Larceny also cannot be committed of such animals in which there is no property either absolute or qualified as of beasts that are feræ naturæ, and unreclaimed, such as deer, hares, and conies in a forest, chase, or warren; fish in an open river or pond, or wild fowls at their natural liberty.". But if they are reclaimed or confined, and may serve for food, it is otherwise: For of deer so enclosed in a park that they may be taken at pleasure, fish in a trunk, and pheasants or partridges in a mew, larceny may be committed.. But of all valuable domestic animals, as horses, and all tamed animals which serve, for food, as swine, sheep, poultry, and the like, larceny may be com mitted and also of the flesh of such as are wild when killed. As to those animals which do not serve for food, and which therefore the law holds to have no intrinsic value, as dogs of all sorts, and other creatures kept for whim and pleasure, though a man may have a base property therein, and maintain a civil action for the loss of them, yet they are not of such estimation, as that the crime of stealing them amounts to lar

ceny.

Notwithstanding however, that no larceny can be committed, unless there be some property in the thing taken, and an owner; yet if the owner be unknown, provided. there be a property, it is larceny to steal, it, and an indictment will lie for the goods of a person unknown. This is the case of stealing a shroud out of a grave, which is the property of those, whoever they were, that buried the deceased. But stealing the corpse itself, which has no owner (though a matter of great indecency, and punishable by fine and imprisonment) is no felony unless some of the grave clothes be stolen with it.

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The inferior species of theft, or petit larceny, is only punished by whipping. But the punishment for grand larceny, or stealing above the value of twelve pence, (which sum was the standard more than eight hundred years ago) is at common' law regularly death.

Which, considering the great intermédiate depreciation of money, is undoubtedly a very rigorous constitution; and made. sir Henry Spelman (nearly two centuries since, when money, was at thrice its present rate) complain, that while every thing else was risen in its nominal value, and become dearer, the life of man had continually grown cheaper.

It is true that the benefit of clergy is exended to most cases of larceny, for the first offence. So that in all such cases the felon is excused the pains of death.

COMPOUND LARCENT.

Mixed or compound larceny, is such as has all the proper ties of the former, but is accompanied with one or both the aggravations, of a taking from one's house, or person..

First, therefore, of larceny from the house, and then of larceny from the person.

LARCENY FROM THE HOUSE.

Larceny from the house, though it seems to have a higher degree of guilt than simple larceny, yet is not at all distinguished from the other at common law, unless where it is accompanied with the circumstance of breaking the house by night; and then we have seen that it falls under another description, viz. that of burglary. But now by several acts of parliament, the benefit of clergy is taken away from larcenies committed in a house, in several instances, viz. 1st, in áll larcenies above the value of twelve pence from a church, or from a dwelling house or booth, any person being therein. 2d, In all larcenies to the value of five shillings, committed by breaking the dwelling house, though no person be therein

LARCENY FROM THE PERSON.

Larceny from the person, is either by privately stealing, or by open and violent assault, which is usually called robbery.

PICKPOCKET.

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The offence of privately stealing from a man's person, as by picking his pocket or the like, without his knowledge, was de. barrred of the benefit clergy so early as by the statute 8 Eliz. c. 14. But then it must be such a larceny as stands in need of the benefit of elergy, viz. of above the value of twelve. pence, else the offender shall not have judgment of death. For the statute creates no new offence, but only takes away the benefit of clergy, which was a matter of grace, and leaves the thief to the regular judgment of the ancient law.

ROBBERY,

Open and violent larceny from the person, or robbery, is the felonious and forcible taking from the person of another, goods, money, or any other article mentioned in acts of 1811, c. 11, as aforesaid, to any value, by putting him in fear.

1st. There must be a taking, otherwise it is no robbery. If the thief, having once taken a purse, returns it, still it is a robbery. And so it is whether the taking be strictly from the

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person of another, or in his presence only, as where a robber by menaces and violence, puts a man in fear, and drives away his sheep or his cattle before his face..

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2d. It is immaterial of what value the thing taken is. penny as well as a pound, thus forcibly extorted, makes a robbery.

3d. Lastly, the taking must be by force, or a previous put. ting in fear, which makes the violation of the person more atrocious than privately stealing. This previous putting in "fear, is the criterion that distinguishes robbery from other: larcenies. For if one privately steals six pence from the person of another, and afterwards keeps it by putting him in fear, this is no robbery, for the fear is subsequent. Neither is it capital as privately stealing; being under the value of twelve pence. Yet this putting in fear, does not imply that any great degree of terror or affright in the party robbed, is necessary to constitute a robbery. It is sufficient that so much force, or threatening by word or gesture, be used, as might create an apprehension of danger, or oblige a man to part with his property without or against his consent. Thus if a man be knocked down without previous warning, and stripped of his property while senseless, though strictly he cannot be said to be put in fear; yet this is undoubtedly a robbery. Or if a person with a sword drawn begs alms, and I give it him through mistrust and apprehension of violence,-this is a felonious robbery. So if under a pretence of sale, a man forcibly extorts money from another,-neither shall this subterfuge avail him. But it is doubted whether the forcing a hig gler or other chapman to sell his wares, and give him the full value of them, amounts to so heinous a crime as robbery.

This species of larceny is debarred of the benefit of clergy, by statute 23 Hen. 8, c. 1, and other subsequent statutes; not indeed in general, but only when committed in or near the highway. A robbery therefore committed in a distant field or foot-path, is not punished with death.

See Arrest, Bail. And for Forms,-see Appendix.

LAW.

Law is a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong, Bla. Com. 44, and is susceptible, in this state, of the following division:

1st. The constitution of the United States and the acts of congress made in pursuance thereof, and all treaties made`, under the authority of the United States, are the supreme law of the land.-Const. U. S. art. 4.

2d The next in order and authority is the constitution of

this state.

3d. Acts of assembly passed by the legislature of this state, both before and since the revolution.

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4th. Such of the British statutes or acts of parliament as are in force in this country; to wit, such as are applicable to our situation and circumstances and were passed prior to the settlement of the country, which is usually fixed to the year 1607, or the fourth year of James the first of England. deed settlements were made in this state by sir Walter Raleigh as early as the year 1585; but the following year, the settlers were carried to Europe by sir Francis Drake, on his return from South America and the West Indies. New colonists however, were afterwards sent over from time to time, who in 1586 amounted to 150 persons of both sexes; but they were totally neglected in 1603, (the time of sir Walter Raleigh's illegal conviction of treason, and consequent imprisonment) and so remained for some time. But in 1806 a company was incorporated by charter, called the South Virginia Company, who gave some feeble encouragement to the settlement; and probably the next year was the era of establishing law and government amongst them; for it is generally agreed, that acts of parliament passed after that time are not in force in this country. Some statutes however, passed after that period, have either been enforced by particular acts of assembly, as the statutes of jeofails, some of which were passed after that period; or have mentioned the colonies, and have been tacitly accepted and acquiesced in, and acted under, as the statute of 5 Geo. 2, c. 7, for the sale of lands.

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After the late revolution and the establishing of a new form of government, in order to ascertain what statutes and parts of the common law were in force here, the assembly enacted in the year 1778, that all such statutes and such parts of the common law, as were heretofore in force and use within this ritory, and all the acts of the late general assemblies thereor so much of the said statutes, common law, and acts of bly as are not destructive of, repugnant to, or inconsist with the freedom and independence of this state, and the form of government therein established; and which have not been otherwise provided for, in the whole or in part; not ab

rogated, repealed, expired, or become obsolete,-are hereby declared to be in full force within this state.

5th. The common law, which originated in a general custom received and approved of by the people from time immemorial, and is founded upon principles of reason and justice, and handed down to us in juridical records, and adjudications thereupon, made by former judges from time to time; which adjudications, and the reasons upon them, are contained in re ports made of them at the time, and transmitted to us in books of reports. In respect to this law, it is an established rule to abide by former precedents which are not evidently against reason or the divine law, where the same points come again in litigation; and this in order to keep the law steady, and not Hable to waver with every new judge's opinion. For where the law is uncertain, the people are slaves to the judges; depending for every thing they are permitted to enjoy, upon their whims and caprices, their enmities or good liking.

This compound, forms the law of the land, as understood by the twelfth article of our bill of rights.

LAW-BOOKS.

hejustices of each county court within this state shall and may have full power and authority, in some convenient time, according to their discretion, to purchase and provide the latest editions of the law-books following; to wit, Nelson's Justice, Cary's Abridgement of the Statutes, Swinburn on Wills, or Godolphin's Orphans' Legacy, and Jacob's Law Dictionary, or Wood's Institutes. Which books, when provided, shall be forever after for the use of the county court; and shall be kept in the offices of the several clerks, and constantly, during the sitting of every county court, laid, by the clerk of each court, on the court table, for the use and perusal of the justices of such court, and, of all such as may have any matters de pending in court.

If any county court clerk shall abuse or destroy, or suffer to be abused or destroyed, any of the books so committed to his care, he shall be fined at the discretion of the court, f such his neglect; which fine shall be applied towards re ing the loss or damage of such books, occasioned by such ne glect.

The justices in the several county courts, shall have full power to lay such an additional tax on their respective counties,