Odger's English Common Law

BOOK II.—PART IV.
OFFENCES AGAINST PROPERTY.
Chapter I.
LARCENY.
Our law has ever been vigilant to protect the rights of
property. In ancient times excessive rigour prevailed.
Even at the commencement of the last century any one who
forged a bank note was hanged. If a man stole any property
valued at five shillings—if he stole anything above the value
of one shilling from the person—or anything at all, whatever
its value, from a bleaching ground—he was hanged. But this
severity has been greatly relaxed, though at the same time
many new offences have been created with, the object of
protecting property and punishing fraud.
Of offences against property, that which most frequently
occurs is larceny or stealing.
Larceny.
Larceny is the wilful and wrongful taking possession of
and carrying away the goods of another without his consent,
with intent to deprive him of all benefits of his ownership.
The law on this subject has now been codified by the Larceny
Act, 1916. 1 The definition of stealing given in this Act is
as follows :
—
" A person steals who, without the consent of the owner,
fraudulently 2 and without a claim of right made in good
1 6 & 7 Geo. V. u. 60. Henceforth in this chapter the phrase " the Larceny Act " is
used to denote the Act of 1916, and references to sections without mention of any Act
are references to sections in this Act.
2 We venture to regret the use of the word "fraudulently" in this definition. It
seems to imply that goods cannot be stolen openly and undisguisedly so that the owner
knows what is taking place.