdiction (q.v.) have been extended, in the
case of charges of larceny, embezzlement and receiving stolen
goods, against children and young persons and against adults pleading
guilty or waiving their right to trial by jury. The maximum
punishment for larceny is fourteen years’ penal servitude, but this
can only be inflicted in certain exceptional cases, such as horse or
cattle stealing and larceny by a servant or a person in the service
of the crown or the police. The extreme punishment for simple
larceny after a previous conviction for felony is ten years’ penal
servitude. Whipping may be part of the sentence on boys under
sixteen.
Scotland.—A vast number of acts of the Scottish parliament dealt with larceny. The general policy of the acts was to make larceny what was not larceny at common law, e.g. stealing fruit, dogs, hawks or deer, and to extend the remedies, e.g. by giving the justiciar authority throughout the kingdom, by making the master in the case of theft by the servant liable to give the latter up to justice, or by allowing the use of firearms against thieves. The general result of legislation in England and Scotland has been to assimilate the law of larceny in both kingdoms. As a rule, what would be larceny in one would be larceny in the other.
United States.—The law depends almost entirely upon state legislation, and is in general accordance with that of England. The only acts of Congress bearing on the subject deal with larceny in the army and navy, and with larceny and receiving on the high seas or in any place under the exclusive jurisdiction of the United States, e.g. Alaska.
Alaska.—Stealing any goods, chattels, government note, bank note, or other thing in action, books of account, &c., is larceny: punishment, imprisonment for not less than one nor more than ten years if the property stolen is in value over $35. Larceny in any dwelling-house, warehouse, steamship, church, &c., is punishable by imprisonment for not less than one nor more than seven years. Larceny of a horse, mule, ass, bull, steer, cow or reindeer is punishable by imprisonment for not less than one nor more than fifteen years. Wilfully altering or defacing marks or brands on such animals is larceny (Pen. Code Alaska, § 45, 1899).
Arizona.—Appropriating property found without due inquiry for the owner is larceny (Penal Code, § 442). “Dogs are property and of the value of one dollar each within the meaning of the terms ‘property’ and ‘value’ as used in this chapter” (id. § 448). Property includes a passage ticket though never issued. Persons stealing property in another state or county, or who receive it knowing it to be stolen and bring it into Arizona, may be convicted and punished as if the offence was committed there (id. § 454). Stealing gas or water from a main is a misdemeanour.
Iowa.—It is larceny to steal electricity, gas or water from wires, meters or mains (L. 1903, ch. 132).
New York.—Larceny as defined by § 528 of the Penal Code includes also embezzlement, obtaining property by false pretences, and felonious breach of trust (People v. Dumar, 106 N.Y. 508), but the method of proof required to establish these offences has not been changed. Grand larceny in the first degree is (a) stealing property of any value in the night time; (b) of $25 in value or more at night from a dwelling house, vessel or railway car; (c) of the value of more than $500 in any manner; in the second degree (a) stealing in any manner property of the value of over $25 and under $500; (b) taking from the person property of any value; (c) stealing any record of a court or other record filed with any public officer. Every other larceny is petit larceny. “Value” of any stock, bond or security having a market value is the amount of money due thereon or what, in any contingency, might be collected thereon; of any passenger ticket the price it is usually sold at. The value of anything else not fixed by statute is its market value. Grand larceny, in the first degree, is punishable by imprisonment not exceeding ten years; in the second degree, not exceeding five years. Petit larceny is a misdemeanour (Penal Code, §§ 530–535). Bringing stolen goods into the state knowing them to be stolen is punishable as larceny within the state (id. § 540). A “pay ticket” for removing a load of snow may be the subject of larceny and its value the amount to be paid on it. (People v. Fletcher [1906] 110 App. D. 231).
Kansas.—The owner of goods who takes them from a railroad company with intent to defeat its lien for transportation charges is guilty of larceny. (Atchison Co. v. Hinsdell [1907] 90 Pac. Rep. 800).
Massachusetts.—Larceny includes embezzlement and obtaining money by false pretences. (Rev. L. 1902, ch. 218, § 40.) The failing to restore to or to notify the owner of property removed from premises on fire is larceny (id. ch. 208, § 22). It is larceny to purchase property (payment for which is to be made on or before delivery) by means of a false pretence as to means or ability to pay, provided such pretence is signed by the person to be charged. Indictment for stealing a will need not contain an allegation of value (id. § 29). A person convicted either as accessory or principal of three distinct larcenies shall be adjudged “a common and notorious thief” and may be imprisoned for not more than twenty years (id. 31). On second conviction for larceny of a bicycle, the thief may be imprisoned for not more than five years. Larceny of things annexed to realty is punishable as if it were a larceny of personal property (id. §§ 33, 35).
Ohio.—Stealing “anything of value” is larceny (Bates Stats. § 6856). Tapping gas pipes is punishable by fine or imprisonment for not more than thirty days. Stealing timber having “timber dealers’ ” trade mark, or removing it from a stream, is punishable by a fine of not less than $20.
Utah.—It is grand larceny to alter the mark or brand on an animal (L. 1905, ch. 38).
Wyoming.—For branding or altering or defacing the brand on cattle with intent to steal, the penalty is imprisonment for not more than five years. It is larceny for a bailee to convert with intent to steal goods left with or found by him (Rev. Stats. §§ 4986, 4989).
Washington.—A horse not branded, but under Code § 6861 an “outlaw,” the owner being unknown, can be the subject of a larceny, having been held to be property of the state. (State v. Eddy [1907], 90 Pac. Rep. 641). For the third offence of such a larceny the penalty is imprisonment for life (L. 1903, ch. 86).
See also Embezzlement; Cheating; False Pretences; Robbery; Stolen Goods.
LARCH (from the Ger. Lärche, M.H.G. Lerche, Lat. larix), a name applied to a small group of coniferous trees, of which the common larch of Europe is taken as the type. The members of the genus Larix are distinguished from the firs, with which they were formerly placed, by their deciduous leaves, scattered singly, as in Abies, on the young shoots of the season, but on all older branchlets growing in whorl-like tufts, each surrounding the extremity of a rudimentary or abortive branch; they differ from cedars (Cedrus), which also have the fascicles of leaves on arrested branchlets, not only in the deciduous leaves, but in the cones, the scales of which are thinner towards the apex, and are persistent, remaining attached long after the seeds are discharged. The trees of the genus are closely allied in botanic features, as well as in general appearance, so that it is sometimes difficult to assign to them determinate specific characters, and the limit between species and variety is not always very accurately defined. Nearly all are natives of Europe, or the northern plains and mountain ranges of Asia and North America, though one (Larix Griffithii) occurs only on the Himalayas.
The common larch (L. europaea) is, when grown in perfection, a stately tree with tall erect trunk, gradually tapering from root to summit, and horizontal branches springing at irregular intervals from the stem, and in old trees often becoming more or less drooping, but rising again towards the extremities; the branchlets or side shoots, very slender and pendulous, are pretty thickly studded with the spurs each bearing a fascicle of thirty or more narrow linear leaves, of a peculiar bright light green when they first appear in the spring, but becoming of a deeper hue when mature. The yellow stamen-bearing flowers are in sessile, nearly spherical catkins; the fertile ones vary in colour, from red or purple to greenish-white, in different varieties; the erect cones, which remain long on the branches, are above an inch in length and oblong-ovate in shape, with reddish-brown scales somewhat waved on the edges, the lower bracts usually rather longer than the scales. The tree flowers in April or May, and the winged seeds are shed the following autumn. When standing in an open space, the larch grows of a nearly conical
