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STOLEN GOODS
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STOLEN GOODS . In See also:English See also:law, various points of importance arise in connexion with chattels which have been the subject of See also:larceny and have not been returned to the See also:possession of their owner. The owner of the goods stolen has an See also:action against the thief for the goods or their value. How far he is entitled to pursue his See also:civil right to the exclusion of criminal See also:prosecution does not seem very clear upon the authorities. In Midland See also:Insurance Ca. v. See also: This resemblance led, during the 19th See also:century, to a confusion of the two vestments. The scarf was narrowed into the black stole, sometimes ornamented with crosses embroidered in the centre behind and at the ends, and this was gradually replaced by coloured stoles, varying according to the church's seasons. The stole, either black or coloured, is now almost universally worn by the See also:Anglican clergy, even where the other " eucharistic vestments " have not been adopted. It may be noted that, whatever may be the See also:case with the other reformed churches, it is unsafe to argue from the disuse of the stole in the Church of England that. this was intended to symbolize the rejection of the See also:major orders "in the See also:Catholic sense," unless this sense be taken to imply a necessary connexion with the See also:doctrine of See also:transubstantiation and the See also:sacrifice of the See also:mass. (W. A. P.) misdemeanour, as in obtaining goods by false pretences. See also:Recent possession of stolen See also:property may, according to circumstances, support the presumption that the prisoner is a thief or that he is a See also:receiver. The Prevention of Crime Act, 1871, made important changes in the law of See also:evidence in charges of receiving. It allows, under proper safeguards, evidence to be given in the course of the trial of the finding of other stolen property in the possession of the accused, and of a previous conviction for any offence involving See also:fraud and dishonesty. (2) Compounding theft, or theftbote (redemptio furti), that is, taking back stolen goods or receiving See also:compensation on condition of not prosecuting, is a misdemeanour at common law. It need not necessarily be committed by the owner of the goods. Under the Larceny Act it is a felony punish-able by seven years' penal servitude to take See also:money or See also:reward corruptly for helping to recover stolen goods without using all due See also:diligence to bring the offender to trial. By the same act, to advertise or See also:print or publish any See also:advertisement offering a reward for the return of stolen goods, and using any words 'purporting that no questions will be asked, &c., renders the offender liable to a See also:penalty of L5o. This penalty must, by the Larceny (Advertisements) Act 187o, be sued for within six months, and the assent of the See also:attorney-See also:general is necessary. Various acts provide for the liabilities of pawnbrokers, publicans, marine-See also:store dealers, and others into whose possession stolen goods come. See also:Search for stolen goods can only be undertaken by a See also:police officer under the See also:protection of a search See also:warrant. The law as to stolen goods, as far as it affects the civil rights and liabilities of the owner and third parties, is shortly as follows. As a general See also:rule a purchaser takes goods subject to any infirmities of See also:title. The property in money,See also:bank-notes,and negotiable See also:instruments passes by delivery, and a person taking any of these See also:bona fide and for value is entitled to retain it as against a former owner from whom it may have been stolen. In the case of other goods, a bona fide purchaser of stolen goods in See also:market overt (see See also:SALE OF Goons) obtains a See also:good title (except as against the See also:Crown), provided that the thief has not been convicted. After conviction of the thief the property revests in the owner, and the See also:court before which the thief was convicted may See also:order restitution, except in the cases specially mentioned in the Larceny Act, i.e. the bona fide See also:discharge or See also:transfer of a See also:security for value without See also:notice and the fraudulent dealing by a trustee, banker, &c., with goods and documents of title to goods entrusted to him. After conviction of the thief the goods must be recovered from the person in whose hands they are at the See also:time of the conviction, for any sales and resales, if the first sale was in market overt, are good until conviction of the thief. The protection given by market overt is unknown in See also:Scotland. If the goods were obtained by false pretences and not by larceny, the question then is whether the property in the goods has passed or not, and the See also:answer to this question depends upon the nature of the false pretences employed. If the See also:vendee obtains possession of goods with the intention by the vendor to transfer both the property and the possession, the property vests in the vendee until the vendor has done some act to disaffirm the transaction. But if there was never any such intention—if, for instance, the vendor delivers the goods to A.B. under the belief that he is C.D.—the property does not vest in the transferee, and the owner may recover the goods even from a bona fide purchaser. In the See also:United States the law as to stolen goods is regulated by See also:statute in the various states, but the broad principles are practically in accordance with English law. The doctrine of market overt is not, however, acknowledged by any See also:state. The purchaser from a thief gets no title as against the owner. One who See also:buys goods from a See also:factor who procured them by larceny is not protected by the Factors Act in New See also:York (Sollau v. Gerdau, 119 N.Y. 38o). To the same effect (Gentry v. Singleton (1904), 128 Fed. R. 699) is a See also:purchase of See also:cattle from a thief. The U.S. Supreme Court held, in an action of See also:detinue to recover five See also:negro slaves, that the English rule as to sale in market overt did not apply in the United States (Ventress v. Smith, so See also:Peters 175). In See also:Pennsylvania there is no market overt and a purchaser of See also:personal property cannot get a good title from one without 955 title by paying for it (1907, Heisley v. See also:Economy See also:Tool Co. 33, Pa. Super. Ct. 218). So in See also:Maine (Combs v. Gorden, 59 Me. rIs). In See also:Massachusetts a sale of See also:butter in the open market by one who had feloniously acquired possession of it did not transfer the property (See also:Dame v. See also:Baldwin, 8 Mass. 518). So held also in New York where horses stolen from there were sold in See also:Canada, though a purchaser there is entitled to be reimbursed before delivering to the owner (Edgerly v. See also:Bush, 81 N.Y. 199). See also FALSE PRETENCES; LARCENY. 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