Polynesian., 1850-07-20


tent specified in the preceding section.
10. Whoever commits robbery in the fir. I
degree, shall be punished by Imprisonment
at hard labor for life or any number of
years in the discretion of The couit.
IL. Whoever commits robbery in the
second degree, shall be punished by i'm
prisonment at hard labor not more than
twenty years.
CHAPTER XVI.-Larceny.
L. Larceny or theft is the seloniously ,a-
king any thing of marketable, saleable, as,
signable or available value, belonging TO or
being the property of another.
g. 1t is enough if The thing taken is of any
pecuniary value, or valuable or economical
utility, though it be not of any value to SELL
8 In order to be the subject OF larceny.
can be removed.
A. Any part Of real estate that is move
able, or can be detached, severed, separa-
ted or removed from The real estate Of
which it is apart, may be the subject Of
larceny.
5. In order to be The subjecto Of larceny,
a thing must be the subject Of property and
possession.
6. Domestic animals ofvalue are the sub
jects Of larceny, though not at the time with
in the actual keeping or control of the OWN
er, orof any one for him. For instance,
estrays and cattle ranging the commons or
mountains of the islands.
Il
or aquatic or amphibious, Of species not
usually domestcated are subjects of larceny
when in the custody, possession and control
of The owner, or Of any one for him, and
are distingushable as being, or known by
the taker to be, so in the owners posses
sion, custody or control. For instance,
fish in ponds, or particular creeks or por-
tions of The sea, doves in dove cote.
s. Any writing Of value may be the sub
ject of larceny For instance, promisso-
ry note, bill of exchange or other bill, or
der, certificate, bond, book of accounts !; a
deed or any written or printed conveyance
of land any award of the land commits
sion, or other evidence of title TO real or
personal property; any contract remaining
in force receipt, discharge, wri; or pro-
cess any commission comforting a right,
privilege, claim or liability upon another a
record or journal Of the acts or proceedings
of any Judicial court, court of impeach
ment, or Of the Legislature, Privy Council
orany public corporation or any record Of
any public office.
g. Where no one can be benefited by a
writing, and no one has any interest in it or
depending upon ii, or can be subject to lia
bilily by its passing into other hands or being
destroyed, it is not subject Of larceny.
10 The value of a writing is not neces-
sarily to be considered TO be the amount ex-
pressed or imported by the writing itself,
but should be determined by IFS importance,
materially and availability as affecting pub
lie or individual interests.
IL. In order to be the subject of larceny,
a thing must be owned by, or be the pro-
perry, general or special, Of, or belonging
to, some one. That is, some one must
have property, general or special, in the
thing or have and be entitled to the pos
session of the thing.
IL. Wrecked property, estrays, and los;
property, shall be deemed still in the con-
structive possession of the owner and the
taking of either of them, with felonious in
tent is larceny. But the taking of derelict
property is not larceny.
Is. Ii is not necessary in respect to lar
ceny, that it should appear whose property,
other than the takers, the thing is it is
enough that it appear that it is not the
takers, and that it does not appear 10 be
derelict and in case Of doubt whether
thing is derelct, the presumption is that il
is not so.
a. Larceny cannot be committed by the
husband from the wife Of her property, or
by the wife from the husband Of bis property.
Is. Larceny is Of four degrees, viz:
a. Larceny committed in any custom
house, court house, government house, pub
lie office, Jail, church or meeting house,
academy, school house or other public
or in any office, counting room,
warehouse, shop, workshop or
vessel of another or in any enclosed and
covered building Of anothef; or from the
person of another, or from another in his
presence or from the wreck of any vessel
Of another and larceny Of any part of the
cargo, or of any article or articles that
were on board of wrecked or lost vessel
of another at the time of the same being
wrecked oror lost, during the storm or 9th
er disaster occasioning The wreck or loss !;
and larceny from house or other building
or vessel on fire ; and larceny Of property
at The time of the removal thereof on ac-
count of danger and alarm Of fire, when
such larceny is committed in the night time
TO the amount Of one hundred dollars or
more is larceny in the first degree, and shall
be punished BY Imprisonment at bard labor
not more than ten wears, and BY fine not ex-
ceedng twice the value of The property
taken.
(2.) When such larceny is committed IN
the Eight time TO the amount Of FIVE dollars or
more, and less than hundred dollars or
when the same is committed in the day time
., rc ono b,,,d-oJ JoIlare or