264 THE ADVENTURES OF A GENTLEMAN 



tain restitution of his goods ; for the right of resti- 

 tution where the thief is prosecuted to conviction, is 

 secured by an Act of Parliament, 21 Hen. VIII. 

 cap. 11. 



They only affect that right in the absence of a pro- 

 secution. By the Act of 7 and 8 Geo. IV. cap. 29, 

 § 57, (commonly called Peel's Act,) it is provided, 

 that in the case of offences committed under that 

 act, if the thief or receiver of stolen property shall 

 be indicted and convicted by the owner, the court 

 may order restitution of the property to the owner 

 in a summary manner, except in the case of negoti- 

 able instruments bond fide taken without notice, and 

 for valuable consideration ; there is however, an im- 

 portant distinction to be noticed as regards the power 

 of enforcing restitution, even where the thief has 

 been prosecuted, to conviction; in such a case, the 

 owner may enforce restitution from any party in 

 whose possession he actually finds the goods ; vide 

 Packer v. Gillies, 2 Campbell, 336 (note.) And in 

 one case in Noy's Reports, 128, the owner recovered 

 from the defendant the proceeds of the stolen goods ; 

 but he cannot enforce his restitution from a party 

 who has bought the goods in market overt, and re- 



