Sale of Horses Act, 1705

SALE OF HORSES ACT 1705

CHAPTER XI.

An Act against Horse-stealing, and to prevent the buying and selling of stolen Horses: and for punishing all Accessaries to Felons.

2 & 3 P. & M. 7. Eng. Proprietor of fair and market overt yearly to appoint a certain open place where horses used to be sold, and appoint a toll-keeper there from ten till sun-set, to enter sale, gift or exchange of horses.

Penalty 20s. each default. All parties to the bargain to be present.

The horse to be produced, and in presence of all toll-keeper to enter in a book their name, &c. the colour and one special mark of the horse.

Penalty 20s. and next day deliver said book to proprietor, who shall make and subscribe a note of the number sold.

Penalty 20s.

FOR preventing horse stealing, which is now grown so common, as neither in pastures or closures, nor hardly in stables, the same are safe from stealing; which is occasioned by the ready buying of the same by several persons in open fairs or markets far distant from the owner, and with such speed, as the owner cannot by pursuit possibly help the same: for remedy whereof be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present Parliament assembled, and by the authority of the same, That the proprietor, farmer, or chief keeper of every fair and market overt within this realm, shall before the twenty fifth day of December one thousand seven hundred and five, and so yearly appoint and limit out a particular and certain open place within the town, place, field, or circuit, where horses, mares, geldings, colts and filleys have been or shall be used to be sold in any fair or market overt, in which said particular and certain open place aforesaid there shall be by the proprietor, farmer, or keeper of the said fair or market, put in and appointed one sufficient person or persons to take toll, and keep the same place from ten of the clock before noon until sun-set every day of the aforesaid fair and market, to enter the sale, gift, or exchange of every horse, mare, gelding, colt, or filley sold, exchanged, or past away in every of the said fairs or markets, upon pain to loose and forfeit for every default the sum of twenty shillings; and that on the bargain, exchange, gift, contract, or putting away of every such horse, mare, gelding, colt or filley so sold, exchanged, or put away in any fair or market as aforesaid within this realm, all the parties making the bargain, exchange, gift, contract, or putting away of every such horse, mare, gelding, colt or filley, shall be present; and also the same horse, mare, gelding, colt, or filley, so sold, exchanged, given or put away, shall be produced before such person, so deputed and appointed as aforesaid; and when they are all present, and not before, such book-keeper, toll-keeper, or other person, shall write, or cause to be written in a book, to be kept for that purpose, the names, sir-names, and dwelling-places of all the said parties, and the colour, with one special mark at least, of every such horse, mare, gelding, colt, or filley, on pain to forfeit at and for every default contrary to the tenor hereof twenty shillings; and that the said person or persons, so deputed or appointed to be keeper of the said book, shall, within one day next after every such fair or market, bring and deliver his said book to the proprietor, farmer, 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, colts, and filleys, sold, exchanged, given, or put away at the said market or fair, and shall their subscribe his name, or set his mark thereunto, on pain on every default therein to forfeit twenty shillings.