New-York tribune., 1879-01-30

ton OF the distinction between larceny and embezze
ment and obtaining property by false pietences These
provisions embody the reforms which Sir James
Stephen recommended and which your correspondent
desires and they proposed by the revsers In ad
vance OF the action of the English Parliament even Of
their advisers Upon the subject Of criminal proceddre
the revsers reported act simplifying the pleadngs
and practice and introducing the rules and meth
ods which are established by the Code of Civil Proceed
ure. Whether any Of these reforms shall be adopted
depends upon the Legislature and the Governor
annex the sections of the proposed law touching
larceny, ENLIGHTENMENT, etc. and the explanatory note
of the reyisers LEX.
NetC- York, Jan. 27, 1870.
PRELIMINARY NoTE.-It will be seen that
the commissioners propose to abolish the distinction be-
tween larceny. embezzlemen. and obtaining property
by false pretenccs by including them all under the head
of larceny. The distinction is wholly artificial one,
which has through the necessity of providing
for the punishment or crimes which OF the same
larceny, but not included under its original def
milton at the common law. When the only things tnat
could be stolen such as could be carried away by
the hand II held that there must be trespass TO
constitute larceny and The essence OF the crime was the
interference with actual and lawful possession OF The
true owner and not the appropriation by the thef The
crimes of elnbezzlement and obtaining money by false
pTeenccs have been created defined by statute, IN
order 10 punish acts which really theft but do not
involve rcspass or taking from the possession OF
the owner, and to reach class OF crimes which, IN the
cOmpexity Of modern society, are more frequent and
dangerous than simple stealing. There seems TO
be no reason for Deserving the distinction between
these offences. on the other hand, there is great pro
prety aud is believed there will be great advantage
IN calling every criminal appropriation OF property
larceny and Furnishing 1t as SUCH It is believed that
this abolition OF useless and technical distinction Will
lader appeatlon, with their proper name, and VIII
20 promote the due administration OF Justice. Much of
tie OF the courts and much learning aud research
have been wasted III attempting to determine whether
man who had feloniOusiy ObiaDed the property of
another guilty of false pretences or larceny,
nf
what The name OF his offence, 80 long be received
his appropriate punishment which would be the same
in either In other cases, these divisions and defn
tons have been the Occ sion OF the entire escape OF Of
tenders. We have endeayored by including under
larceny the offences now known as embezllement and
Observation-Disclosures Of pTopertv as recent legislation has
certainty and SEVERITY all these classes OF offenders
against property rights. 1t has also been thought
proper to divide larceny degrees. We do not pro-
pose interfere with the distinction between grand and
petit larceny rnese terms used in the Constitution.
and be retained B1t there evidently degrees
in tins crime, In all Otner crimes, and present
statutes recognize such degrees in applying punishment
see J.. lsG2 ch 37l. The person who, after careful
preparation and watching, cOnIrives TO steal from
bank or from an individual large sums OF money or Sc
curtes, ought be subject 10 greater punishment
than can be inflicted upon The person WHO, upon sud
den temptation, apprOpriates garment worth $2J.
There are also obviously elements besides value
(which furnishes the only distinction between grand and
petit larceny that 90 to make the degree OF crimnaiy,
as we'll OF danger in the various OF larceny.
240 person who. with the intent TO deprive or de-
rauO the true owner OF his property, or OF the use and
benefit thereof or to Appropriate the same t0 The use OF
the takcr, Oi any other person, either
l. Takes from the possession Of the true owner OF
any other person. or Obtains from such possession by
fraud false prctencc, any false
token or writing, or secreles, wtnhods converts or ap
prOpriaes TO his own use or that of any person other
than the true owner any personal property thing III ac
ton evidence ofdeDt or Contract or article Of value Of
any nature; or
baee, servant attorney, agent clerk, trustee or officer
of any person. associations corporation a public
officer, person, authorized by agreement, bJ
petent authority to hold take possession, Gus
tOdy or control any property evidence of debt, article
or tnng III action or possession approprl9tes the same
10 his own use or tnd Ot any person Otber than The true
owner or person entitled to the benefit tnereof;
Steals such property, and is guilty OF larceny.
2ll. Such person is guilty OF grand larceny in the
first degree VINO unlawluly appropriates i'll any
neT specified in the last sectOn either
Property OF any value, by taking the same from the
person OF another in the night time or
.. Property OF the value Of more than twenty-five dol
lars. by taxing the III the night time from any
dwelling house, vessel or ralIroad ear; or
3. Properly OF the value of more than five hundred
dollars, IN any manner Whatever
242. person guilty of grand larceny IN the sec
ond degree who under circumstances not amounting 10
grand larceny III the first degree, steals either
l. Property Of the value of more than twentyfv dol
lars, In any manner whatever; or
q Property of any value. by taking the from the
person Ot another.
241. A person, convicted OF grand larceny in the
fret degree is punishable by imprisonment for less
tnan five more than ten years.
2i5. person, convicted Of grand larceny in the
Ond degree, punishable by Imprisonment Tor not ess
than two uOr more than five years.
2i6. Petit larceny Is msdemeanor, and Is punisha-
25l A person acting as executor, administrator,
GUARDIAN collector, trustee, or receiver appointed 10y
deed, will, any D'her instrument, by AN order
Judgment OF court officer, takes, secretcs with
nOds, converts, or otherwise apprOpratcs to his
usc that of any person other tnan The
person entitled thereto, money goods, right Of
tOD security, evidence OF debt prOpery other
valuable thing IN his possession custody by
his office, employment, or appointment. stedis the
and IS guuy Cf UceRyj and upon CONVECTION III addi-
tOu TO the puus snlncnt herein prescribed for such
larceny may be adJudgcd and sentenced pay IA fine
exceeding the amount value OF the property 80
stolen with interest from the time Oi the mis-. pprUpna
ton Withholding, or cOncealment, and twenty pr cen
rheTeupon addition, and TO be Imprisoned not
more than i've years addition TO the OF his
tcnce for larceny according TO this tte until
Is paid.
6 253 Such q fine, TO the extent OF the amount or
value The property taken, appropriated, eubcZLIed
with interest theICupOn at the rate OF per Ccntu
per from lime OF tIe commission Of the
fence TO the time OF payment collection, and rcso-
able drIrdy tue expense Ol prosecuting aud col
lecting 10 be fixed by the Supreme Court shall
receive collected, be paid 90 the county
OF where The conviction was mad, for the
benefit OF the person injured or def audcd or whose
property the offender took, msappfOpridct, or con
reae his representative or assignee and snail br
paid TO hun by county treasurer, upon the Ord
Of the Supreme Court made after notice 10 the dstTC
attorney OF the county.
253 In Of the pawn Mt Of the amount cmbezZled.
Dtcrcst at the rate OT per aEnn,
by the person d. OF tue collection OF the
By evil acu0n, tue court may It's discretion upon ap
plcatiO uy such person. ahd notice 10 tile persons
terestcd IN the iund or property emb zZlcd aud Ia the
distrctatOrney of the county, remit the line imposed,
except iho additional allowance Tor expenses.
These three sections embody the provisions Of
punish deidutng trustees etc, L. lS77 ch 2Os But the
have modified those provisions make
tlc hno Wich may be imposed dishonest
tOual punishment uIOn offender ana
la