he became possessed of them otherwise than by stealing; the evidence may fall short of establishing that, and yet create on the minds of the jury a reasonable doubt of his guilt. (g) If a person, without any present intention of stealing it, obtain possession of another's team by falsely and fraudulently pretending that he wanted to drive it to a certain place, and that he would return within a specified time, when in fact he intended not to go to such place, but to a more distant one, and to be absent a longer time; and if, while thus in possession, he, without the consent of the owner, convert the team to his own use by selling it, with a felonious intent, he is guilty of larceny. 6 2. Whoever, without breaking, commits larceny in the night time, in a dwelling-house, or building adjoining and occupied therewith; or breaks and enters any office, bank, shop, store, warehouse, barn, stable, vessel, court-house, jail, meeting-house, college, academy, or other building for public use, or in which valuable things are kept, and commits larceny therein, shall be punished by imprisonment not less than one, nor more than fifteen years; and when the offense is committed in the day-time, by imprisonment not more than six years, or by fine not exceeding one thousand dollars.8 (h) Upon an indictment charging the felonious breaking and entering of a bank, and a larceny therein of gold and silver coin, railroad bonds, legal tender notes, and compound interest notes, it is a sufficient allegation of ownership to describe them as "of the goods and chattels" of the owner. (i) It is not necessary to use the word "and" to connect the description of the several articles.9 (j) And after a general verdict of guilty in such case, judg ment will not be arrested, if the larceny of a single article is properly alleged, although it may contain insufficient allegations of the larceny of other articles.9 3. Whoever commits larceny in a building on fire, or of property removed on account of an alarm of fire, shall be punished by imprisonment not more than five years, or by fine not exceeding five hundred dollars.10 4. Whoever commits larceny from the person of another, shall be punished by imprisonment not more than six years, or by fine not exceeding five hundred dollars." 5. If a person, after being convicted of larceny as prin State v. Coombs, 55 Me. 477.-8 R. S. c. 120, § 2.— State v. Bartlett, 55 Me 200.-10 R. S. c. 120, § 3.-11 R. S. c. 120, § 4. cipal or as accessory before the fact, is again guilty and convicted thereof, or is convicted of three distinct larcenies at the same term of the court, he shall be deemed a common thief, and be punished by imprisonment not less than four, nor more than fifteen years.' 12 6. Whoever falsely personates or represents another, and thereby receives anything intended to be delivered to the party personated, with intent to convert the same to his own use, shall be deemed guilty of larceny and be punished accordingly.18 7. If an officer, agent, clerk, or servant of a person, copartnership, or corporation, not an apprentice, nor less than sixteen years of age, embezzles or fraudulently converts to his own use, or takes and secretes with intent to do so, without consent of his employer or master, any property of another in his possession or under his care by virtue of his employment, or if a public officer, or an agent, clerk, or servant of a public officer, embezzles or fraudulently converts to his own use, or loans, or permits any person to have or use for his own benefit, without the authority of law, any money in his possession, or under his control by virtue of his office or employment by such officer, he shall be deemed guilty of larceny and be punished accordingly; and whoever knowingly receives from a public officer, or his clerk, servant, or agent, with intent to convert the same to his own use, without authority of law, any money in the possession or under the control of such officer, by virtue of his office, shall be guilty of larceny and punished accordingly. But the foregoing provisions in relation to public officers, their clerks, servants, or agents, shall not apply to deposits by such officer, in any bank, nor to any advances made towards the salary of such officer, nor to any person in the employ of the State, or to whom the State is indebted, if the sums advanced do not exceed the sum due him.14 8. If a person intrusted with any property, the subject of larceny, to be carried, embezzles or fraudulently converts the same to his own use, he shall be deemed guilty of larceny and punished accordingly.1 15 12 R. S. c. 120, § 5.—13 R. S. c. 120, § 6.—14 R. S. c. 120, § 7.-15 R. S. c. 120, (k) It makes no difference whether the act of conversion be in this State, or in another.16 9. Whoever buys, receives, or aids in concealing stolen property, knowing it to be stolen, shall be punished by imprisonment not more than five years, or by fine not exceeding five hundred dollars. And the conviction of the person who stole the property need not be averred or proved. If the stealing was simple larceny, and the person restores or makes satisfaction to the party injured to the full value of such property, he shall not be sentenced to the State prison. If, after conviction, he is again guilty and convicted of a like offense, or if convicted of three such distinct offenses at the same term of the court, the imprisonment shall not be less than one, nor more than ten years.17 (1) The buying, receiving, and aiding in concealing stolen goods, mentioned in § 9, constitute but one offense, which may be committed in three different modes.18 (m) In an indictment for larceny, where the goods of several persons are taken at the same time, so that the transaction is the same, one count may embrace the whole.18 (n) So one count may refer to another, to save unnecessary repetition, thus: a count for receiving stolen goods, though it does not mention the names of the owners, may, by referring to the other counts in which the names were set out, be sufficient. 18 (0) In an indictment against a married woman, for receiving stolen goods, it is unnecessary to allege that the offense was not committed by the coercion of her husband.19 (p) A count for larceny and another for receiving stolen goods may be joined.2) (q) One who knowingly receives or aids in concealing goods, stolen in another State and brought into this State, is made liable under § 9.29 10. The officer, who arrests a person charged with an offense under this chapter, shall secure the property alleged to have been stolen, be answerable for it, and annex a schedule of it to his return; and, upon conviction of the offender, the property stolen shall be restored to the owner.21 11. The court, other than a municipal or police court 16 State v. Haskell, 33 Me. 127.-17 R. S. c. 120, § 9.-18 State v. Nelson, 29 Me 329.-19 State v. Nelson, supra.-20 State v. Stimpson, 45 Me. 608.-21 R. S. c. 120, or trial justice, upon conviction before it of burglary, robbery, or larceny, and when there is no conviction by reason of the death of the offender, or of his escape without their fault, may allow to the prosecutor, and to the officer who has secured or kept the property, a fair compensation for their actual expenses, time, and trouble in arresting the offender, and securing the property stolen.22 12. An action, for the recovery of property stolen, may be maintained by the owner against the person liable therefor, although the thief is not convicted.23 (r) When money, or specific articles which have since been converted into money, has been stolen, the owner may maintain assumpsit for money had and received against the thief.24 (s) The law, as declared in Foster v. Tucker, 3 Me. 458, was changed by c. 102 of the Pub. Laws of 1844, incorporated into R. S. of 1871, c. 120, § 12.2+ (t) FORMS OF COMPLAINT FOR LARCENY AND 1. Simple larceny. one broadcloth overcoat, of great value, to wit, five dollars, of the goods and chattels of one J. B., then and there being found, feloniously did steal, take, and carry away. 2. Larceny from the person. one silver watch, with a steel chain, of great value, to wit, of the value of twenty dollars, of the goods and chattels of him, the said A. B., then and there from the person of him, the said A. B., feloniously did steal, take, and carry away. 3. Larceny of a bank-bill. one bank-note on the Canal bank, a banking corporation then and there duly established, and having its place of business in Portland, in our county of Cumberland, for the payment of twenty dollars, and of the value of twenty dollars, then and there being found, and then and there the property of T. C., feloniously did steal, take, and carry away. six 4. Larceny of money. pieces of the lawful silver coin of the United States, called half-dollars, of the value of three dollars, of the moneys of the said T. C., then and there being found, feloniously did steal, take, and carry away. 22 R. S. c. 120, § 11.-23 R. S. c. 120, § 12.-24 Howe v. Clancey, 53 Me. 130. 5. Larceny of a receipt. a certain writing, called a receipt, containing evidence of the receipt, payment, and discharge of the sum of twenty dollars; the said receipt then and there being of the value of twenty dollars, and being the property of said T. C., feloniously did steal, take, and carry away. 6. Larceny in a dwelling-house in the day-time. one cloth coat of the value of five dollars, one cloth waistcoat of the value of two dollars, of the goods and chattels of him, the said A. B., in the dwelling-house of him, the said A. B., then and there being found, then and there feloniously did steal, take, and carry away. 7. Breaking and entering a meeting-house in the night, and larceny therefrom. the meeting-house of the first parish, in said P. there situate, being a building erected for the public use, feloniously did break and enter in the night time, and therein, one silver cup, of the value of ten dollars, of the goods and chattels of the parish aforesaid, then and there being found, then and there feloniously did steal, take, and carry away. 8. Larceny in a building on fire. one gold watch, of the value of one hundred dollars, one gold ring, of the value of ten dollars, and one gold bracelet, of the value of twenty dollars, of the goods and chattels of one E. F., in a certain building, to wit, the dwelling-house of the said E. F. there situate, then and there being, which said dwelling-house was then and there on fire, and then and there feloniously did steal, take, and carry away, in the dwelling-house aforesaid. 9. Larceny of property removed on account of an alarm of fire. one time-piece of the value of twenty dollars, of the goods and chattels of him, the said E. F., the same being then and there removed from the dwelling-house of said E. F., in consequence of an alarm caused by fire, feloniously did steal, take, and carry away. 10. Against a clerk for embezzlement. being then and there the clerk of one J. N., the said C. D. not being then and there an apprentice to the said J. N., nor a person under the age of sixteen years, did then and there, by virtue of his said employment, have, receive, and take into his possession certain money, to a large amount, to wit, to the amount of one thousand dollars, and of the value of one thousand dollars, of the property and moneys of the said J. N., the said C. D.'s said employer, and the said C. D. the said money then and there feloniously did embezzle, and fraudulently convert to his own use, without the consent of the said J. N., the said C. D.'s employer; whereby, and by force of the statute in such case made and provided, the said C. D. is deemed to have committed the |