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I | i ' B O O K V I I I .
Of S A R A K A - or L A R C I N Y ,
Chap. I. Introdudtory-.
Chap. I I .. O f Thefts which- occafton Amputation, and oft'
Chap. III.
Thefts which do not occafton It.
O f Hirz, or Cuftody, and of taking away property"
Chap. IV .
thence.
O f the Manner of cutting off the Limb o f a Thief,
1 and of the Execution thereof.
■ Chap, V .. Off the Adts of a Thief with refpedt to the Property/
1 I * ml ! ftolen..
111
Chap. V I . O f Katta-al-fareek, or Highway Robbery. -
M
,i|r !;
t ill
d i C H A P . I.
Definition of A R A K A literally means the fecretly takingawaycf another's pro- ■
strata. perty. In the language of the law-■ it fignifies the taking away
the property of another in a fecret manner, at a time when fuch
property is in cuftody,— that is, when the effedts are in fuppofedfecurity
m
n . i L
fecurity from the hands of other people; and where the value is not
lefs than ten dirms, and the effedts taken the undoubted property of
■ fome other than of him who takes them.
Custody is of two kinds; first, cuftody by place, that is, by
means of fuch a. place as is generally ufed for the prefervation of property,
as a houfe, or a Jhop-, secondly, byperfenal guard, that is,
by means of a perfonal watch over 'the property.
T he primitive fenfe of Sdraia, or (larciny, namely, fecretly taking
away,') includes, (in ?ilegdl view,) the beginning and end of the tranf-
adtion, where the theft is committed in the day-iime,-~but the begin-
ing only, where the theft is committed during the night, when the
thief fecretly breaks into the houfe, and then takes away the property
by open violence. The reafon of this is that many thefts are committed
during the night, by the thief forcibly carrying away the property,
as at that time the injured perfon cannot obtain any afliftance.
If, therefore, the circumftance of the thief’s fecretly breaking into
the place of cuftody, or houfe of the proprietor, were not fufficierit to
eftablifh a charge of theft., puniihment would in many inftances be
prevented : contrary, to where the theft is committed during the
day-time-, for as the injured perfon can then obtain afliftance, thefts
are never attempted by open violence, at that feafon; and hence, in.
the eftablifhment of a theft committed during the day-time, the
fecretly taking away includes both the beginning and the end of the
tranfadtion.
In the greater fpecies of larciny, (namely highway robbery) the
fecretly taking away is with refpedt to the Imam, whofe duty it is to
guard the highways by means of his afliftants: in the inferior Ipecies,
it is with refpedt to the proprietor, or the perfon who ftands as his
fubftitute.
M 2 I f
Cujloay is of
two kinds,
local and per*
fonal.
Definition o f
the fecrecy re-
quifite to con-
ftitute theft.