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A.D. 1893.

SCHEDULE.

Sec. 60.

This Schedule is to be read as referring to the revised edition of the Statutes prepared under the direction of the Statute Law Committee.

ENACTMENTS REPEALED.

Session and Chapter.

Title of Act and Extent of Repeal.

1 Jac. 1, c. 21 .

29 Cha. 2, c. 3

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An Act against brokers.

The whole Act.
An Act for the prevention of frauds and per-
juries.
In part; that is to say, sections fifteen and

9 Geo. 4, c. 14

sixteen. An Act for rendering a written memorandum

necessary to the validity of certain promises
and engagements:

In part ; that is to say, section seven.
The Mercantile Law Amendment (Scotland)
Act, 1856.
In part; that is to say, sections one, two,

three, four, and five.
The Mercantile Law Amendment Act, 1856.

In part ; that is to say, sections one and

two.

19 & 20 Vict. c. 60

19 & 20 Vict. c. 97

Commonly cited as sections sixteen and seventeen.

153

APPENDIX

AN ACT AGAINST THE BUYING OF STOLEN

HORSES, A.D. 1555.

2 & 3 PHILIP & MARY, c. 7.

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“FORASMUCH as stolen horses, mares, and geldings by thieves and their confederates be for the most part sold, exchanged, given or put away in houses, stables, back-sides, and other secret and privy places of markets and fairs, and the toll also privily paid for the same, whereby the true owners thereof being not able to try the falsehood and covin betwixt the buyer and seller of such horse, mare, or gelding, 'is by the common law of this realm without remedy :”BE IT THEREFORE In what. ENACTED, that the owner, governor, ruler, fermor, steward, manner

horses shall be bailiff, or chief keeper of every fair and market overt within sold in fairs or this realm and other the Queen's dominions, shall before markets. the feast of Easter next and so yearly appoint and limit out a certain and special open place within the town, place, field, or circuit, where horses, mares, geldings, and colts, have been and shall be used to be sold in any fair or market overt; in which said certain and open place as is aforesaid there shall be by the said ruler, or keeper of the said fair or market, put in and appointed one sufficient person or more to take toll, and A place shall

be appointed keep the same place from ten of the clock before noon until for a horsesunset of every day of the aforesaid fair and market, upon pain fair

, and also

a to lose and forfeit for every default forty shillings; and that every toll-gatherer, his deputy or deputies, shall during the time of every the said fairs and markets take their due and lawful tolls for every such horse, mare, gelding, or colt at the said open place, to be appointed as is aforesaid, and betwixt the hours of ten of the clock in the morning and sunset of the said day if it be tendered, and not at any other time or

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When, where, place; and shall have presently before him or them, at and of whom toll for horses the taking of the same toll, the parties to the bargain, shall be taken. exchange, gift, contract or putting away of every such horse,

mare, gelding, or colt; and also the same horse, mare, gelding, and colt so sold, exchanged, or put away ; and shall then write or cause to be written in a book to be kept for that purpose the names, surnames, and dwelling-places of all the said parties, and the colour, with one special mark at the least of every such horse, mare, gelding, and colt; on pain to forfeit at and for every default contrary to the tenor thereof

forty shillings. A note of a'l 3. And the said toll-gatherer or keeper of the said book horses sold in shall within one day next after every such fair or market a fair or market. bring and deliver his said book to the owner, governor, ruler,

steward, bailiff, or chief keeper of the said fair or market, who shall then cause a note to be made of the true number of all horses, mares, geldings, and colts sold at the said market or fair, and shall there subscribe his name or set his mark thereunto; upon pain to him that shall make default therein to lose and forfeit for every default forty shillings, and also answer the party grieved by reason of the same his negligence

in every behalf. Sale of stolen 4. That the sale, gift, exchange, or putting away, after borse in fair

the last day of February now next coming, in any fair or not to alter property un- market overt, of any horse, mare, gelding, or colt that is less, &c.

or shall be thievishly stolen, or feloniously taken away from any person or persons shall not alter, take away, nor exchange the property of any person or persons to or from any such horse, mare, gelding, or colt, unless the same horse, mare, gelding, or colt shall be, in the time of the said fair or market wherein the same shall be so sold, given, exchanged, or put away, openly ridden, led, walked, driven, or kept standing by the space of one hour together at the least, betwixt ten of the clock of the morning and the sunsetting, in the open place of the fair or market wherein horses are commonly used to be sold, and not within any house, yard, back-side, or other privy or secret place, and unless all the parties to the bargain, contract, gift, or exchange present in the said fair or market shall also come together, and bring the horse, mare, gelding, or colt so sold, exchanged, given, or put away to the open place appointed for the toll-taker or for the book-keeper where

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no toll is due, and there enter or cause to be entered their names and dwelling-places in manner as is aforesaid, with the colour or colours and one special mark at the least of every the same horses, mares, geldings, or colts in the toll-taker's book, or in the keeper's book for that purpose where no toll is due as is aforesaid, and also pay him their toll, if they ought to pay any: and if not, then the buyer to give one penny for the entry of their names, and executing the other circumstances afore rehearsed to him that shall write the same in the said book.

5. And if any horse, mare, gelding, or colt that is or shall Recovery of be thievishly stolen or taken away, shall after the said last day owner.

horse by of February next coming be sold, given, exchanged, or put away in any fair or market, and not used in all points according to the tenor and intent of this estatute, that then the owner of every such horse, mare, gelding, or colt shall and may by force of this estatute seize or take again the said horse, mare, gelding, or colt, or have an action of detinue or replerin for the same; any sale, gift, exchange, or putting away of any such horse, mare, gelding, or colt other than according to this estatute in anywise notwithstanding.

6. The one-half of all which forfeitures to be the King's Forfeitures. and Queen's majesties, her heirs, and successors, and the other to him or them that will sue for the same, before the justices of peace or in any of the King's and Queen's majesties' ordinary courts of record, by bill, plaint, action of debt, or information in which suits no protection, essoin, or wager of law, shall be allowed.

7. That the justices of peace of every place and country, as Justices of the well within liberties as without, shall have authority in their peace to hear

offences. sessions within the limits of their authority and commission, to inquire, hear, and determine all offences against this estatute as they may do any other matter triable before them.

8. That in every such fair or market wbere any toll is nor Allowance of shall be due, ne leviable by reason of the freedom, liberty, bookkeeper

where no toll or privilege of the said fair or market, the keeper or keepers due. of the book touching the execution of this present act shall take nor exact but one penny upon and for every contract for his labour in writing the entry concerning the premises in manner and form as is before declared.

AN ACT TO AVOID HORSE STEALING, A.D. 1589.

31 ELIZ. c. 12.

Sellers of

“WHEREAS through most counties of this realm horse horses in fairs stealing is grown so common as neither in pastures or closes, or markets must be

nor hardly in stables, the same are to be in safety from known to the stealing, which ensueth by the ready buying of the same toll-taker, or some other

by horse coursers and others in some open fairs or markets far who will distant from the owner, and with such speed as the owner avouch the sale, which

cannot by pursuit possibly help the same ; and sundry good shall be en- ordinancies have heretofore been made touching the manner of tered in the toll-book, &c. selling and tolling of horses, mares, geldings, and colts in fairs

and markets, which have not wrought so good effect for the repressing or avoiding of horse-stealing as was expected."

2. Now for a further remedy in that behalf be it enacted, that no person after twenty days next after the end of this session of Parliament shall in any fair or market sell, give, exchange, or put away any horse, mare, gelding, colt, or filly, unless the toll-taker there, or (where no toll is paid) the book-keeper, bailiff, or the chief officer of the same fair or market shall and will take upon him perfect knowledge of the person that so shall sell or offer to sell, give, or exchange any horse, mare, gelding, colt, or filly, and of his true christian name, surname, and place of dwelling or resiancy, and shall enter all the same his knowledge into a book there kept for the sale of horses; or else that he so selling, or offering to sell, give, exchange, or put away any horse, mare, gelding, colt,

or filly sball bring unto the toll-taker or other officer aforesaid A sufficient

of the same fair or market, one sufficient and creditable person and credible that can, shall, and will testify and declare unto and before person shall avouch the

such toll-taker, book-keeper, or other officer, that he knoweth horse seller. the party that so selleth, giveth, exchangeth, or putteth away

such horse, mare, gelding, colt, or filly, and his true name, surname, mystery, and dwelling-place, and there enter or cause to be entered in the book of the said toll-taker or officer as well the true christian name, surname, mystery, and place of dwelling or resiancy of him that so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filly, as of him that so shall testify or avouch his knowledge of the same person ; and shall also cause to be entered the very true

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