FATES AND MARKETS OVERT. 59 



3'-ard and kept there. To say that this could be a ' shop ' 

 within the meaning of this section would be, as it appears 

 to me, quite unreasonable. I own my individual opinion 

 is rather strong against an Auctioneer's premises being a 

 ' shop ' at all within the meaning of the section, but it is 

 not necessary to determine that. Assuming that an Auc- 

 tioneer's premises might be a shop for the purpose of 

 selling, so as to come within the exception, it seems to me 

 impossible to say that these extensive premises, being in 

 the open air and capable of holding so many hundred 

 sheep, can in any sense of the term be brought within the 

 description of a shop" (;;). 



A Horse which brings goods to Market to be sold is, as where a 

 well as the goods themselves, exempt from distress, for the Horse at a 

 sake of public utility (q) . W dSr?sf 



The Contagious Diseases (Animals) Act, 1878 (41 & 42 ^^ , » 

 Yict. c. 74), s. 32, Ord. 442, renders the exposure for diseased 

 sale of diseased animals unlawful, but it does not render the animals in. 

 sending of diseased animals to a public Market an action- 

 able wrong, in the absence of any warranty of soundness 

 or of any evidence of fraud or misrepresentation (r). 



HORSE STEALING. 



By 24 & 25 Vict. c. 96, s. 10, it is enacted, that " who- Stat. 24 & 25 

 soever shall steal any Horse, Mare, Gelding, Colt or Filly, ^^^^^ *^* ^^• 

 or any bull, cow, ox, heifer or calf, or any ram, ewe, sheep 

 or lamb, shall be guilty of felony:" and by sect. 11, it is 

 enacted, that " whosoever shall wilfully kill any animal 

 with intent to steal the carcase, skin or any part of the 

 animal so killed, shall be guilty of felony (s). 



In an indictment for Horse-stealing under 7 & 8 Geo. 4, Description in 

 c. 29, s. 25, the phraseology of which section has been ^^^^ ^^ ' 

 followed in this respect by 24 & 25 Yict. c. 96, s. 10, it 

 was held, that the animal, whether a Horse, Mare, Geld- 

 ing, Colt or Filly, might, be described as a " Horse," 

 although the statute specified the particular species and 

 gender (f) ; and the construction thus given to the former 



(p) Fearon v. Mitchell, L. R., 7 Cas. 13 ; 48 L. J., C. P. 281 ; 40 



Q. B. 294, 295; see also J/'ifo^t- v. L. T., N. S. 73; 27 W. R. 114. 



Bavies, L. R., 1 Q. B. D. 59 ; 45 Decided under 32 & 33 Vict. c. 70, 



L. J., M. C. 30 ; 33 L. T., N. S. s. 57, repealed. 



502 ; 24 W. R. 343. (,s) Repealing- but substantially 



{q) See Francis v. Wijait, 3 Burr. re-enacting- 7 & 8 Geo. 4, c. 29, s. 



1502, and the authorities there 25. 



cited. (t) Rex v. Aldrielge, 4 Cox, C. C. 



(?•) Ward V. Ilobhs, L. R., 4 App. 14 3. 



