CO885-(7-8) — Page 334

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

7

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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There shall be deemed to be a taking or a conversion of a thing under the above definition if any person, whether law- fully in possession of the thing or not

(1) pledges it or deposits it as a security; or

(2) parts with it under a condition as to its return which he may be unable to perform ; or

(3) deals otherwise with it in such a manner that at any time it cannot be restored in the condition in which it was at the time of such taking and conversion.

There shall be deemed to be an intent to deprive under the above definition, if any person, whether lawfully in possession of the thing or not, takes or converts it with intent to pledge, deposit, part with, or otherwise deal with it, as aforesaid.

A taking or conversion may be fraudulent although it is effected without secrecy or attempt at concealment.

The act of stealing is not complete until the person taking or converting the thing moves it or actually deals with it by some physical act.

212.-Stealing from Co-owners,

C. 396. a 31 & 32 V.

A taking or conversion of anything capable of being stolen A. 245. may be stealing when it is by the owner from or against a B. 252. person having a special property or interest therein; or by person having a special property or interest therein from or c. 116, ». i. against the owner; or by a lessee from or against his reversioner; or by one of several joint owners, tenants in common, or partners of or in any such thing, from or against the other persons interested therein; or by a director, officer, or member of a corporation, company or society, from or against such corporation, company or society.

213.-Husband and Wife.

During cohabitation a wife is incapable of stealing from her A. 246. husband and a husband of stealing from his wife anything B. 253. except what the one may take when wrongfully leaving or Cf. 45 & 46 deserting, or about wrongfully to leave or desert the other. V. c. 75, s.

Whilst a husband and wife are living apart from each other, either is guilty of stealing if he or she takes or converts any- thing, which is by law the property of the other, in a manner which in any other person would amount to stealing.

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Any person steals who, whilst a husband and wife are living together, knowingly

(1) assists either of them in dealing with anything which is the property of the other in a manner which would amount to stealing if they were not married; or

(2) receives from either of them anything the property of the other obtained from that other by such dealing as aforesaid.

C. 897,

12.

A. 247 (r). B. 268.

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CHAPTER XXII.-PUNISHMENT FOR STEALING.

214.-Punishment for Stealing.

Any person who steals anything, for the stealing of which no other punishment is provided in this code, is guilty of a misdemeanour. He is also guilty of a simple offence if the Vict. c. 96, value of thing stolen is less than £5.

C. 398. 24 & 25

8. 4.

A. 247 (a). B. 254.

C. 398 (II). 24 & 25 Vict. c. 96, 8. 29,

A. 247 (b).

B. 255-6.

7 Will, 4 &

C. 398 (II.)

1 Vict.c.36,

BAL. 27-8.

A. 247 (c) (r).

B. 258.

C. 398 (iv). 24 & 25 V. 0.96, s. 69,

70.

C. 398 (iv).

A. 247 (4). B. 260.

C. 398 (iii). 24 & 25 V. c. 96, ■. 10.

A. 247 (ƒ). B. 258.

C. 398 (vi). 24 & 25 V. c. 96, No. 67-8.

C. 398 (vii).

215.--Stealing Wills,

Any person who steals a testamentary instrument, whether during the testator's life or not, is liable to penal servitude for life.

216.-Stealing Letters, Sr.

Any person who steals anything in course of transmission by post is liable to penal servitude for life.

217.-Stealing by public Servants.

Any person employed in the public service who steals any. thing the property of His Majesty, or anything owned by a public official or in which a public official has a special owner- ship or property for public purposes, or anything of which he had possession or to which he had access by reason of his employment, is liable to penal servitude for ten years.

218.-Stealing publir Documents, &c.

i

Any person who steals any document, model, or sample, the property of His Majesty, or which any public official owns, or in which he has a special interest for public purposes, or anything which such an official owns, or in which he has a special interest for the purpose of making it an exhibit in a court of justice is guilty of felony.

219.—Stealing certain Animals.

Any person who steals any horse, ass, mule, kine, sheep, pig, goat or dog, of or above the value of £5, is guilty of felony.

220.—Stealing by Clerks or Servants,

Any clerk or servant who steals the property of his master or employer, or anything of which he had possession, or to which he had actess by reason of his service or employment, if the value of what he steals is £5 or more, is guilty of felony.

221.—Stealing by Directors or Officers of Companies.

Any director or officer of a corporation or company who steals anything owned by the corporation or company, or of which he had possession, or to which he had access, as such director or officer, is guilty of felony.

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