239 



loser's right to obtain restitution of his goods; for 

 that right of restitution, where the thief is prose- 

 cuted to conviction, is secured by an Act of Parlia- 

 ment, 21 Hen. VIII. cap. 11. 



They only affect that right in the absence of a 

 prosecution. By the Act of 7 and 8 Geo. IV. cap. 

 29, § 57 (commonly called Peel's Act), it is pro- 

 vided, that in the case of offences committed under 

 that act, if the thief or receiver of stolen property 

 shall be indicted and convicted by the owner, the 

 court may order restitution of the property to the 

 owner in a summary manner, except in the case of 

 negotiable instruments ho7ia Jide taken without 

 notice, and for valuable consideration ; there is 

 however, an important distinction to be noticed as 

 regards the power of enforcing restitution, even 

 where the thief has been prosecuted to conviction ; 

 in such a case, the owner may enforce restitution 

 from any party in whose possession he actually 

 finds the goods ; vide Packer v. Gillies, 2 Camp- 

 bell, 336 (note). And in one case in Koy's Re- 

 ports, 128, the owner recovered from the defendant 

 the proceeds of the stolen goods ; but he cannot 

 enforce restitution from a party who has bought 

 the goods in market overt, and resold them before 

 the thief was convicted ; not even though the pur- 

 chaser had notice of the robbery : this doctrine is 



