KECOVERY OF STOLEN HORSES. 57 



it in a fair or market overt, according to the directions of 

 the statutes of Philip and Mary (q), and Elizabeth (r). 



By the statutes of Philip and Mary, and Elizabeth, it Statutory 

 is enacted, that the horse which is for sale shall be openly regulations. 

 exposed in the time of such fair or market, for one whole 

 hour together, between ten in the morning and sunset, in 

 the public place used for such sales, and not in any private 

 yard or stable ; and afterwards brought by both the vendor 

 and vendee to the bookkeeper of such fair or market ; that 

 toll be paid if any be due, and if not, one penny to the 

 bookkeeper, who shall enter down the price, colour, and 

 marks of the horse, with the names, additions and abode of 

 the vendee and vendor, the latter being properly attested (s) . 



The sale of a horse under these statutory regulations Recovery when 

 does not take away the property of the owner, if within t^g'^eTeeula- 

 six months after the horse is stolen he puts in his claim tions. 

 before some magistrate where the horse shall be found, 

 and within forty days more proves it to be his property by 

 the oath of two witnesses, and tenders to the person in pos- 

 session such price as he bond fide paid for him in market 

 overt (t). 



Unless, however, it is proved that the horse was stolen a Owner must 

 magistrate has no authority to restore it ; and, therefore, ^^^st^^g^'^'"^^^ 

 where a complaint was made to a magistrate by A. the 

 owner, that his horse had been stolen by B., without actual 

 proof of its having been stolen, it was held that an officer, 

 although armed with a warrant against B., was not justified 

 under the 31 Eliz. c. 12, s. 4, in taking the horse out of the 

 possession of the bond fide purchaser from B. (m). 



Where horses or other stolen goods are sold out of Sale out of 

 market overt, the owner's property is not altered, and he ^"■^^^^ o^'^'^*- 

 may take them wherever he finds them (x). 



We have seen that the sale of a stolen horse, even in Recovery when 

 market overt, is void if certain statutory regulations have °^gsfrg„™a-^' 

 not been observed, and in such case the owner does not tJ0Qg_ 

 lose his property, but at any distance of time may seize 

 or bring an action for his horse, wherever he happens to 

 find him (x). But, in a case (y) in which no evidence was 



(?) 2 & 3 Ph. & M. u. 7, post, c. 12. 

 Appendix. By s. 22, sub-s. (2) ot the (t) 31 Eliz. c. 12, s. 4 ; Eel. 48. 



Sale of Goods Act, 1893, notting in («) Joseph v. Adkim, 2 Stark. N. 



that section shall affect the law relat- P. C. 76. 

 ing to the sale of horses. {x) 2 Bla. Com. 449. 



(r) 31 Eliz. c. 12, post. Appendix. (y) North v. Jackson, 2 F. & F. 



(s) 2 Ph. & M. c. 7, and 31 Eliz. 198. 



