( 55 ) 



CHAPTER III. 



FAIRS AND MARKETS OVERT ; HORSE STEALING AND THE 

 RECOVERY OF STOLEN HORSES. 



Fairs and Maekets oveet. 

 Sales at Fairs and Markets overt . 55 



The General Eule of Law 56 



When Market overt is held .... id. 

 Where Market overt is held .... id. 

 What held to he Market overt 



without the City of London . . id. 

 What held to he Market overt 



within the City of London .... id. 

 Horse '■'an ArticW^ within 10 ^• 



11 Vict. c.U 57 



Fearon v. Mitchell id. 



Where a Horse at a Fair is exempt 



from Distress 59 



Sale of Diseased Animals in ,,, , id. 



HoESE Steaiino. 

 Statiiie of 24: ^- 25 Fict. c. 96 . . 59 

 Description in an Indictment .... id. 

 When the Offence is complete .... 60 



Property given up id. 



Delivery of a Horse to a Stranger id. 



Delivery on Trial 61 



Goods taken without Consent .... id. 

 Appropriation of a hired Horse . . id. 

 Larceny without Proof of Sale . . id. 

 Taking ivith an Intent to use , ... 62 

 Possession Six Months after Loss id. 

 Killing or Maiming Horses .... id. 



Other Animals id. 



Pouring Acid into a Mare's Far . id. 



"Ifaiming and Womiding'^ .... 62 

 Use of Instrument need not he 



p>-oved 63 



Malice id. 



Drugging of Animals Act id. 



Eecovbey of Stolen Hoeses. 



Sale in Market overt 63 



Statutory Regulations 64 



Recovery when sold under these 



Regulations id. 



Owner must prove the Horse teas 



stolen id. 



Sale out of Market overt id. 



Recovery when not sold under 



these Regulations id. 



Proof of Compliance with Statute . 65 

 Rule that Owner must first endea- 

 vour to hring the Thief to Justice id. 

 To be taken ivith Modifications . . id. 

 Where the Action is against a 



Third Party 66 



Fvidence of Conversion id. 



Order for Restitution id. 



Or Action of Trover id. 



Order of Police Magistrate 67 



Where no Special Damages can he 



awarded id. 



Replevin /or unlawful Taking . . 68 

 Wrongful Sale by Agent of Horse 



entrusted to him id. 



FAIRS AND MARKETS OVERT. 



The general rule of law is, that all sales and contracts Sales at Fairs 

 of anything vendible in Fairs or Markets overt (that is, and Markets 

 open), shall not only be good between the parties, but 

 also be binding on all those that have any right of pro- 

 perty therein. And for this purpose, the Mirror informs 

 us, were tolls established in Markets, viz. to testify the 

 making of contracts, for every private contract was dis- 

 countenanced by law ; insomuch that - our Saxon ancestors 

 prohibited the sale of anything above the value of twenty 



