66 



FAIRS AND MAllKETS OVERT, ETC. 



Wliere the 

 action is 

 against a 

 third party. 



Evidence of 

 conversion. 



Order for 

 restitution. 



Or action of 

 trover. 



But tills rule of public policy applies only to proceedings 

 between the plaintiff and the felon himself, or at the most 

 the felon and those with whom he must be sued (A), and 

 therefore it is not applicable where the action is against a 

 third party, who is innocent of the felony. 



Thus, it was held that an action of Trover was main- 

 tainable to recover the value of goods which had been 

 stolen from the plaintiff and which the defendant had 

 innocently purchased, although no steps had been taken to 

 bring the thief to justice (//). Thus, too, in a case where 

 A. had bond fide purchased a stolen Horse at a public 

 auction (not being a Market overt), and had sent it for 

 sale to a Repository for Horses kept by B., and there it 

 was found by the owner, who demanded it of B. in the 

 presence of A., and B. refused to give it up without the 

 authority of A. ; it was held in an action of Trover against 

 A. and B., that in this case it was not necessary in the 

 first instance to prosecute the felon, and that there was 

 sufficient evidence of a joint conversion ; inasmuch as, 

 though a servant or agent, who has received goods from 

 his master or principal, may, on a demand made by the 

 true owner of the goods, give a qualified refusal to deliver 

 them up, without being liable to an action of Trover ; yet 

 when a bailee sets up or relies upon the title of his bailor, 

 in answer to such demand, his refusal is evidence of a 

 conversion by him {I). 



If goods be stolen from any common person, and he 

 prosecutes the offender to conviction, he will be entitled 

 under 24 & 25 Yict. c. 96, s. 100 (A:), to an order of 

 restitution from the Court before whom the trial took 

 place, and this notwithstanding any intervening sale in 

 Market overt (/). 



Or the goods may be recovered in Trover from the 

 purchaser of them in Market overt, upon a conversion by 

 him subsequent to the conviction of the felon, without any 

 order for restitution having been made. For the effect of 

 24 & 25 Yict. c. 96, s. 100 {!:), is to revest the property in 

 stolen goods in the original owner upon conviction of the 

 felon im). 



{h) White V. Spettlgue, 13 M. & 

 W. 606 ; Stone v. Marsh, 6 B. &C. 

 551 ; Harsh v. Keating, 1 Bing. N. 

 C. 198 ; per Crowder, J., Lee v. 

 Bayes, 18 C. B. 602 ; and see Oshorn 

 V. Gillett, L. E., 8Ex. 88; 44 L. J., 

 Ex. 53. 



[i) Lee V. Bayes, 18 0. B. 599. 



[k) Taken from 7 & 8 Geo. 4, 

 c. 29, s. 57. 



{1) 2 Steph. Com. 64. 



[m] Scattert/ood v. Sylvester, 19 

 L. J., Q. B. 447. 



