| Chap. 52. |
Horse.
misnaming of the Seller maketh the Sale void against the right owner
of
the Horse. And this was the Opinion of Windham and
Rhoads Justices,
(upon this Statute, 2 & 3 P. & M.) Anno 30 El.
in a Case between Gibbs
Plaintiff against Bastel; the Case being thus, One Potter
did steal the
Horse of the Plaintiff, and sold him to the Defendant in Market overt,
by
the name of Lyster, and so it was entred into the Toll-Book,
that
Lyster
sold the Horse, whereas his name was Potter; whereupon Gibbs
the
Plaintiff brought his Action of the Case Sur trover against
the Defendant
Bastel, &c. |
111 |
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Note also, that every Contract for any stoln Horse,
&c. made out of
open Fair is void, though they be after Booked. Dyer 99. |
|
Co. 3. 78.
33. 7 H. 7.
12.
Co. 5. 83. |
Also, a Sale in a Fair or Market overt shall not
take away the Owners
property, where the Buyer doth know that the property was to another
man, or where the Buyer knoweth that the Horse, or other Goods were
stoln. See postea tit. Restitution. |
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Also to alter the property of a Stranger having
right, Horses and all
other Goods are to be sold in such a place, or shop, as is commonly
used for
the selling of Goods of the same kind or nature. |
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Also a Sale upon a Sunday, though in a Fair or Market
overt, shall not
be a good Sale to alter the property of the Goods, by Brian
12 E.
4. fol. 1. b. |
§. 4.
Sunday. |
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And indeed Fairs and Markets kept upon the Sabbath
day are prohibited
by the Statute of Winch. c. 6. and of 27 H. 6. cap.
5. And now by the
Statutes, 1 Eliz. cap. 2 & 3 Jac. cap. 4. all persons
resorting upon the Sabbath-day
to any Fair or Market and by the means thereof absenting themselves
from the Church, or not abiding at the Church orderly during all the time
of Prayer, Preaching, and other Divine Service, are to be punished by any
one Justice of Peace, according to the form of the said Statute 3 Jac.
(which see hic postea, tit. Recusants) or by the Ordinary, or
Bishop of the
Diocess, by the Statute 1 Eliz. Or otherwise the Offender
may be indicted
(for such his absence from Church) at the Quarter Sessions of the Peace,
or general Gaol delivery, as it seemeth. |
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Also the Lord of such a Fair or Market kept upon
the Sabbath-day, contrary
to the Statute, may be therefore Indicted for the King, either at
the Assizes and general Gaol delivery, or at the Quarter Sessions of the
Peace within that County. Plus hic postea. |
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' But yet for that by non user of a Franchise,
Fair or Market, they may
' be forfeited and seized; therefore Fairs anciently holden upon Sundays,
' or upon other principal Feast days, might be holden and kept within
' three days before or after any of the said Feasts, after Proclamation
first
' made, what day the Fair shall be holden, though the Lord of the Fair
' hath otherways no power to keep his Fair upon such day. Statute
27 H. 6 cap. 5. |
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' No Commoner in any Forest Chase, Moor, Marsh, Common or Wast grounds:
" Nor any Officer whereof in Norfolk, Cambridge, Buckingham, Huntington,
" Essex, Kent, Southampton, Northwiltshire, Oxfordshire, Barkshire,
Worcester,
" Gloucester, Somersetshire, North-wales, South-wales, Bedford,
Warwick,
" Northampton, Yorkshire, Cheshire, Staffordshire, County of
the City of
" York, Town of Gloucester and Liberties, Kingston
upon Hull, Lancaster,
" Salop, Leicester, Herefordshire and Lincolnshire, shall
put to Pasture there
" any stoned Horse or Horses above the age of two years, and under the
" height of 15 handfuls, to be measured from the lowest part of the Hoof
" of the Forefoot unto the highest part of the wither; every handful to
" contain 4 inches by the Horse found there. 32 H. 8. c.
13. |
§. 5.
What Horses
may be
put into
Commons. |
L 2
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