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price or value that he shall have for the same horse, mare, The price of
the horse shall gelding, colt, or filly so sold ; and that no person shall take 1
be entered in upon him to avouch, testify, or declare that he knoweth the toller's
book. the party that so shall offer to sell, give, exchange, or put away any such horse, mare, gelding, colt, or filly, unless he do indeed truly know the same party, and shall truly declare to the toll-taker or other officer aforesaid, as well the christian name, surname, mystery, and place of dwelling and resiancy of himself, as of him of and for whom he maketh such testimony and avouchment; and that no toll-taker or other person keeping any book of entry of sales of horses in fairs or markets shall take or receive any toll, or make entry of any sale, gift, exchange, or putting away of any horse, mare, gelding, colt or filly, unless he knoweth the party that so selleth, giveth, exchangeth, or putteth away any such horse, mare, gelding, colt or filly and his true christian name, surname, mystery, and place of his dwelling or resiancy, or the party that shall and will testify and avouch his knowledge of the same person so selling, giving, exchanging, or putting away such horse, mare, gelding, colt, or filly, and his true christian name, surname, mystery, and place of dwelling or resiancy, and shall make a perfect entry into the said book of such his knowledge of the person, and of the name, surname, mystery, and place of dwelling or resiancy of the said person, and also the true price or value that shall be bonâ fide taken or had for any such horse, mare, gelding, colt or filly so sold, given, exchanged, or put away, so far as he can understand the same, and then A note in give to the party so buying or taken by gift, exchange, or
be given to the otherwise, such horse, mare, gelding, colt or filly, requiring buyer. and paying twopence for the same, a true and perfect note in writing of all the full contents of the same subscribed with his hand ; on pain that every person that so shall sell, give, exchange, or put away any horse, mare, gelding, colt or filly, without being known to the toll-taker or other officer aforesaid, or without bringing such a voucher or witness causing the same to be entered as aforesaid, and every person The penalty of making any untrue testimony or avouchment in the behalf the person
offending in as aforesaid, and every toll-taker, book-keeper, or other officer any of the of fair or market aforesaid, offending in the premises contrary cases aforeto the true meaning aforesaid, shall forfeit for every such default the sum of five pounds, but also that every sale,
gift, exchange, or other putting away of any horse, mare, otherwise made shall be gelding, colt, or filly, in fair or market, not used in all points void.
according to the true meaning aforesaid, shall be void, the one half of all which forfeitures to be to the Queen's majesty, her heirs, and successors, and the other half to him or them that will sue for the same before the justices of peace, or in any of her majesty's ordinary courts of record, by bill, plaint, action of debt or information, in which no essoin or
protection shall be allowed. The justices of 3. That the justices of peace of every place and county, as peace may
well within liberties as without, shall have authority in their hear and de
sessions, within the limits of their authority and commission, offences aforesaid.
to inquire, hear, and determine all offences against this statute as they may do any other matter triable before them.
4. That if any horse, mare, gelding, colt or filly, after twenty days next ensuing the end of this session of Parliament, shall be stolen, and after shall be sold in open fair or market, and the same sale shall be used in all points and circumstances as aforesaid, that yet nevertheless the sale of any such borse, mare, gelding, colt or filly, within six months next after the felony done, shall not take away the property of the owner, from whom the same was stolen, so as claim be made within six months by the party from whom the same was stolen, or by his executors or administrators, or by any other by any of their appointment, at or in the town or parish where the same horse, mare, gelding, colt, or filly shall be found before the mayor or other head officer of the same town or parish, if the same horse, mare, gelding, colt or filly shall happen to be found in any town corporate or market town, or else before any justice of peace of that county near to the place where such horse, mare, gelding, colt or filly shall be found if it be out of a town corporate or market town; and so as proof be made within forty days then next ensuing by two sufficient witnesses to be produced and deposed before such head officer or justice (who by virtue of this Act shall have authority to minister an oath in that behalf), that the property of the same horse, mare, gelding, colt or filly so claimed was in the party by or from whom such claim is made, and was stolen from
him within six months next before such claim of any such horse, The owner
gelding, mare, colt or filly; but that the party from whom the may redeem a horse stolen said horse, mare, gelding, colt or filly was stolen, his executors or
administrators, shall and may at all times after, notwithstand- from him
within six ing any such sale or sales in any fair or open market thereof
inonths after, made, have property and power to have, take again, and enjoy paying the the said horse, mare, gelding, colt, or filly, upon payment, or
price. readiness, or offer to pay to the party that shall have the possession and interest of the same horse, mare, gelding, colt or filly, if he will receive and accept it, so much money as the same party shall depose and swear before such head officer, or justice of peace (who by virtue of this Act, shall have authority to minister and give an oath in that behalf) that he paid for the same bona fide, without fraud or collusion; any law, statute or other thing to the contrary thereof in anywise notwithstanding.
THE STATUTE OF FRAUDS, A.D. 1677.
29 CAR. 2, c. 3.
AND be it further enacted by the authority aforesaid, that Sec. 16. from and after the said 24th day of June (1677] no writ of Writs of exefieri facias or other writ of execution shall bind the property of bind the the goods against whom such writ of execution is sued forth, property of
goods but from but from the time that such writ shall be delivered to the the time of sheriff, under-sheriff, or coroners, to be executed : and for the their delivery
to the officer. better manifestation of the said time, the sheriff, under-sheriff, and coroners, their deputies and agents, shall, upon the receipt of any such writ (without fee for doing the same), endorse upon the back thereof the day of the month or year whereon he or they received the same.
Amended by the Mercantile Law Amendment Act, 1856, section 1, post.
And be it further enacted by the authority aforesaid, that Sec. 17. from and after the said 24th day of June (1677), no contract Contracts for
sales of goods for the sale of any goods, wares, or merchandizes, for the price for
ten pounds of ten pounds sterling or upwards, shall be allowed to be good, or more. except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by
the parties to be charged by such contract or their agents thereunto lawfully authorized.
Now numbered section 16.
LORD TENTERDEN'S ACT, A.D. 1828.
9 GEO. IV. c. 14, s. 7.
Section 7. Statute of Frauds, s. 17, extended to contracts for goods of the value of ten pounds although not made.
AND whereas by an Act passed in England in the twentyninth year of the reign of King Charles II. intituled “ An Act for the prevention of Frauds and Perjuries," it is among other things enacted, that from and after the 24th day of June, 1677, no contract for the sale of any goods, wares,
and merchandises, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agents thereunto lawfully authorized ; and whereas a similar enactment is contained in an Act passed in Ireland in the seventh year of the reign of King William III.: and whereas it has been held that the said recited enactments do not extend to certain executory contracts for the sale of goods, which nevertheless are within the mischief thereby intended to be remedied, and it is expedient to extend the said enactments to such executory contracts ; Be it enacted that the said enactment shall extend to all contracts for the sale of goods of the value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.
THE BILLS OF LADING ACT, 1855.
18 & 19 VICT. c. 111.
An Act to Amend the Law Relating to Bills of Lading. “WHEREAS by the custom of merchants a bill of lading of goods being transferable by indorsement the property in the goods may thereby pass to the indorsee, but nevertheless all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property : And whereas it frequently happens that the goods in respect of which bills of lading purport to be signed have not been laden on board, and it is proper that such bills of lading, in the hands of a bona fide holder for value, should not be questioned by the master or other person signing the same on the ground of the goods not having been laden as aforesaid :"
Be it therefore enacted as follows :
Every consignee of goods named in a bill of lading, and Sec. 1. every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Nothing herein contained shall prejudice or affect any right Sec. 2. of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or indorsee by reason or in consequence of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement.
Every bill of lading in the hands of a consignee or indorsee Sec. 3. for valuable consideration representing goods to have been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not in fact been laden on board : provided that the master or other person so signing may exonerate