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 keep the same place from ten of the clock before noon until sunset of every day of the aforesaid fair and market, upon pain to lose and forfeit for every default 40s.; 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 same day, if it be tendered, and not at any other time or place; and shall have presently before him or them, at the taking of the same toll, the parties to the bargain, 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, 40s.' Sect. 3. "And the said toll gatherer or keeper of the said book shall, within one day next after every such 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 40s., and also answer the party grieved by reason of the same his negligence in every behalf.” Sect. 4 enacts," That the sale, gift, exchange, or putting away, after the last day of February now next coming, in any fair or market overt, of any horse, mare, gelding, or colt, that is 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 in the morning and the sun setting, 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 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." Sect. 5. "And if any horse, mare, gelding, or colt, that is or shall be Owner empowered thievishly stolen or taken away, shall, after the said last day of February to retake horse. 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 replevin for the same; any sale, STOLEN HORSES, BUYING OF. 2 & 3 Ph. & M. c.7. Penalties, who en titled to and how recoverable. Justices of peace to hear and determine offences aforesaid. Allowance for the book keeper where no toll due. Sellers of horses in markets, &c. must be known to tolltaker, or some other who will avouch the sale, which shall be entered in the tollbook, &c. A sufficient and credible person shall avouch the horse-seller. The price of the horse shall be entered in the toller's book. gift, exchange, or putting away of any such horse, mare, gelding, or colt, other than according to this estatute, in anywise notwithstanding. Sect. 6. "The one-half of all which forfeitures to be to the king and queen's Majestics, 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." Sect. 7 enacts," That the justices of peace of every place and county, as well within liberties as without, shall have authority in their 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." Sect. 8 provides, "That in every such fair or market, where any toll is nor shall be due ne leviable by reason of the freedom, liberty, or privilege of the said fair or market, the keeper or keepers 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." The statute 31 Eliz. c. 12, intituled An Act to avoid Horse Stealing, recites, Whereas through most counties of this realm, horse stealing is grown so common, as neither in pastures or closes, nor hardly in stables, the same are to be in safety from stealing, which ensueth by the ready buying of the same by horse coursers and others in some open fairs or markets, far distant from the owner, and with such speed as the owner cannot by pursuit possibly help the same; and sundry good ordinances have heretofore been made touching the manner of 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:" Sect. 2. Now for a further remedy in that behalf,” it is 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 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, shall bring unto the toll taker or other officer aforesaid of the same fair or market, one sufficient and credible person, that can, shall, or will testify and declare unto and before such toll taker, book keeper, or other officer, that he knoweth 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 price or value that he shall have for the same horse, mare, gelding, colt, or filly so sold; and that no person shall take upon him to avouch, testify, or declare that he knoweth 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 STOLEN HORSES, BUYING OF, &c. A note in writing shall be given to 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 sell- 31 Eliz. c. 12. ing, 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 the dwelling or resiancy of the same person, and also the true price or value that shall be bona 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 give to the party so buying or taking by gift, exchange, or otherwise, such horse, mare, gelding, colt, or filly, requiring and paying 2d. 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 making any untrue testimony or avouchment in the behalf aforesaid, and every toll taker, book keeper, or other officer of fair or market aforesaid, offending in the premises contrary to the true meaning aforesaid, shall forfeit for every such default the sum of 51.; but also that every sale, gift, exchange, or other putting away of any horse, mare, gelding, colt, filly, in fair or market, not used in all points 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." Sect. 3 enacts, "That the justices of peace of every place and county, as well within liberties as without, shall have authority in their sessions, within the limits of their authority and commission, to inquire, hear, and determine all offences against this statute as they may do any other matter triable before them." Sect. 4 enacts, "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 horse, 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, gelding, mare, colt, or filly; but that the party from whom the said horse, mare, gelding, colt, or filly was stolen, his executors or administrators, shall and may at all times after, notwithstanding any such sale or sales in any fair or open market thereof made, have property and power to have, take again, and enjoy the said horse, mare, gelding, colt, or filly, upon pay the buyer. Penalty of person offering in cases aforesaid. Sale otherwise void. • Sic. Justices of peace may hear and deaforesaid. termine offences Owner may redeem a horse within six months after, paying the stolen from him price. OF HORSES, SLAUGHTERING ment, or 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 any wise notwithstanding." Observations on the stat. 2 & 3 Observations]-For the decisions on these statutes, see Bac. Ab. "Fairs P. &. M. c. 7, and & Markets;" Com. Dig. "Market," E.; 2 Inst. 719; 2 Bla. Com. 450; 1 Chit. Col. Statutes, "Horses," 36. 31 Eliz. c. 12. If a horse has been stolen, and the requisites of the above statutes have not been duly observed, the owner may at any time retake his horse wherever he happens to find him, or bring an action for it at his election. 2 Bla. Com. 451; 2 Chitty Com. L. 151. And if the seller is entered in the toll book by a false name, the property is not altered. Gibb's case, Owen, 27; 1 Leon. 158, S. C. contra; Cro. Eliz. 86; Barker v. Reading, Sir W. Jones, 163; 2 Inst. 717; Com. Dig. " Market," E. But see Wikes v. Morefoots, Cro. El. 86. Unless, however, the horse was stolen, a magistrate has no authority to restore; and therefore, where a complaint was made to a magistrate by A. the owner, that his horse had been stolen by B. without actual proof of its having been stolen; it was held, that an officer, although armed with a warrant against A., is not justified, under the 31 Eliz. c. 12, s. 4, in taking the horse out of the possession of a bona fide purchaser from B. Josephs v. Adkins, 2 Stark. 76. The statutes extend to horses wrongfully taken, though not stolen. 2 Inst. 717; Barker v. Reading, Sir W. Jones, 163; Palmer, 485, S. C.; 2 Chitty's Com. L. 151; Com. Dig. " Market," E. It has been held, that, if a party has good reason to believe that his horse has been stolen, he cannot maintain trover against the person who bought the horse of the supposed thief, without first doing all in his power to convict the thief. Grimson v. Woodfall, 2 C. & P. 41; and Id. 43, n. See tit. Larceny, Vol. III. III. Killing or Maiming, &c., Horses. As to the offence of killing or maiming horses, see tit. Cattle, Vol. I. Sect. (3). As to the ill treatment of horses, see tit. Cattle, Vol. I. Sect. (5). IV. Regulations as to the Slaughtering of Horses. THE 26 Geo. III. c. 71, s. 1, intituled, An act for regulating houses and other places kept for the purpose of slaughtering horses, recites, Whereas the practice of stealing horses, cows, and other cattle, hath of late years increased to an alarming degree, and hath been greatly facilitated by certain persons of low condition who keep houses or places for the purpose of slaughtering horses and other cattle;' for remedy whereof be it enacted, "That from and after the 20th day of July in the year of our Lord 1786, no person or persons shall keep or use any house or place for the purpose of slaughtering or killing any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, which shall not be killed for butcher's meat, without first taking out a licence for that purpose at the general quarter sessions held for the county, riding, city, town, district, division, or liberty wherein such slaughtering house or place shall be situate; and the justices of the peace, at their general quarter sessions assembled, are hereby authorized and empowered to grant such licences as IV.] OF HORSES. aforesaid, upon a certificate under the hands and seals of the minister and SLAUGHTERING churchwardens, or overseers, or of the minister and two or more substantial householders of the parish wherein the person or persons applying for such 26 Geo. 3, c. 71. licence shall dwell, that such person or persons is or are fit and proper to be trusted with the management and carrying on such business as aforesaid; provided always, that in case of the death of any person to whom such licence as aforesaid shall be granted, it shall and may be lawful for the widow or personal representative of such person so dying, to carry on the said business until the then next ensuing general quarter sessions of the peace." book licences, &c. which are to be entered, &c. Sect. 2 enacts," That every such licence shall be signed by the justices Justices to grant of the peace assembled at such general quarter sessions, or by the major part of them, and a copy of every such licence shall be entered in to be kept for that purpose by the clerk of the peace of the county wherein the same shall be so granted as aforesaid; and that all and every person and persons shall have liberty at all times (Sundays excepted), between the hours of ten and twelve of the clock in the forenoon, to search the office of such clerk of the peace wherein any such copy shall be entered or kept, and to make an extract or extracts from the same, paying for every such search the sum of 6d.; and all and every person and persons so licensed as aforesaid shall cause to be painted or affixed over the door or gate of the house or place where he, she, or they shall carry on the said business, in large legible characters, his, her, and their name and names, with the words "Licensed for slaughtering horses, pursuant to an act passed in the twenty-sixth year of his Majesty king George the third." to affix to their houses the words Persons licensed, herein. be sent, when Previous notice to is count of the Sect. 3 provides, "That every occupier and occupiers of every such licensed slaughtering house or place shall, six hours previous to the slaughtering or killing of any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, which shall not be killed for the purpose of butcher's meat, and previous to the flaying any such horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, brought dead to such slaughtering house or other place, give notice in writing to a person to be appointed in manner hereinafter mentioned as inspector, to the intent that such inspector may, upon such notice as aforesaid, and before any such horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle shall be slaughtered, killed, or flayed, take an exact account and description of the height, age (as near as may be), colour, and particular marks of every horse, mare, gelding, foal or filly, ass or mule, brought alive for the purpose of being slaughtered or killed, or brought dead as aforesaid, and of the colour and particular marks of every cow, bull, heifer, ox, calf, sheep, hog, goat or other cattle brought alive or dead for either of the purposes aforesaid; and no such horse, mare, gelding, foal or filly, ass, mule, ox, bull, Times of slaughcow or heifer, calf, sheep, hog, goat, or other cattle shall be slaughtered, killed, or flayed, but between the hours of eight of the clock in the morning, and four of the clock in the evening, during the months of October, November, December, January, February, and March; and between the hours of six of the clock in the morning, and eight of the clock in the evening, during the months of April, May, June, July, August, and September, in every year." Sect. 4 provides, "That every person so licensed as aforesaid shall, at the time any horse, mare or gelding, colt, filly, ass or mule, or any ox, bull, cow, heifer, calf, sheep, hog, goat, or any other cattle, shall be brought for the purpose of slaughtering, killing, or flaying, make or cause to be made an entry in a book to be kept for that purpose, in a fair legible hand, of the name and names, place and places of abode, profession and professions of who shall and person persons the owner or owners thereof, and also of the bring the same to be slaughtered, killed, or flayed, and the reason or reasons why the same is brought to be slaughtered, killed, or flayed, which reason and reasons the person or persons bringing the same is and are hereby required to declare to such person or persons so licensed as aforesaid; which tering, &c. Account to be owners of slaughkept, by the tering houses, of cattle brought, the owners of the &c. |