HORSE STEALING. 53 



express decision, the indictment might be amended under 

 14 & 15 Vict. c. 100, s. 1. 



If a horse in a close is taken with intent to steal him, "When the 

 but the thief is caught before he get out of the close, the off^^^e 's 

 ofPence is complete (g). And where the prisoner went into 

 the stable of an inn, and, pointing to a mare, said to the 

 ostler, " That is my horse, saddle him," and the ostler did 

 so, and the prisoner tried to mount the mare in the inn 

 yard, but failing to do so directed the ostler to lead the 

 mare out of the yard for him to mount, and the ostler led 

 her out, but before the prisoner had time to mount her a 

 person who knew the mare came up and the prisoner was 

 secured ; it was held, that if the prisoner caused the mare 

 to be led out of the stable intending to steal her, that was a 

 sufficient taking to constitute a felony (r) . 



If the owner of goods gives up the possession of his goods, Property 

 at the same time intending to part with the entire property ^"^^ ^^' 

 in them, it is no larceny, although he may be defrauded in 

 the bargain (s). 



A person selling a horse at a fair should take care how Delivery of a 

 he delivers his horse to a stranger without receiving pay- ^°^^'^ *" ^ 

 ment for him, because whatever false statements and pre- ^ ^S^""- 

 tences the stranger may make use of, if the seller part with 

 him on a promise being made that he shall be paid for him 

 at a certain place, and the horse is ridden off without his 

 receiving the money, he cannot get him back again, neither 

 can he indict the stranger for tricking him, but his only 

 remedy is an action for the price, which it might be useless 

 to bring against so worthless a party. Thus, where a man 

 was indicted for obtaining a filly by false pretences, it 

 appeared that the prisoner, pretending to be a gentleman's 

 servant, that he lived at Brecon, and that he had bought 

 twenty horses at Brecon Fair, got possession of a filly there 

 from a person who had her on sale, saying that if the pro- 

 secutor would take a horse he delivered to him to the Cross 

 Keys he would meet him and pay the money. The prisoner 

 never made his appearance, and the horse left was good for 

 nothing. It was held, that as the prosecutor parted with 

 the filly because the prisoner promised to pay him, and not 

 on account of any of the false pretences charged, the 

 prisoner was entitled to an acquittal {t). 



(q) 1 Hale, 508. Sheppard, 9 C. & P. 123. 



(>■) Eex T. Pitman, 2 C. & P. 423. (<) Rex t. Bale, 7 C. & P. 352 ; 



^«) Per Coleridge, J., Reg. v. R. t. Saney, 1 Leach, 467. 



