The Larceny Act 1861 (24 & 25 Vict c 96) was an Act of the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...

of the

United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great B ...

(as it then was). It consolidated provisions related to

larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...

and similar offences from a number of earlier

statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the

Criminal Law Consolidation Acts 1861 The Criminal Law Consolidation Acts 1861 (24 & 25 Vict. cc. 94 – 100) were Acts of the Parliament of the United Kingdom. They consolidated provisions from a large number of earlier statutes which were then repealed. Their purpose was to simplify ...

. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the

Larceny Act 1827 Larceny Act (with its variations) is a stock short title which was formerly used for legislation in the United Kingdom and in the Republic of Ireland relating to larceny and other offences against property. The Bill for an Act with this short titl ...

(7 & 8 Geo 4 c 29) (and the equivalent Irish Act), incorporating subsequent statutes.

England and Wales

This Act was repealed for

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

by section 33(3) of, and Part I of Schedule 3 to, the

Theft Act 1968 The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of decepti ...

Republic of Ireland

This Act was retained for the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...

by section 2 of an
Part 4
of Schedule 1 to, the Statute Law Revision Act 2007. Sections 12, 16, 24 and 25 continue in force.

Provisions

Section 1 - Interpretation of terms The words from "the term 'trustee'" to "bankruptcy or insolvency", and from "for the purposes of this Act, the night" to "succeeding day" were repealed by section 48(1) of, and the Schedule to, the

Larceny Act 1916 The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the Ac ...

. Section 2 - All larcenies to be of the same nature Davis said that the marginal note to this section ("all larcenies to be of the same nature") was "imperfect" and that this was "obvious". This section was repealed by section 48(1) of, and the Schedule to, the

. Section 3 - Bailees fraudulently converting property guilty of larceny This section was repealed by section 48(1) of, and the Schedule to, the

. Section 4 - Punishment for simple larceny This section was repealed by section 48(1) of, and the Schedule to, the

. Section 5 - Three larcenies within six months may be charged in one indictment This section was repealed by section 48(1) of, and the Schedule to, the

. Section 6 - Where a single taking is charged and several takings at different times are proved This section was repealed by section 48(1) of, and the Schedule to, the

. Section 7 - Larceny after a conviction for felony This section was repealed by section 48(1) of, and the Schedule to, the

. Section 8 - Larceny after conviction of an indictable misdemeanour under this Act This section was repealed by section 48(1) of, and the Schedule to, the

. Section 9 - Larceny after two summary convictions This section was repealed by section 48(1) of, and the Schedule to, the

As to larceny of cattle or other animals

Section 10 - Stealing horses, cows, sheep etc. This section was repealed by section 48(1) of, and the Schedule to, the

. Section 11 - Killing animals with intent to steal the carcase etc. This section was repealed by section 48(1) of, and the Schedule to, the

. Section 12 - Stealing deer in an uninclosed part of a forest Section 13 - Stealing deer in any inclosed ground Section 14 - Suspected persons found in possession of venison etc. and not satisfactorily accounting for it Section 15 - Setting engines for taking deer or pulling down park fences Section 16 - Deer keepers may seize the guns etc. of offenders who, on demand, do not deliver up the same Section 17 - Killing etc. hares or rabbits in a warren Section 18 - Stealing dogs The words from "and whosever" to the end were repealed by section 48(1) of, and the Schedule to, the

. Section 19 - Possession of stolen dogs The words from "and whosoever" to the end were repealed by section 48(1) of, and the Schedule to, the

. Section 20 - Taking money to restore dogs This section was repealed by section 48(1) of, and the Schedule to, the

. Section 21 - Stealing beasts or birds ordinarily kept in confinement and not the subject of larceny Section 22 - Persons found in possession of stolen beasts etc. liable to penalties Section 23 - Killing pigeons Section 24 - Taking fish in any water situate in any land belonging to a dwellinghouse or in a private fishery elsewhere Section 25 - The tackle of fishers may be seized Section 26 - Stealing or dredging for oysters in oyster fisheries The words from the beginning of the section to "simple larceny and" were repealed by section 48(1) of, and the Schedule to, the

As to larceny of written instruments

Section 27 - Bonds, bills, notes etc. The words "shall steal or" were repealed by section 48(1) of, and the Schedule to, the

. Section 28 - Deeds etc. relating to real property The words "shall steal or" were repealed by section 48(1) of, and the Schedule to, the

. Section 29 - Testator Section 30 - Stealing records or other legal documents The words "shall steal or" were repealed by section 48(1) of, and the Schedule to, the

As to larceny of things attached to or growing on land

Section 31 - Metal, glass, wood, etc. fixed to house or land This section was repealed by section 48(1) of, and the Schedule to, the

. Section 32 - Trees in pleasure grounds of the value of 1l or elsewhere of the value of 5l This section was repealed by section 48(1) of, and the Schedule to, the

. Section 33 - Stealing trees, shrubs etc. The words from "and whosever having been twice convicted" to the end of the section were repealed by section 48(1) of, and the Schedule to, the

. Section 34 - Stealing etc. any live or dead fence, wooden fence, stile or gate Section 35 - Suspected persons in possession of wood etc. not satisfactorily accounting for it Section 36 - Stealing etc. any fruit or vegetable in a garden etc. punishable on summary conviction for first offence The words from "and whosever" to the end of the section were repealed by section 48(1) of, and the Schedule to, the

. Section 37 - Stealing etc. vegetable productions, not growing in gardens

As to larceny from mines

Section 38 - Ore of metal, coal etc. This section was repealed by section 48(1) of, and the Schedule to, the

. Section 39 - Miners removing ore with intent to defraud

As to larceny from the person and other like offences

Section 40 - Robbery or stealing from the person This section was repealed by section 48(1) of, and the Schedule to, the

. Section 41 - On trial for robbery, jury may convict of an assault with intent to rob This section was repealed by section 48(1) of, and the Schedule to, the

. Section 42 - Assault with intent to rob This section was repealed by section 48(1) of, and the Schedule to, the

. Section 43 - Robbery or assault by a person armed or by two or more or robbery and wounding This section was repealed by section 48(1) of, and the Schedule to, the

. Section 44 - Letter demanding money etc. with menaces This section was repealed by section 48(1) of, and the Schedule to, the

. Section 45 - Demanding money etc. with menaces or by force with intent to steal This section was repealed by section 48(1) of, and the Schedule to, the

. Section 46 - Letter threatening to accuse of crime with intent to extort This section was repealed by section 48(1) of, and the Schedule to, the

. Section 47 - Accusing or threatening to accuse with intent to extort This section was repealed by section 48(1) of, and the Schedule to, the

. Section 48 - Inducing a person by violence or threats to execute deeds etc. with intent to defraud This section was repealed by section 48(1) of, and the Schedule to, the

. Section 49 - It shall be immaterial from whom the menaces proceed This section was repealed by section 48(1) of, and the Schedule to, the

As to sacrilege, burglary and housebreaking

Section 50 - Breaking and entering a church or chapel and committing any felony See

sacrilege Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physica ...

. Section 51 - Burglary by breaking out This section was repealed by section 48(1) of, and the Schedule to, the

. Section 52 - Burglary This section was repealed by section 48(1) of, and the Schedule to, the

. Section 53 - What building within the curtailage shall be deemed part of the dwelling-house This section was repealed by section 48(1) of, and the Schedule to, the

. Section 54 - Entering a dwelling-house in the night with intent to commit any felony This section was repealed by section 48(1) of, and the Schedule to, the

. Section 55 - Breaking into any building within the curtailage which is no part of the dwelling-house and committing any felony This section was repealed by section 48(1) of, and the Schedule to, the

. Section 56 - Breaking into any shop, house, warehouse etc., and committing any felony This section was repealed by section 48(1) of, and the Schedule to, the

. Section 57 - Housebreaking etc. with intent to commit any felony This section was repealed by section 48(1) of, and the Schedule to, the

. Section 58 - Being armed with intent to break and enter any house in the night This section was repealed by section 48(1) of, and the Schedule to, the

. Section 59 - The like, after a previous conviction for felony etc. This section was repealed by section 48(1) of, and the Schedule to, the

As to larceny in the house

Section 60 - Stealing in a dwelling-house to the value of 5l This section was repealed by section 48(1) of, and the Schedule to, the

. Section 61 - Stealing in a dwelling-house with menaces This section was repealed by section 48(1) of, and the Schedule to, the

As to larceny in manufactories

Section 62 - Stealing goods in the process of manufacture This section was repealed by section 48(1) of, and the Schedule to, the

As to larceny in ships, wharfs etc

Section 63 - Stealing from ships, docks, wharfs, etc. This section was repealed by section 48(1) of, and the Schedule to, the

. Section 64 - Stealing from a ship in distress or wrecked This section was repealed by section 48(1) of, and the Schedule to, the

. Section 65 - Persons in possession of shipwrecked goods not giving a satisfactory account Section 66 - If any person offers shipwrecked goods for sale, the goods may be seized, etc.

As to larceny or embezzlement by clerks, servants or persons in the public service

Section 67 - Larceny by clerks or servants Section 68 - Embezzlement by clerks or servants Section 69 - Larceny by persons in the Queen's service, or by the police Section 70 - Embezzlement by persons in the Queen's service, or by the police Section 71 - Distinct acts of embezzlement may be charged in the same indictment Section 72 - Persons indicted for embezzlement as a clerk etc., not to be acquitted if the offence turn out to be larceny and vice versa Section 73 - Ebezzlement by officers of the Bank of England or Ireland

As to larceny by tenants or lodgers

Section 74 - Tenant or lodger stealing chattel or fixture let to hire with house or lodgings

As to frauds by agents, bankers or factors

Section 75 - Agent, banker etc., embezzling money or selling securities etc., entrusted to him Section 76 - Bankers etc. fraudulently selling etc. property entrusted to their care Section 77 - Persons under powers of attorney fraudulently selling property This section was repealed by section 48(1) of, and the Schedule to, the

. Section 78 - Factors obtaining advances on the property of their principals This section was repealed by section 48(1) of, and the Schedule to, the

. Section 79 - Definitions of terms This section was repealed by section 48(1) of, and the Schedule to, the

. Section 80 - Trustees fraudulently disposing of property, guilty of a misdemeanour This section was repealed by section 48(1) of, and the Schedule to, the

. Section 81 - Directors etc. of any body corporate or public company fraudulently appropriating property This section was repealed by section 48(1) of, and the Schedule to, the

. Section 82 - Or keeping fraudulent accounts Section 83 - Or wilfully destroying books, etc. Section 84 - Or publishing fraudulent statements Section 85 - No person to be exempt from answering questions in any court, but no person making a disclosure in any compulsory proceeding to be liable to prosecution Section 86 - No remedy at law or in equity shall be affected Section 87 - Certain misdemeanours not triable at sessions

As to obtaining money etc by false pretences

Section 88 - False pretences This section was repealed by section 48(1) of, and the Schedule to, the

. Section 89 - Where money or thing is caused to be paid or delivered to any person other than the person making a false pretence This section was repealed by section 48(1) of, and the Schedule to, the

. Section 90 - Inducing persons by fraud to execute deeds and other instruments This section was repealed by section 48(1) of, and the Schedule to, the

As to receiving stolen goods

Section 91 - Receiving, where the principal is guilty of felony This section was repealed by section 48(1) of, and the Schedule to, the

. Section 92 - Indictment for stealing and receiving This section was repealed by section 48(1) of, and the Schedule to, the

. Section 93 - Separate receivers may be included in the same indictment in the absence of a principal This section was repealed by section 48(1) of, and the Schedule to, the

. Section 94 - On an indictment for jointly receiving, persons may be convicted of separately receiving This section was repealed by section 48(1) of, and the Schedule to, the

. Section 95 - Receiving, where the principal has been guilty of a misdemeanour This section was repealed by section 48(1) of, and the Schedule to, the

. Section 96 - Receiver where triable This section was repealed by section 48(1) of, and the Schedule to, the

. Section 97 - Receivers of property, where the original offence is punishable on summary conviction Section 98 - Principals in the second degree and accessories The words "except only a receiver of stolen property" were repealed by section 48(1) of, and the Schedule to, the

. Section 99 - Abettors in offences punishable on summary conviction

As to restitution and recovery of stolen property

Section 100 - The owner of stolen property prosecuting thief or receiver to conviction shall have restitution of his property This section was repealed by section 48(1) of, and the Schedule to, the

. Section 101 - Taking a reward for helping to the recovery of stolen property without bringing the offender to trial This section was repealed by section 48(1) of, and the Schedule to, the

. Section 102 - Advertising a reward for the return of stolen property etc. Provision was made in relation to this section by sections 3 and 4 of the Larceny (Advertisements) Act 1870 and by the

Common Informers Act 1951 The Common Informers Act 1951 (14 & 15 Geo. 6, c. 39) is an Act of the United Kingdom Parliament that abolishes the principle of, and procedures concerning a common informer. Background A common informer was a person who provided evidence on cri ...

. This section is replaced for England and Wales by section 23 of the

.Ormerod, David. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. p. 254. n. 49.

As to the apprehension of offenders and other proceedings

Section 103 - A person in the act of committing any offence may be apprehended without warrant Section 104 - A person loitering at night and suspected of any felony against this Act may be apprehended Section 105 - Mode of compelling the appearance of persons punishable on summary conviction Section 106 - Application of forfeitures and penalties on summary convictions Section 107 - If a person summarily convicted shall not pay etc., the Justice may commit him Section 108 - Justice may discharge the offender in certain circumstances Section 109 - A summary conviction shall be a bar to any other proceeding for the same cause Section 110 - Appeal Section 111 - No certiorari etc. Section 112 - Convictions to be returned to the Quarter Sessions Section 113 - Venue, in proceedings against persons acting under this Act Section 114 - Stealers of property in one part of the United Kingdom who have the same in any other part of the United Kingdom may be tried and punished in that part of the United Kingdom where they have the property This section was repealed by section 48(1) of, and the Schedule to, the

. Section 115 - Offences committed within the jurisdiction of the Admiralty Section 116 - Form of indictment for a subsequent offence Section 117 - Fine, and sureties for keeping the peace; in what cases Section 118 - Hard labour Section 119 - Solitary confinement and whipping Section 120 - Summary proceedings may be under the 11 & 12 Vict c 43 and in Ireland under 14 & 15 Vict c 93 Section 121 - The costs of the prosecutions of misdemeanors against this Act may be allowed Section 122 - Act not to extend to Scotland Section 123 - Commencement of this Act

References

James Edward Davis James Edward Davis (1817 - 1887) was called to the bar at the Middle Temple in 1842, was stipendiary magistrate at Stoke upon Trent from 1864 to 1870, was police magistrate at Sheffield from 1870 to 1874, and was a friend of Leigh Hunt. Works D ...

, The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory, Butterworths, 1861, pp. v - xviii (introduction

and pp. 20 to 118 (complete annotated text of the Act

(from Google Book Search, Google Books).
List of repeals and amendments in the Republic of Ireland
from the Irish Statute Book.

External links

{{UK legislation United Kingdom Acts of Parliament 1861