RECOVERY OF STOLEN HORSES. 61 



policeman of the borough of Liverpool, appointed under 

 5 & 6 "Will. 4, c. 76, s. 76 ; and the charge having been 

 made to him, he apprehended H. and took possession of the 

 horse. The charge of felony was afterwards dismissed by 

 the police magistrate, but the defendant C. was ordered to 

 give up the horse to the defendant L. The plaintiff brought 

 an action of replevin against the defendants C. and L. for 

 taking and detaining his, the plaintiff's, horse, and it was 

 held that, though unusual in such a case, the action was 

 maintainable («). 



It was held by Wightman, J., in the case of R. v. Wrongful sale 

 Maigh (o), that a person, who was employed to take a horse Jjy ^g^°* °£^ 

 to a particular place, and sold it on the way, was rightly tohim" 

 indicted under the 2nd section of the Fraudulent Trustees 

 Act of 1857 (20 & 21 Vict. c. 54), which section, though 

 repealed together with the rest of the Act by 24 & 25 Vict. 

 c. 95, has been re-enacted and extended by 24 & 25 Vict. 

 c. 96, s. 76. 



(n) Mellor y. Leather, 17 J^T^- 709. (o) Liverpool Winter Assize, Dec. 



1, 1857. 



horse entrusted 



