60 



FAIRS AND MARKETS OVERT, ETC. 



When the 

 offence is 

 complete. 



Property- 

 given up. 



Delivery of a 

 Horse to a 

 strang-er. 



statute would probably make it unnecessary to amend in 

 a like case an indictment under the present statute. Now, 

 upon any similar objection being taken, not covered as in 

 this case by an express decision, the indictment might be 

 amended under 14 & 15 Vict. c. 100, s. 1. 



If a Horse in a close is taken with intent to steal him, 

 but the thief is caught before he get out of the close, the 

 offence is complete (?()• And where the prisoner went 

 into the stable of an inn, and pointing to a Mare said to 

 the ostler, "that is my Horse, saddle him," and the ostler 

 did so, and the prisoner tried to mount the Mare in the 

 inn yard, but failing to do so directed the ostler to lead 

 the Mare out of the yard for him to mount, and the ostler 

 led her out, but before the prisoner had time to mount her 

 a person who knew the Mare came up and the prisoner 

 was secm'cd ; it was held, that if the prisoner caused the 

 Mare to be led out of the stable intending to steal her, 

 that was a sufficient taking to constitute a felony (.r) . 



If the owner of goods gives up the possession of his 

 goods, at the same time intending to part with the entire 

 property in them, it is no larceny, although he may be 

 defrauded in the bargain {//). 



A person selling a Horse at a Fair should take care 

 how he delivers his Horse to a stranger without receiving 

 payment for him, because whatever false statements and 

 pretences the stranger may make use of, if the seller part 

 with him on a promise being made that he shall be paid 

 for him at a certain place, and the Horse is ridden oif 

 without his receiving the money, he cannot get him back 

 again, neither can he indict the stranger for tricking him, 

 but his only remedy is an action for the price, which it 

 might be useless to bring against so worthless a party. 

 Thus, where a man was indicted for obtaining a Filly by 

 false pretences, it appeared that the prisoner pretending to 

 be a gentleman's servant, that he lived at Brecon, and that 

 he had bought twenty Horses at Brecon Fair, got posses- 

 sion of a Filly there from a person who had her on sale, 

 saying that if the prosecutor would take a Horse he de- 

 livered to him to the Cross Keys he would meet him and 

 pay the money. The prisoner never made his appearance, 

 and the Horse left was good for nothing. It was held 

 that as the prosecutor parted with the Filly because the 



{ii) 1 Hale, 508. 



(.*■) Hex V. rUman, 2 C. & T. 423. 



(y) Per Coleridge, J. 

 Sheppard, 9 C. & P. 123. 



Beg. 



