IN SEARCH OF A HOESE. 267 



if the vendor is not known to the book-keeper, the 

 vendor shall bring one credible witness, whose name 

 in like manner is to be entered, to avouch his know- 

 ledge of him. 



If the horse is stolen, the owner must make his 

 claim within six months, and must prove his property 

 and tender the price paid, within forty days from 

 making his claim. 



Not many cases appear to have arisen upon the 

 construction of this act, but there is one, Josephs v. 

 Adkins, 2 Starkie, 76, which deserves mention. It 

 was here decided by Lord Ellenborough, that "a ma- 

 gistrate has no power under the statute of Elizabeth, 

 to cause a stolen horse to be re-delivered up to the 

 owner, unless proof of the actual theft be first given ; 

 and also, that although a constable may be armed 

 with a warrant against a thief he is not justified in 

 taking the horse out of the possession of ano- 

 ther party, who had bond fide purchased him from 

 the thief." 



We have now to consider the important subject of 

 warranty. 



Warranty is of two kinds, express or implied. On 

 the bargain and sale of goods, the general maxim is 



