'68 FAIRS AND MARKETS OVERT, ETC. 



tention of the goods prior to sucli restitution. It was held 

 by Mr. Russell Guruey that there was no evidence of a 

 conversion by C. so as to enable B. to recover in this 

 action (r) . 

 Eepicvin for An action of Replevin may be maintained for any un- 



imlawful lawful taking of goods, as upon a mistaken charge of 

 aang. felony, and is not confined to the case of goods distrained. 



Thus, where there was a dispute between the defendant 

 L. and the plaintiff as to the ownership of a Horse, one 

 H., having obtained possession of it at the plaintiff's re- 

 quest, was charged by L. with stealing it. The defendant 

 C. was a policeman of the borough of Liverpool, appointed 

 imder 5 & (3 Will. 4, c. 7G, s. 76 ; and the charge having 

 been made to him, he apprehended H. and took jDOSsession 

 of the Horse. The charge of felony was afterwards dis- 

 missed by the police magistrate, but the defendant C, was 

 ordered to give up the Horse to the defendant L. The 

 plaintiff brought an action of Replevin against the defen- 

 dants C. and L. for taking and detaining his, the plaintiff's, 

 Horse, and it was held that, though unusual in such a 

 case, the action was maintainable («). 

 ■Wrongful It was held by Wightman, J., in the case of R. v. 



sale by Agent Jjai{/Ii [f), that a person, who was employed to take a 

 entrusted to Horse to a particular place, and sold it on the way, was 

 liim. rightly indicted under the 2nd section of the Fraudulent 



Trustees Act of 1S57 (20 & 21 Vict. c. 54), which section, 

 though repealed together with the rest of the act by 24 & 

 25 Vict. c. 95, has been re-enacted and extended by 24 & 

 25 Vict. c. 96, s. 76. 



(>•) Dossett V. Riimill and Gower, [t) Livei-pool Winter Assize, 



19 L. T. 339. (Sheriff's Court.) Dec. 1, 1857. 



(s) Mellor\. Leather, 17 Jur. 709. 



