latter the property is passed to the defendant, but this is brought about by fraud. Here, again, subtle questions arise as to the authority to pass the property, &c.

The distinction of Robbery from other kinds of larceny Robbery. is, that in the former case there must have been a felonious taking from the person, or in the presence of another accompanied either by violence or a putting to fear.

In Burglary there is a limitation in certain respects Burglary. not necessary in simple larceny: as to the time, viz., at night; as to the place, viz., a dwelling-house; as to the manner, viz., the breaking and entering, or breaking out. In one point burglary is wider in its scope-there need not be an actual larceny; it will suffice if there is an intent to commit a felony.

house

Between Burglary and Housebreaking the distinction Burglary and is that the former must be committed at night, and is breaking. more limited with respect to the buildings which are its subjects.

ceny in a

Between Housebreaking and Larceny in a dwelling- Housebreakhouse there is the distinction as to the breaking, and ing and lar also as to the building, as to which the latter crime is dwellingon the same footing as burglary.

house.

nition of theft.

Sir James Stephen (m) proposes a comprehensive Proposed defidefinition of theft, to include not only all that usually now goes by the name of Larceny, but also Embezzlement, Obtaining by False Pretences, and other " illegal and malicious transfers of any of the advantages, derived from property, from the person entitled to them to some other person," thereby abolishing "five or six useless and intricate distinctions between cognate crimes," and doing away with "all the technicalities.

(m) Gen. View of Crim. Law, 129.

The definition.

Its innovations.

about the kinds of property which are the subjects of larceny, and with those which arise out of the obscure doctrine of possession.

The definition is "To steal is unlawfully, and with intent to defraud, by taking, by embezzlement, by obtaining by false pretences, or in any other manner whatever, to appropriate to the use of any person any property whatever, real or personal, in possession or in action, so as to deprive any other person of the advantage of any beneficial interest at law, or in equity, which he may have therein."

This definition "would include a great variety of fraudulent breaches of trust, many of which are now unpunished, or are punished, if at all, by special enactments, the construction of which is doubtful." The chief points in which it differs from the existing law are two: (a) "It takes, as the test of criminality, an intention to defraud at the time of appropriation of the property, and not at the time of its asportation." It is obvious that the moment of appropriation is the really critical time. (b) "It views, as the subject-matter of larceny, the beneficial interest of the proprietor, and not his specific right of possessing a specific thing." Thus the temporary use of an article would be as much the subject of larceny, if obtained with the intent to defraud, as the absolute permanent deprivation.

CHAPTER V.

FORGERY.

described.

FORGERY may be described, in general terms, as the Forgery false making (or alteration) of an instrument (or part thereof) which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud (n).

The statute law on this subject is chiefly contained in one of the Consolidated Acts of 1861-The Forgery and False Personation Act (o). These laws are not careful to bring themselves within the compass of any definition; and they frequently deal with offences which do not strictly fall under the principal heading. Thus, in the Forgery Act, we shall find noticed many offences which, "though not amounting to forgery, facilitate, or are steps towards the commission of that crime, or are of a somewhat similar nature."

false pre

tences.

It may be premised that forgery is very closely allied Forgery and to obtaining by false pretences (p). Indeed, "if there were no special provisions on the subject, many cases of forgery would be punishable as cases of obtaining goods or money by false pretences" (q). It is needless to say that forgery is treated as a much more serious crime than false pretences.

We shall, in the first place, notice with what instru

(n) v. 2 East, P. C. 991; 4 Bl. 247.

(0) 24 & 25 Vict. c. 98. When merely a section is quoted in this chapter it must be understood to be a section of this statute.

(p) v. p. 244.

(9) Fitz. St. 141.

Needless verbosity of the Forgery

Act.

Instruments dealt with in the Forgery Act enumerated.

ments the statute deals, and what are left to the punishment at common law; and then examine the nature of the crimes which may be committed with regard to these instruments.

The statute is a model of excessive and needless intricacy. It consists of fifty-six sections, of which about half are merely enumerations of particular classes of instruments which it is felony to forge. Inasmuch as in almost every case the punishment is the same, “the greater part of the law is perfectly needless, and might be condensed into one section as follows: 'Whosoever maliciously, and for the purpose of fraud or deceit, shall forge anything written, printed, or otherwise made capable of being read, or utter any such forged thing, knowing the same to be forged, shall, upon conviction, be sentenced to penal servitude for life, or for any term not less than three (r) years, or to imprisonment, with or without hard labour, for any term not exceeding two years (s).

But as we are concerned with the law as it is, not as it might be, it will be our task to enumerate the classes of instruments, the forging, or altering, or the offering, uttering, disposing of or putting off (knowing the same to be forged or altered) of which is a felony. In each case, unless otherwise specified, the punishment is that indicated above, viz., penal servitude from five years to life, or imprisonment not exceeding two years.

The Great Seal of the United Kingdom; the Queen's Privy Seal; her Royal Sign Manual, &c.; and documents to which any of these are attached (sect. 1).

Transfer of stock, power of attorney, &c. (sect. 2.)

(r) Now five.

(8) Fitz. St. 142.

Attestation to a power of attorney, &c. Maximum of penal servitude, seven years (sect. 4).

False entry or alteration in the books of the public funds (sect. 5).

False dividend-warrant by employés of Bank of England or Bank of Ireland. Maximum, seven years (sect. 6).

East India bonds (t) (sect. 7).

Exchequer bills, bonds, or debentures (u) (sect. 8). Bank notes, bills, &c., or indorser's assignment thereof (sect. 12).

Deeds, bonds, assignments of bonds, or names of attesting witnesses (sect. 20).

Wills, codicils, &c. (sect. 21).

Bills of exchange, or any acceptance, indorsement, or assignment thereof; promissory notes, or any indorsement or assignment thereof (x) (sect. 22).

Undertakings, warrants, orders, receipts, &c., for payment of money, delivery or transfer of goods, &c. (sect. 23).

Obliterating or altering crossings on cheques (sect.

25).

Debentures. Maximum, fourteen years (sect. 26). Proceedings of courts of record or equity, &c. Maximum, seven years (sect. 27).

False copies or certificates of record by an officer of

(t) For statutes dealing with forgery of other East India Securities, v. Arch. 655.

(u) See also 29 & 30 Vict. c. 25, s. 15. Also metropolitan bills by 41 & 42 Vict. c. 37, s. 20.

(x) v. s. 24 as to making, accepting, &c., any bill, note, &c., by procuration or otherwise, for any other person, without authority; or uttering the same knowing it to have been so made, &c. The punishment is penal servitude to the extent of fourteen years.