THE USE OF THE LAW. 243 



fair, between ten and five o clock, and tolled for in the toll 



book, and the seller must bring one to avouch his sale, 



known to the toll book keeper, or else the sale bindeth me 



not. And for any other goods, where the sale in a market 



or fair shall bar the owner, being not the seller of his pro 



perty, it must be sale in a market or fair where usually 



things of that nature are sold. As for example : if a man Of markets, 



steal a horse, and sell him in Smithfield, the true owner is J nd wha , t mar ; 



barred by this sale ; but if he sell the horse in Cheapside, oughtTo bV 



Newgate, or Westminster Market, the true owner is not made in. 



barred by this sale, because these markets are usual for 



flesh, fish, &c. and not for horses. 



So, whereas, by the custom of London, in every shop 

 there is a market all the days of the week, saving Sundays 

 and holidays. Yet if a piece of plate or jewel that is lost, 

 or chain of gold or pearl that is stolen or borrowed, be sold 

 in a draper s or scrivener s shop, or any others but a gold 

 smith, this sale barreth not the true owner, et sic in simi- 

 libus. 



Yet by stealing alone of goods the thief getteth not such The owner may 

 property, but that the owner may seize them again where- s ^ lze hls g 0(ls 



I r&amp;gt; j ,1 ,1 , 1/ , 1 i i p alter they are 



soever he nndetn them ; except they were sold in fair or sto ien. 

 market, after they were stolen, and that bona fide without 

 fraud. 



But if the thief be condemned of the felony, or outlawed If the thief be 



for the same, or outlawed in any personal action, or have condemned for 



... , c f. . f, -. J f. ,, , leionv, or out- 



committed a forfeiture of goods to the crown, then the true lawed, or forfeit 



owner is without remedy. the stolen goods 



Nevertheless, if fresh after the goods were stolen, the J^ 1 ^ ^&quot; 

 true owner maketh pursuit after the thief and goods, and without re- S 

 taketh the goods with the thief, he may take them again, medy. But if 

 And if he make no fresh pursuit, yet if he prosecute the h |j m * k f fresh 



&quot; 



felon so far as justice requireth, that is, to have him ar- {Xe &quot;lis go! 

 raigned, indicted, and found guilty (though he be not from the thief. 

 hanged, nor have judgment of death), or have him out- ^jj ^ e p j^ e &quot; 

 lawed upon the indictment; in all these cases he shall gainst the tUef, 

 have his goods again, by a writ of restitution to the party and convict him 



in whose -hands they are. of the same fe 



lony, he shall 



IV. By waving of goods. 



By waving of goods a property is gotten thus. A thief of restitution 

 having stolen goods, being pursued, flieth away and leaveth 

 the goods. This leaving is called waving, and the property 

 is in the king ; except the lord of the manor have right to 

 it by custom or charter. 



