Page:Black's Law Dictionary (Second Edition).djvu/705

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LAPSE

LAPSE, II. In ecclesiastical law. The transfer, by forfeiture, of a iight to present or collate to a vacant benefice from a person iested with such right to another, in conse- quence of some not 01' negligence by the former. Ayl. P.ir. 331

In the law of wills. The fuilure of a tea- IJ1D1BlJ[ill'y gift in consequence of the death of the devlsee or legabee during the life of the testator.

In criminal proceedings, "lapse" is used, in Eflgliilid, in the some sense as "ab.ite" in ’ordin.ny procedure; 1'. e., to signify that the proceedings came to an and by the death of one of the parties or some other event.

LARCENOUS. Having the character of larceny; as a "larceuous taking." Contemplating or intending larceny; as a “larcenons purpose." —Li1rcenons intent. A larct-nous intent ESISIS where it man knowingly takes and car- l'II3E away the goods of anotlii.-r without nny Lldllll or pretense of l'l}.'.ill, with intent wholly to dqpiive the owner of them or convert them to his 0“l| use. Wilson v. State, 18 Tex. App. 274, 51 Am. Rep.

LAECENY. In criminal law. The virongful and frauduii.-nt taking and carrying away by one person of the were personal goods of another from any place, with a fe- lonious lnlzeut to Coniert them to his (the t:ii.er‘s) use, and make them his property, without the consent of the owner. State v. Sr.-uLl.i, % N. J. Law, 31, 75 Am. Dec. 250; Suite i. Chambers. 2:’. W. Va. 786, 46 Am. Rep. 550; State v. Parry, 48 La. Ann. 1483, 21 South. 30 . linywood v. State, 4.1 Ark. 47 Phiianialee v State, 58 Nob. 320, 78 N. W.

2», People v. Bosworih. 64 Him, 72, 19 N. Y. Supp. I1-1: state v. Hawkins, 8 Port. min.) 403. 3.5 Am. Dec. 204.

The felonious taking and carrying away of the personal goods or another. 4 Bl. Comm. 229 The unlawful taking and carrying away of things personal, with intent to deprive the right owner of the same. 4 Steph. Comm. 152. The felonious taking the property of nnother, wltiiout his con:<(-nt and against his will, with intent to conierl; it to the use of the taker. Haninion's Case, 2 Leach, 1089.

The taking and remoilng, by trespass, of personal propeity which the ti-espasser knows to bzlong either generally or specially to an- other, with tbc intent to deprive such owner of his ownership therein; and. perhaps it should he added, for the sake of some advantnce to the trespasser,-—a proposition on which the decifions are not harmonious. 2 i‘.i.~h. (‘ii.nJ. Law, §§ 757. 758.

Law is the taking of prsonal property, iI(iJI\‘ ‘ il by fraud or st ilth, and with intent to ileprii-i= anolhcr thereof. Pen. I"-de Dal; § .‘.\'n.

I_A1rcc_m ._s the felonious stealing. talking. carr_vin_2. lending, or driving army the personal property of another. Pen. Code Cal. § 4.8-} —Constrnctive larceny. One where the foionioiis intent to appropriate the goods to his own use, at the time of the asportation. is

697

LARONS

made out by construction from the defendant's conduct. nithougb, originally, the taking was not apparenlly felonious. 2 East, P. C. K:

Leach, 21!..—Cmnponnil larceny. Larceny or theft accompiislied by taking the thing stolen either from one's person or from his house; othelwise caiied “mlxeil" larceny, and distingui ad from "simple" or "piain” larceny, in which the theft is not aggmvated by such an intrusion either upon the person or the dwelling. derson v. lVinfree, 8.‘: lly. 59' 4 V. SLICE v. Chambers. 22 W. Va 5fi0.—Granil larceny. In In England, simple larceny, was originally divided into two sorts,-grand larceny, where the value of the goods stolen was above theire peace, and petit larceny, where their value “us equal to or below that sum. 4 Bl. Comm. 2:9. The distinction was abolislierl in England by St. 7 & 8 Geo. IV. c. 29, and is not generally im- ognizad in the United Slates, although in a few states there is a statutory offense of grand larceny. one essential element of which is thi uiliie of _the goods stolen, which value varies

from $7 in \srniont to 50 in Califni-nin. See State v. Bran. 74 Vt Iil, 52 All 2113; Fallon v. Pi-opie. 2 l\e__ves (N. Y.) " People v.

I

Murr.-iv. 8 Cal. 520: State v. Kenncdr, 88 Mo. 313.—Lai-ceny by bnllee. In l’eniisyl- vnula law. The crime of larceny committed where “any person. being a iiailee of any prop- erty. shall fraudulently take or convert the same to his own use, or to the use of any other pirson except the owner thereof. although he shall not break bulk or I)lllEl‘WiSP detnriuiiie the bailinent." ‘-rig‘htl5’s Piiril. Dig. p. 436, 5 177. And see Vvclsh v. Pooplo. 17 Ill 339: State v. Sl:innrr_ 29 Or. 599. 46 PSIC. 3f‘»3.—L:u~ceny from the person. Larceny committed _whore the property stolen is on the person or in the immediate charge or custody of the person from whom the theft is made, but without SI|l"ll cir- cumstances of force or violence as _wo_iild constitute robbery, ‘icluding pocket-pirkin,-z and such crimes. Williams v. S.. 3 App. P. (' 345: State v. Eno, 8 Minn. 220 (Gil. 1'30).- Mixed larceny. Otherwise called (-n_mpound" or “complicated larm=ny;" that winch is attenrlizd with cirnimstances of n_I.—zr:wnt'ion or violence to the person, or taking from a hoiise.—Petit larceny. The larceny of things whose value was below a certain arbitrary sinndnrd. tit common law twelve pence. See Ex partc Bell. 19 Fla. 612: Barnhnrt v. State, 154 ind 177, 56 N. E. 21-" People v. Itighetfi, 60 Cal. 184. 4 Pac. 118.3.-—Shnple lar- ceny. Inrceny which is not complicated or aggravated with acts of violence. _ Larceny from the person, or with force and violence. is called “conipoiind" larceny. Sec Slate v. Chnniliers. 2.? W. Va 796. 46 Am. Rep. 570: Anderson v. WinEres. 85 Ky. 597. 4 S. W. 351: Pitcher v. Peopie. 16 lilich. 142.

LARDAEIUS REGIS. The king's larderer, or clerk of the kitchen. Cowell.

I.AR'D1'NG MONEY. In the manor of Bradford. in Wilts, the tenants pay to their lord 3 small yearly rent by this name, which is said to be for liberty to fend their ll0,_!S with the masts of the lord's wood, the fat of a hog being called "1nrd;" or it i.|l:lV in a commiitation for some customary service of carrying salt or meat to the lord's larder. Mon. Augl. t. 1, p. 321.

LARGE. L Fr. Broad; the opposite of “e.i‘trei1tc." strait or strict. Pure: of (urges Britt. I‘. 34.

LARONS. In old English law. Thieves. M