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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.
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Sale in market overt of a horse stolen not to alter the property, unless openly led or kept one hour between ten and sun-set in said place, and such entries made by book-keeper as aforesaid.
31 Eliz. 12. Eng. no horse to be sold, &c. unless book-keeper takes on him perfect knowledge of seller, and enters the same;
or unless he brings to book-keeper a sufficient person to testify and avouch his knowledge of him.
Entry to be made of both,
and of the true price. Book-keeper to enter no sale, unless he knows seller or voucher;
and to give buyer, &c. (paying 3d.) a note of all the contents.
Penalty on each offender 20s.
Bargain not according to this act, void, at assises or sessions,
by distress, &c.
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II. And be it further enacted by the authority aforesaid, That the sale, gift, exchange, or putting away, after the twenty fifth day of December one thousand seven hundred and five, in any fair or market overt, of any horse, mare, gelding, colt, or filley, that is or shall be stolen or feloniously taken away from any person or persons, shall not alter, take away, or change the property of any person or persons to or in any such horse, mare, gelding, colt or filley, unless the said horse, mare, gelding, colt, or filley 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 private or secret place; and unless all the parties making the contract, bargain, gift, or exchange in the said fair or market, shall also come together before such book-keeper, and also bring the horse, mare, gelding, colt, or filley so sold, exchanged, given, or put away, at the same time before such book-keeper as aforesaid, to the open place appointed for the book-keeper, and there enter or cause to be entered their christian names, sir-names, dwelling-places, in manner aforesaid; with the colour or colours, and one special mark at the least, of every the same horses, mares, geldings, colts, or filleys, in the keeper's book for that purpose, as is aforesaid: and that no person after the said twenty fifth day of December one thousand seven hundred and five, shall in any fair or market sell, give, exchange, or put away any horse, mare, gelding, colt, or filley, unless the book-keeper, or chief officer of the same market or fair, 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 filley, and of his true christian name, sir-name, and place of dwelling or residence; and shall enter all the same his knowledge in 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 filley, shall bring to the book-keeper one sufficient and credible person that can, shall and will testify and declare unto and before such book-keeper, that he knoweth the party that so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley; and his true name, sir-name, mystery, and dwelling-place; and there enter, or cause to be entered in such book as well the true christian name, sir-name, mystery, and place of abode, dwelling, or residence of him, who so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley, as of him who so shall testify or avouch his knowledge of the same person; and shall also enter the very true price or value, that he shall have for the same horse, mare, gelding, colt, or filley; and that no book-keeper, or other person employed in that service, shall enter any sale, gift, exchange, or putting away of any horse, mare, gelding, colt, or filley, unless he knoweth the party who so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley, and his true christian name, sir-name, mystery, or place of his dwelling or residence, or the party, who shall so justifie and avouch, as is herein before enacted; and such book-keeper or other person shall give to the person so buying or taking by gift or exchange such horse, mare, gelding, colt, or filley, requiring and paying three pence for the same, a true and perfect note in writing of all the full contents of the same, subscribed with his hand, upon pain that the person making any untrue testimony or avouchment in the behalf aforesaid, and every person so selling, giving, exchanging, or putting away any horse, mare, gelding, colt, or filley, without being known to the book-keeper or other officer aforesaid, or without bringing such a voucher or witness, causing the same to be entered as aforesaid; and every book-keeper, toll-keeper, or other officer of fair or market neglecting to do his duty, shall severally forfeit for every such default the sum of twenty shillings; and also every sale, gift, exchange, or other putting away of any horse, mare, gelding, colt, or filley, in fair or market, not used in all points according to the true meaning of this act, shall be void; the said several penalties to be recovered before the justice and justices of assize in the several places where they sit; and where they do not sit, then before the justices of the peace at their several quarter-sessions, and levied by their respective warrants by distress on the goods of every person making default, and sale of such goods, returning the overplus, if any, to the party so distrained.
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