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Stolen Goods

market, bond and overt

STOLEN GOODS, in point of law, stand in this situation in England: a bond fide pur chaser of such goods, who has not bought them in market overt, is bound to restore , them to the true owner; but if the goods are sold in market overt, the purchaser is en titled to keep them,, unless the owner has duly prosecuted and convicted the thief. Mar ket overt means the open market in towns and places where a legal market is held, and the old doctrine was, that as all sales were conducted by exposure of goods in an open place, the owner of the lost goods was likely to find them easily by going to the nearest market—a doctrine which is now quite inapplicable to modern habits. In the city of London, every shop is held to be a market overt within the above rule, but this only applies to the city proper, and not the suburbs and western parts of the metropolis. The above rule, as to stolen goods, does not apply to valuable securities which are stolen, if the security has been paid or discharged bond fide by the person liable, or if the security is a negotiable instrument, and it have been bond fide transferred or delivered for a just and valuable consideration. without any notice, and without any reasonable

cause to suspect that the same had been obtained by felony or misdemeanor. ,The law is obviously harsh as regards owners, for a man who has had the misfortune to have his goods stolen, must go to the further loss and expense of prosecuting the thief before he can recover them.—In the law of Scotland, it is otherwise. The owner has not only an action against the thief, but against third parties, whether they have bought teen or taken them in pledge bond, fide or not. But as to bank-notes, and hills payable to bearer, or blank indorsed, the property in these passes with the possession, and the real owner cannot vindicate them against one who has bond fkle acquired them in the course of trade. As to giving reward for recovery of stolen goods, see REWARD; also REsTI TUTION. •