| Chap. 63, 64. |
Marriages, Mariners.
Buying and Selling again in the same Fair or Market
of Cattle forbidden.
See 3 & 4 E. 6. 19. Vide tit. Cattle. |
139
§. 6.
Cattle. |
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Touching sale of Horses in Fairs and Markets,
and the duty of the Lord
or Owner of the Fair thereabouts. See 2 & 3 P. & M. 7
and Tit. Horses, &
31 El. 12. |
§. 7.
Horses. |
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That such as live in the Country, shall not sell
divers Merchandises there
named in Towns, except in open Fairs. See 1 & 2 P. &
M. 7. But the Justice
of Peace hath nothing to do therein. |
§. 8.
Country. |
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For the Office of Clerk fo the Market.
See afterwards, Tit. Weights and
Measures. |
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And because Justices of Peace have often to do
with property, and how far
it may be divested by sale in a Market Overt, it will be necessary to add
some few Cases touching the same. |
§. 9.
Rules. |
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1. That in London, every day in
the week, is a Market day, except Sunday,
and a sale bona fide in a shop therein any day of the week, is good. |
London. |
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2. The sale in such a Shop must be of things
proper to the Trade of the
Shop-keeper, and so a sale of Plate in a Scriveners shop, is not good;
and so
of every other Trade. |
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3. If a sale be of Plate in a Goldsmiths
Ship (where it is properly to be
sold) it must be publickly and open: For if a Sale be there of Plate
in an
Inner-shop, or behind a Curtain, or a Cup-board, or the Windows be shut,
or any thing else hides it; so that he that passes by, cannot see what
is done
there, it will not alter the property. All this was resolved H.
38 El. Co. 5.
83. Moors Rep. p. 360. Evesq; de Worcesters Case. Moors Rep.
p. 624. |
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4. If a sale in a Market Overt be covinous,
or the party that buys the
Goods known they were stoln, this sale alters no property. 33
H. 6. 5. Co. 3.
78. |
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5. The King cannot Grant to one, that his
Shop shall be a Market to alter
the property of a strangers Goods, for it is against Law. |
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6. In a Market or Town where several things
are sold in distinct places,
the sale ought to be in every part of the Town, of what is there saleable,
as
Horses in Smithfield. Moors Rep. p. 360. |
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7. He that pleads a sale in Markets, must
plead it to be done Pleno Mercatu,
else it is not good. Moors Rep. p. 360.
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12 Car. 2. c.
22. |
CHAP. LXIII.
Marriage.
ALL Marriages made since One thousand six hundred
forty and two,
before any Justice of Peace, or otherwise confirmed and made good;
and Issues upon Bastardies or otherwise touching the same, to be tried
by
Juries.
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5 Eliz. 5. |
CHAP. LXIV. V. 34.
Mariners.
NO Fisherman using the Sea, shall be taken to serve
as a Mariner by the
Kings Commission, but by the choice of two Justices of Peace next
adjoyning to the place where he is taken.
See more for Mariners, Tit. Rogue and Souldier. |
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