structural:summarization, structural:scholar_edition
History

The broad distinction between this offence and larceny is that in the former the owner intends to part with his property, in the latter he does not. This offence dates as a statutory crime practically from 1756. At common law the only remedy originally available for an owner who had been deprived of his goods by fraud was an indictment for the crime of cheating, or a civil action for deceit. These remedies were insufficient to cover all cases where money or other properties had been obtained by false pretences, and the offence was first partially created by a statute of Henry VIII, the Counterfeit Letters, etc. Act 1541 (33 Hen. 8. c. 1), which enacted that if any person should falsely and deceitfully obtain any money, goods, etc., by means of any false token or counterfeit letter made in any other man's name, the offender should suffer any punishment other than death, at the discretion of the judge. The scope of the offence was enlarged to include practically all false pretences by the Obtaining Money by False Pretences, etc. Act 1757, the provisions of which were embodied in the Larceny Act 1861.