AN ACT RESPECTING LARCENY AND

OTHER SIMILAR OFFENCES.

32-33 VICT., CHAP. 21.

Whereas it is expedient to assimilate, amend and consolidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, relating to larceny and other similar offences, and to extend the same as so consolidated, to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows.

Sect. 1. In the interpretation of this Act:

1stly. The term " document of title to goods" shall include any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold, note, or any other document used in the ordinary course of business as proof of the possession or control of goods, authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.

2ndly. The term "document of title to lands" shall include any deed, map, paper or parchment written or printed, or partly written and partly printed, being or containing evidence of the title, or any part of the title

to any real estate, or to interest in or out of any real estate,or any notarial or registrar's copy thereof, or any duplicate instrument, memorial, certificate, or document authorized or required by any law in force in any part of Canada respecting registration of titles, and relating to such title..

3rdly. The term "trustee " shall mean a trustee on some express trust created by some deed, will or instrument in writing, or a trustee of personal estate created by parol, and shall include the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust may have devolved or come, and also an executor and administrator, and an official manager, assignee, liquidator, or other like officer acting under any present or future Act relating to joint stock companies bankruptcy or insolvency, and any person who is by the law of the Province of Quebec, an "administrateur;" and the word "trust" shall include whatever is by that law an "administration."

4thly. The term " valuable security" shall include any order, exchequer acquittance or other security whatsover entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of Canada, or of any Province therein, or of the United Kingdom or of Great Britain or Ireland, or of any British Colony or Possession, or of any foreign state, or in any fund of any body corporate, company or society whether within Canada or the United Kingdom, or any British Colony or Possession, or in any foreign state or country, or to any deposit in any savings bank or other bank, and shall also include any debenture, deed, bond, bill, note, warrant, order or other security whatsoever for money or for payment of money, whether of Canada, or of any Province therein, or of the United Kingdom, or of any British Colony or Possession, or of any foreign state, and

any document of title to lands or goods as herein before defined, and any stamp or writing which secures or evidences title to or interest in any chattel personal, or any release, receipt, discharge, or other instrument evidencing payment of money, or the delivery of any chattel personal; and every such valuable security shall, where value is material, be deemed to be of value equal to that of such unsatisfied money, chattel personal, share, interest or deposit, for the securing or payment of which, or delivery, or transfer or sale of which, or for the entitling or evidencing title to which such valuable security is applicable, or to that of such money or chattel personal, the payment or delivery of which is evidenced by such valuable security.

5thly. The term "property" shall include every description of real and personal property, money, debts and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and shall also include not only such property as may have been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

6thly. The term "cattle" shall include any horse, mule, ass, swine, or goat, as well as any neat cattle or animal of the Bovine species, and whatever be the age or sex of the animal, and whether castrated or not, and by whatever technical or trivial name it may be known, and shall apply to one animal, as well as to many.

7thly. The term "banker" shall include any director of any incorporated bank or banking company.

8thly. The term "writing" shall include any mode in which and any material on which words or figures at

length or abridged are written, printed or otherwise expressed, or any map or place is inscribed.

9thly. The term "testamentary instrument" shall include any will, codicil, or any other testamentary writing or appointment, as well during the life of the testator whose testamentary disposition it purports to be as after his death, where the same relates to real or personal estate, or both.

10thly. The term "municipality" shall include the corporation of any city, town, village, township, parish, or other territorial or local division of any Province of Canada, the inhabitants whereof are incorporated or have the right of holding property for any purpose.

Whenever the having anything in the possession of any person, is in this Act expressed to be an offence, then if any person has any such thing in his personal custody or possession, or knowingly or wilfully has any such thing in any dwelling-house or other building, lodging, apartment, field, or other place open or enclosed, whether belonging to, or occupied by himself or not, and whether such matter or thing be so had for his own use or benefit, or for that of another, such person shall be deemed to have such matter or thing in his custody or possession within the meaning of this Act, and where there are two or more persons, any one or more of whom, with the knowledge and consent of the rest, has any such thing in his or their custody or possession, it shall be deemed and taken to be in the custody and possession of all of them.

For the purposes of this Act, the night shall be deemed to commence at nine of the clock in the evening of each day, and to conclude at six of the clock in the morning of the next succeeding day, and the day shall include the remainder of the twenty-four hours.-Sect. 1, 24-25 Vict., ch. 96, Imp.

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The words in italics, and 6thly, 7thly, 8thly, 9thly, and 10thly are not in the English Act.

Sections 17 to 26, of the Procedure Act of 1869, contain various enactments as to description of property, money, written instruments, owners thereof, &c., &c., in indictments.

DISTINCTION

BETWEEN GRAND AND PETIT LARCENY
ABOLISHED.

Sect. 2.-Every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand larceny was before the distinction between grand and petit larceny was abolished.—Sect. 2, 24-25 Vict., ch. 96, Imp.

Grand larceny was when the value of the thing stolen was above twelve pence; petit larceny, when the thing stolen was of the value of twelve pence or under. This distinction was abolished in England, on the 21st day of June, 1827.

LARCENY BY BAILEES.

Sect. 3.-Whosoever being a bailee of any chattel, money or valuable security, fraudulently takes or converts the same to his own use, or to the use of any person other than the owner thereof, although he do not break bulk or otherwise determine the bailment, is guilty of larceny, and may be convicted thereof upon an indictment for larceny; but this section shall not extend to any offence punishable on summary conviction.-Sect. 3, 24-25 Vict., ch. 96, Imp.

Greaves, on this clause, remarks: "Although there is no doubt that a person might have been convicted of any offence within this clause on a common indictment for larceny,-Reg. vs. Haigh, 7 Cox 403,-as it expressly