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put it on the counter, when the prisoner said to her, "You may as well give me the two-shilling piece, and take it all." The prosecutrix took from the money drawer the florin she had received from the prisoner, and put that on the counter, expecting she was to receive two shillings of the prisoner's money in exchange for it. The prisoner took up the fiorin, and the prosecutrix took up the silver sixpence, and the sixpence in copper, put down by the prisoner, and also the shilling put down by herself, and was putting them into the money drawer, when she said she had only got one shilling's worth of the prisoner's money; but at that moment the prisoner's companion drew away her attention, and, before she could speak, the prisoner pushed his companion by the shoulder, and both went out of the shop :-Held that the transaction was not complete, and that the property in the florin had not passed to or revested in the prisoner, and, on that ground, he was rightly convicted of larceny. (a)

A. acted as auctioneer at a mock auction. He knocked down some cloth for 26s. to B., who had not bid for it, as A. knew. B. refused to take the cloth, or to pay for it, and A. refused to allow her to leave the room unless she paid. Ultimately, she paid the 26s. to A., and took the cloth. She paid the 26s. because she was afraid. A. was indicted for, and convicted of feloniously stealing these 26s. -Held that the conviction was right, because, if the force used to B. made the taking a robbery, all the elements of larceny were included in that crime. If the force was not sufficient to constitute a robbery, the taking of the money, nevertheless, amounted to larceny, as B. paid the money to A. against her will, and because she was afraid-Held, further, that, under the circumstances,

(a) Reg. v. M'Kale, L. R. 1 C. C. R. 125; 37 L. J. (M. C.) 97.

it was not necessary that the jury should be asked whether B. paid the money against her will, as, from the evidence stated in the case, it was clear that there could have been no doubt in the minds of the jury that the money was so paid. (a)

A. & B., by false representations, induced C. to become the purchaser of a dress for 25s. They then took one guinea out of her hand, she being taken by surprise, and neither consenting nor resisting, and left with her a dress of considerably inferior value, but refused to give her one, which they had promised to give, if she would buy that. Upon a case reserved, the question put was, whether the facts warranted a verdict of guilty of larceny:-Held, that they did, the Court being bound to assume that it was part of the fraud to obtain the property by a false sale; and, if so, there was no contract, but a fraud, whereby the felony was committed. (b)

A quantity of wheat, not the property of the prosecutors, having been consigned to their care, was deposited in one of their storehouses, under the care of a servant, E., who had authority to deliver only to the orders of the prosecutors, or C., their managing clerk. The prisoner, a servant of the prosecutors, at another storehouse, by representation to E. that he had been sent by C. for some of the wheat and was to take it to the Brighton Railway, which representation was entirely false, obtained the key from E., and was allowed to remove five quarters, which he subsequently disposed of for his own use, the prisoner assisting to put the five quarters into the cart, in which it was conveyed away, and going with it :— Held, upon the facts above, that the prisoner was guilty of larceny; for the wheat was delivered to the prisoner

(a) Reg. v. M'Grath, L. R. 1 C. C. R. 205; 39 L. J. (M. C.) 7.

(b) Reg. v. Morgan, 1 U. C. L. J. 37; Dears, 395.

for a special purpose, namely, to be taken to the Brighton Railway, and the property remained in the prosecutors throughout, as bailees. (a)

It is essential to larceny that there be the intention to divest the owner's property by wrong; where, therefore, the servants of a glovemaker broke open a storeroom on their master's premises, and removed to another room, in the same premises, a quantity of finished gloves, with the intent of fraudulently obtaining payment for them, as for so many gloves finished by themselves :- Held, that they were not guilty of larceny. (b)

Where a man, having the animus furandi obtains, in pursuance thereof, possession of the goods by some trick or artifice, the owner not intending to part with his entire right of property, but with the temporary possession only, this is considered such a taking as to constitute larceny. (c)

It was the course of business at a colliery, where coal was sold by retail, to take the carts, when loaded, to a weighing machine in the colliery yard, where they were weighed, and the price of the coal paid.. The prisoner having gone to the colliery with a fraudulent intent, a servant of the prosecutor, upon the prisoner saying he wanted a load of the best soft coal, loaded prisoner's cart with soft coal, and went away, leaving him to take it to be weighed and pay for it. The prisoner, then fraudulently covered over the soft coal with slack, an inferior coal, and by this trick, and by saying that the coal in the cart was slack, induced the weighing clerk, who did not know that the cart contained the soft coal, to weigh it as slack, and charge the prisoner accordingly :-Held, that the prisoner had obtained possession of the soft coal by a

(a) Reg. v. Robins, 1 U. C. L. J. 17; Dears. C. C. 418.

(b) Reg. v. Poo e, 4 U. C. L. J. 73; 27 L. J. (M. C.) 53; Dears. & B. 345. (c) Arch. Cr. Plág. 333.

trick and that he was properly convicted of larceny. (a) A policeman, late at night, met the prosecutor, who had just parted from a prostitute, and told him that he must go with him (the policeman) to gaol, for he was under a penalty of £1. for talking to a prostitute in the street; but if he would give him 5 shillings, he might go about his business. The prosecutor gave him 4s. 6d, but, while he was searching for the other 6d., the inspector came. It was held to be no answer to the charge, that all the money had not been obtained. The offence was a larceny, and was also a menace within the meaning of the Act. (b)

A porter was employed by the vendor of goods to deliver them to the vendee, but had no authority to receive the money for them. The vendee, however, voluntarily, and without solicitation, paid the porter for the goods. The porter came back to the vendee, and pointed out that he had been paid short, and received the balance. He subsequently converted the money to his own use:— Held, (Lefroy, C. J., dissentiente) that a conviction for larceny was not sustainable. (c)

The ground of the decision, in this case, would seem to be that the porter obtained possession of the money lawfully.

Bailment has been defined to be the giving of any property to any person, for any purpose whatever. (d)

In the case of bailment or contract of hiring, it must have been made to appear that the animus furandi existed at the time of receiving the chattel, and was not induced by anything that happened afterwards. (e) But if the

(a) Reg. v. Bramley, 7 U. C. L. J. 331; L. & C. 21.

(b) Reg. v. Robertson, 11 L. T. Rep. N. S. 387; L. & C. 483; 34 L. J. (M. C.) 35. See also Reg. v. Ewing, 21 U. C. Q. B. 523, as to what constitutes larceny. (c) Reg. v. Wheeler, 14 W. R. 848.

(d) Reg. v. Leboeuf, 9 L. C. J. 247, per Drummond, J.

(e) Pease v. M'Aloon, 1 Kerr. 116, per Parker, J.

circumstances indicated an intention, at the time of obtaining the chattel fraudulently, to convert it to the party's own use, it would have been larceny. (a)

It is conceived that by, the 32 & 33 Vic., c. 21, s. 3, the law in this respect is altered, and that a felonious intent, at the time of obtaining, is not now necessary, for the statute renders a conversion by a bailee larceny; and a bailee acquires lawful possession in the first instance, and the possession would not be lawful if the original intention were felonious.

Even before this statute, although the goods had, in the first instance, been obtained without a felonious intent, yet if the possession of them was obtained by a trespass, the subsequent fraudulent appropriation of them, during the continuance of the same transaction, was a larceny. (b)

A man cannot, however, be convicted of larceny as a bailee, unless the bailment was to re-deliver the very same chattel or money. (c)

The prisoner, a carrier, was employed, by the prosecu tor, to deliver in his (the prisoner's) cart a boat's cargo of coals to persons named in the list, to whom only he was authorised to deliver them. Having fraudulently sold some of the coals, and appropriated the proceeds :- Held, that he was properly convicted of larceny as a bailee, within 24 & 25 Vic., c. 96, s. 3. (d)

Defendant hired a pair of horses from a livery stable, to go to a particular place, and afterwards absconded with them. The jury found that at the first he did not intend to steal, but, having accomplished the object of hiring, he then made up his mind to convert them to his own use :-Held, that he was a bailee within Con. Stats.

(a) Pease v. M'Aloon, 1 Kerr 114, per Chipman, C. J.

(b) See Reg. v. Riley, Dears, 149; 22 L. J. (M. C.) 48.; Arch. Cr. Pldg. 340. (c) R. v. Hoare, 1 F. & F. 647; R. v. Garrett, 2 F. & F. 14; R. v. Hassell, L. & C. 58; 30 L. J. (M. C.) 175.

(d) Reg. v. Davies, 14 W. R. 679; 10, Cox 239.

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