54 



FAIRS AND MARKETS OVERT, ETC. 



Delivery on 

 trial. 



Goods taken 

 without con- 

 sent. 



Appropriation 

 of a hired 

 horse. 



Larceny 

 without proof 

 of sale. 



Taking with 

 an intent to 



Where W. let a horse on hire to C, who fetched the 

 horse every morning from W.'s stable and returned it after 

 the day's work was done, and the prisoner went to C. one 

 day just as the day's work was done and fraudulently 

 obtained the horse by saying, falsely, " I have come for W.'s 

 horse ; he has got a job on and wants it as quickly as 

 possible ; " and the same evening the prisoner was found 

 three miles off with the horse by a constable, to whom he 

 stated it was his father's horse and that he was sent to sell 

 it. This was held as against W. to be a larceny, though 

 as against C. it would have been an obtaining by false 

 pretences (li). 



If, instead of delivering a horse on the completion of a 

 bargain, the owner allows the party to ride him by way 

 of trial, and he rides away in pursuance of an intention to 

 defraud, the property is unchanged, and the felony is 

 complete (w). 



If the owner does not consent to the goods being taken, 

 and the person when he bargains for them does not intend 

 to pay for them, but means to get them into his possession, 

 and dispose of them for his own benefit without paying for 

 them, it is a larceny (x) . 



If a horse be hired for the day by a person intending at 

 the time of hiring to appropriate it, and it is accordingly 

 taken away and sold, a felony is committed, because the 

 owner did not intend to relinquish his property in the horse, 

 but only the temporary possession (y). But where a horse 

 is hired for a particular purpose the selling him after that 

 purpose is accomplished wUl not constitute a new felonious 

 taking (2). 



If goods are delivered to a person on hire, and he takes 

 them away animo furandi, he is guilty of larceny, although 

 no actual conversion of them by sale or otherwise is 

 proved. Thus, where A. hired a horse and gig with the 

 felonious intention of converting them to his own use, 

 and afterwards offered them for sale, but no sale took 

 place ; it was held nevertheless that he was guilty of 

 larceny (a). 



A taking with the bare intent to use goods, though 



(m) Beg. V. Kendall, 30 L. T. 345 ; 

 12 Cox, C. C. 698, C. C. R. 



{w) See Dickinson, Q. S. 220. 



(x) Gilbert's Case, 1 Mood. C. C. 

 186. 



(y) Hex V. Fear, 1 Leach, 621 ; 



Sex V. Fateh, Ibid. 238 ; £ex v. 

 I>ratt, 1 Mood. C. C. 186. 



(s) Sex V. £anks, R. & R. 441. 



(a) Seg. v. Janson, i Cox, C. C. 

 82, OTerruling Seg. v. Brooks, 8 C. 

 &P. 295. 



