110
§. 1.
Claim. |
Horse.
CHAP. LII. V. 27
Horse.
EVery Justice of Peace (after Sale in open Fair or
Market of any stoln
Horse, &c.) at any time within Six months next after the said * Sale,
(or rather next after the Felony done) may take and hear the claim and
proof of the right owner, (from whom the same was stoln, or of his
Executors or Administrators, or other persons by their appointment;)
which proof must be by two sufficient Witnesses upon Oath, to be made
within Forty days next ensuing such claim. 31 Eliz. cap. 12. |
Chap. 52.
* Lamb.
105. See
the Stat. |
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Also the same Justice or Peace may minister an Oath
to the party that
bought the said Horse, or that had the possession and interest of the same
Horse, what Mony paid for the same bona fide so as the right owner,
repaying the same, may have his said Horse again. Ibid. |
P. Fairs. 1.
31 Eliz. 12. |
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Note, that in every Fair or Market where any Horses,
Geldings, Mares
or Colts are to be sold, there ought yearly to be appointed out one certain
and special open place where the said Horses, &c. shall be sold; and
one
sufficient person or more to take Toll, who shall continue in the said
place
from the house of Ten before Noon until Sun-setting every day of the aforesaid
Fair., 2 & 3 P. & M. cap. 7. |
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§. 2.
Market. |
Also note, every Sale, or other putting away, in
any Fair or Market, of
any stoln Horse, &c. not being according to the Statute in every point,
(sc.
in every of these particulars following, as it seemeth,) is void, to
alter or
take away the property of the Owner, from whom such Horse was stoln.
scil. |
2 & 3 P. &
M. 7. 31 El.
12. P. 5 & 7. |
§. 3.
Sale. |
1. If the Horse be not, in the time of the
said Fair or Market, between
Ten of the Clock and Sun-setting, one hour together (at the least) in the
open place of the Fair, &c. Where Horses are commonly sold, 2
P. & M.
the Sale is void, &c. |
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2. If all the parties to the bargain being
in the Fair shall not come together
with the Horse to the Book-keeper to the open place appointed, 2 P &
M. the Sale is void, &c. |
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3. If the Book-keeper, Toll-taker, Bailiff,
or other chief Officer of the
same Fair or Market shall not take perfect knowledge of the Seller, or
of
the Voucher, sc. of their true Christian-name, Sir-name, mystery,
and place
of dwelling, or shall not enter all the same into his Book, the Sale is
void,
&c. ' And one Voucher is enough, if he be a sufficient and credible
person. |
31 Eliz. |
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4. But if the Voucher be not a sufficient
and credible person, or if the
Voucher shall not know the Seller indeed, or shall not truly declare to
the
Book-keeper, &c. the Christian-name, Sir-name, Mystery and place of
dwelling, as well of himself as of the Seller, (as it seemeth) the Sale
is
void, &c. |
13 Eliz. |
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5. If the Book-keeper, &c. shall not make
entry into his Book of the
true Price that the Horse is sold for, with the colour, and one special
Mark
at the least of the same Horse, &c. 2 P. & M. & 31
Eliz. the Sale is void,
&c. |
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6. So if a true and perfect not in writing,
of the name of the Seller or
Voucher, and of their dwelling, &c. and of the price, be not given
to the
Buyer and the Book-keeper, &c. and subscribed with his hand. |
31 Eliz. |
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7. And lastly, If Toll be not paid where Toll
is due, or the Book-keeper
not paid for the Entry, &. Vide 12 E. 4. fol.
8. Cromp. 91. Fi. 45. |
2 P & M. |
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If the Thief which stealeth an Horse shall sell
the same Horse in Market
overt or Fair by a false name, and it is so entred into the Toll-book,
such |
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