242 



It was here decided by Lord Ellenborough, that 

 " a magistrate has no power under the statute of 

 EHzabeth, to cause a stolen horse to be re-delivered 

 to the owner, unless proof of the actual theft be 

 first given; and also, that although a constable 

 may be armed with a warrant against the thief, he 

 is not justified in taking the horse out of the 

 possession of another party, who had bona fide 

 purchased him from the thief." 



We have now to consider the important subject 

 of warranty. 



Warranty is of two kinds, express or implied. 

 On the bargain and sale of goods, the general 

 maxim is caveat emptor : that is, the law will not 

 hold the seller answerable for the goodness or 

 soundness of the article sold, unless he expressly 

 warrants it to be g:ood or sound. And by the 

 general rule, such warranty cannot be implied from 

 the mere circumstances under which the sale took 

 place; such as the amount of the price paid, &c. 

 There are some cases, nevertheless, in which a 

 warranty will be implied with respect to the quality 

 of the article ; and it may be laid down in general, 

 that where an article is asked for, to answer a par- 

 ticular purpose, the seller impliedly warrants that 

 it is fit for that purpose ; more particularly, if the 

 case be such, that the buyer has not had an 



