64 



FAIRS AND MARKETS OVERT, ETC. 



Statutory 

 regulations. 



Kecovery 

 when sold 

 under these 

 regulations. 



Owner must 

 prove the 

 Horse was 

 stolen. 



Sale out of 

 market overt. 



Recovery 

 when not sold 

 under these 

 regulations. 



with regard to stolen Horses. For a purcliaser gains no 

 property in a Horse which has been stolen, unless he buys 

 it in a Fair or Market overt, according to the directions of 

 the statutes of Philip and Mary (.r), and Elizabeth (i/). 



By the statutes of Philip and Mary, and Elizabeth, it 

 is enacted, that the Plorse which is for sale shall be openly 

 exposed in the time of such Fair or Market, for one whole 

 hour together, between ten in the morning and sunset, in 

 the public place used for such sales, and not in any pri- 

 vate yard or stable ; and afterwards brought by both the 

 vendor and vendee to the bookkeeper of such Fair or 

 Market ; that toll be paid if any be due, and if not, one 

 penny to the bookkeeper, who shall enter down the price, 

 colour and marks of the Horse, with the names, additions 

 and abode of the vendee and vendor, the latter being pro- 

 perly attested (z). 



The sale of a Horse under these statutory regulations 

 does not take away the property of the owner, if within 

 six months after the Horse is stolen he puts in his claim 

 before some Magistrate where the Horse shall be found, 

 and within forty days more proves it to be his property by 

 the oath of two witnesses, and tenders to the person in pos- 

 session such price as he bond fide paid for him in Market 

 overt (r/). 



Unless, however, it is proved that the Horse was stolen a 

 Magistrate has no authority to restore it ; and, therefore, 

 where a complaint was made to a Magistrate by A. the 

 owner, that his Horse had been stolen by B., without actual 

 proof of its having been stolen, it was held that an officer, 

 although armed with a warrant against B., was not justified 

 imder the 31 Eliz. c. 12, s. 4, in taking the Horse out of 

 the possession of the bond fide purchaser from B. (b). 



Where Horses or other stolen goods are sold out of 

 Market overt, the owner's property is not altered, and he 

 may take them wherever he finds them (c) . 



We have seen that the sale of a stolen Horse, even in 

 Market overt, is void if certain statutory regulations have 

 not been observed, and in such case the owner does not 

 lose his property, but at any distance of time may seize 

 or bring an action for his Horse, wherever he happens to 

 find him {c). But, in a case (d) in which no evidence 



(^) 2 & 3 Ph. & M. c. 7. 



(V) 31 Eliz. 0. 12. 



(z) 2 Ph. & M. c. 7, and 31 Eliz. 



12. 



{(f) 31 Eliz. c. 12, s. 4 ; Kel. 48. 



{b) Joseph V. Adkins, 2 Stark. N. 

 P. C. 76. 



[c) 2 Bla. Com. 449. 



[d] North V. Jackson, 2 F. & F. 

 198. 



