have been made punishable by fine only. LI.
Gul. Cohq. apud Wilk. p. 218. 220.
This commutation, however, was taken away by
LI. H. 1. anno 1108. ’Si quis in furto
vel latro-cinio deprehensus fuisset, suspenderetur:
sublata wirgildorum, id est, pecu-niarse redemptions
lege.’ Larceny is the felonious taking
and carrying away of the personal goods of another.
1. As to the taking, the 3 & 4 VV. M.
c. 9. Sec. 5, is not additional to the Common
law, but declaratory of it; because where only
the care or use, and not the possession, of things
is delivered, to take them was larceny at the Common
law. The 33 H. 6. c. 1 and 21 11. 8. c. 7.,
indeed., have added to the Common law by making
it larceny in a servant to convert things of
his master’s. But quaere, if they should
be imitated more than as to other breaches of
trust in general. 2. As to the subject of
larceny, 4 G. 2. c.32; 6 G. 3. c. 36 48; 43 El.
c. 7; 15 Car. 2. c. 2; 23 G. 2 c. 26; 31 G. 2. c.
35; 9 G. 3. c. 41; 25 G. 2. c. 10. have extended
larceny to things of various sorts, either real,
or fixed to the realty. But the enumeration
is unsystematical, and in this country, where
the produce of the earth is so spontaneous as to
have rendered things of this kind scarcely a breach
of civility or good manners in the eyes of the
people, quaere, if it would not too much enlarge
the field of Criminal law? The same may
be questioned of 9 G. J. c. 22; 13 Car. 2. c. 10;
10 G. 2. c. 32; 5 G. 3. c. 14; 22 h 23 Car. 2. c. 25;
37 E. 3. c. 19. making it felony to steal animals
ferte natures.
Petty Larceny shall be, where the goods stolen are
of less value than five dollars; and whosoever shall
be guilty thereof, shall be forthwith put in the pillory
for a quarter of an hour, shall be condemned to hard
labor one year in the public works, and shall make
reparation to the person injured.
Robbery* or larceny of bonds, bills obligatory, bills
of exchange, or promissory notes for the payment of
money or tobacco, lottery tickets, paper bills issued
in the nature of money, or of certificates of loan
on the credit of this Commonwealth, or of all or any
of the United States of America, or Inspectors’
notes for tobacco, shall be punished in the same manner
as robbery,or larceny of the money or tobacco due on
or
represented by such
papers.* 2 G. 2. c. 25 Sec.3; 7 G 3. c. 50.
Buyers* and receivers of goods taken by way of robbery
or larceny, knowing them to have been so taken, shall
be deemed accessaries to such robbery or larceny after
the fact.
* 3 &. 4 W. & M. c.
9. Sec. 4; 5 Ann. c. 31. Sec. 5; 4 G. 1.
c.
11. Sec. 1.
Prison breakers,* also, shall be deemed accessaries
after the fact, to traitors or felons whom they enlarge
from prison.**
* 1 E. 2.