PART III. CLASS XII. c. 11. There shall be Restitution to the Owner of stolen Goods after the Attainder of the Felon. Restitution of Stolen Property. [No. I.] 21 Henry VIII. c. 11.-At what Time Restitution shall be made of Goods stolen. 21 Henry VIII. BE it enacted by this present Parliament, That if any felon or felons hereafter do rob or take away any money goods or chattels from any of the King's subjects from their person or otherwise within this realm and thereof the said felon or felons be indicted and after arraigned of the same felony and found guilty thereof, or otherwise attainted by reason of evidence given by the party so robbed or owner of the said money goods or chattels or by any other by their procurement, that then the party so robbed or owner shall be restored to his said money goods and chattels; and that as well the justices of gaol delivery as other justices afore whom any such felon or felons shall be found guilty or otherwise attainted by reason of evidence given by the party so robbed or owner or by any other by their procurement have power by this present Act to award from time to time writs of restitution for the said "money goods and chattels in like manner as though any such felon or felons were attainted at the suit of the party in appeal, 2 Bulstr. 310. Cro. El. 661. Kelying 48. 5 Co. 110. 2 & 3 Phil & M. c. 7. 11 H. 7. c. 13. Further Pro visions relating hereto. 31 El. c. 12. In what manner sold in Fairs or Markets. The former [No. II.] 2 & 3 Philip and Mary, c. 7.—An Act against the buying of stolen Horses. FORASMUCH as stolen horses mares and geldings by thieves and their confederates be for the most part sold, exchanged, given, or put away in houses, stables, back-sides, and other secret and privy places of 'markets and fairs and the toll also privily paid for the same whereby the true owners thereof being not able to try the falsehood and covin betwixt the buyer and seller of such horse mare or gelding is by the common law without remedy.' II. Be it therefore enacted by the authority of the present Parliament, Horses shall be That the owner, governor, ruler, fermor, steward, bailiff, or chief keeper of every fair and market overt within this realm and other the Queen's dominions shall before the feast of Easter next and so yearly appoint and limit out a certain and special open place within the town, place, field, or circuit, where horses, mares, geldings, and colts have been and shall be used to be sold in any fair or market overt; in which said certain and open place as is aforesaid there shall be by the said ruler or keeper of the said fair or market put in and appointed one sufficient person or more to take toll and keep the same place from ten of the clock before noon until sun-set of every day of the aforesaid fair and market upon pain to lose and forfeit for every default forty shillings; and that every tollgatherer his deputy or deputies shall during the time of every the said fairs and markets take their due and lawful tolls for every such horse, mare, gelding, or colt, at the said open place to be appointed as is aforesaid and betwixt the hours of ten of the clock in the morning and sun-set of the same day if it be tendered and not at any other time or place; and shall have presently before him or them at the taking of the same toll the Misuse in Sale shall be taken. parties to the bargain exchange gift contract or putting away of every such horse mare gelding or colt; and also the same horse mare gelding and colt so sold exchanged or put away; and shall then write or cause to be written in a book to be kept for that purpose the names surnames and dwelling places of all the said parties and the colour, with one special mark at the least of every such horse mare gelding and colt; on pain to forfeit at and for every default contrary to the tenor thereof forty shillings. No. II. 2 & 3 P. & M. c. 7. III. And the said toll-gatherer or keeper of the said book shall within A Note of all one day next after every such fair or market bring and deliver his said, Horses sold book to the owner governor ruler steward bailiff or chief keeper of the a Fair or said fair or market who shall then cause a note to be made of the true Market. number of all horses mares geldings and colts sold at the said market or . fair and shall there subscribe his name or set his mark thereunto; upon pain to him that shall make default therein to lose and forfeit for every default forty shillings, and also answer the party grieved by reason of the same his negligence in every behalf. pro IV. And be it further enacted by the authority aforesaid, That the The using of sale gift exchange or putting away after the last day of February now a stolen Horse next coming in any fair or market overt of any horse mare gelding or in a Fair, or, colt that is or shall be thievishly stolen or feloniously taken away from &c. before the any person or persons shall not alter take away nor exchange the Owner's Property of any person or persons to or from any such horse mare gelding perty shall be or colt unless the same horse mare gelding or colt shall be in the taken away. 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 privy or secret place, and unless all the parties to the bargain contract gift or exchange present in the said fair or market shall also come together and bring the horse mare gelding or colt so sold exchanged given or put away to the open place appointed for the toll-taker or for the book-keeper where no toll is due and there enter or cause to be entered their names and dwelling-places in manner as is aforesaid with the colour or colours and one special mark at the least of every the same horses mares geldings or colts in the toll-taker's book or in the keeper's book for that purpose where no toll is due as is aforesaid, and also pay him their toll if they ought to pay any; and if not then the buyer to give one penny for the entry of their names and executing the other circumstances afore rehearsed to him that shall write the same in the said book. V. And if any horse mare gelding or colt that is or shall be thievishly stolen or taken away shall after the said last day of February next coming be sold given exchanged or put away in any fair or market, and not used in all points according to the tenor and intent of this estatute, that then the owner of every such horse mare gelding or colt shall and may by force of this estatute seise or take again the said horse mare gelding or colt or have an action of detinue or replevin for the same; any sale gift exchange or putting away of any such horse mare gelding or colt other than according to this estatute in any wise notwithstanding. VI. The one half of all which forfeitures to be to the King and Queen's Majesties her heirs and successors, and the other to him or them that will sue for the same before the justices of peace or in any of the King's and Queen's Majesties ordinary courts of record by bill plaint action of debt or information, in which suits no protection essoin or wager of law shall be allowed. VII. And be it enacted by the authority aforesaid, That the justices of The Justices of peace of every place and county as well within liberties as without shall Peace shall have authority in their sessions within the limits of their authority and hear and detercommission to inquire hear and determine all offences against this esta- mine the Oftute as they may do any other matter triable before them. fences aforesaid No. II. 2&3 VIII. Provided always, That in every such fair or market where any toll is nor shall be due ne leviable by reason of the freedom liberty or priP. & M. vilege of the said fair or market the keeper or keepers of the book, touching the execution of this present Act, shall take nor exact but one penny upon and for every contract for his labour in writing the entry concerning the premisses in manner and form as is before declared. The Allowance of the Keeper of the Book where no Toll is due. c. 7. 31 Eliz. c. 12. 11 H. 7. c. 13. Sellers of Horses in Fairs or Markets must be known to the Tolltaker, or some other who will avouch the [No. III.] 31 Elizabeth, c. 12.-An Act to avoid Horse stealing. WHEREAS through most counties of this realm horse-stealing is grown so common as neither in pastures or closes nor hardly in stables the same are to be in safety from stealing, which ensueth by the ready buying of the same by horse-coursers and others in some open fairs or markets far distant from the owner, and with such speed as the owner cannot by pursuit possibly help the same; and sundry good ordinances have heretofore been made touching the manner of selling and tolling of horses mares geldings and colts in fairs and markets which have not wrought so good effect for the repressing or avoiding ' of horse-stealing as was expected :' Sale, which shall be entred in the Toll book, &c. 2 & 3 P. & M. c. 7. II. Now for a further remedy in that behalf, be it enacted by the authority of this present Parliament, That no person after twenty days next after the end of this session of Parliament shall in any fair or market sell give exchange or put away any horse mare gelding colt or filly unless the foll-taker there, or (where no toll is paid) the book-keeper bailiff or the chief officer of the same fair or market 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 filly, and of his true christian name surname and place of dwelling or resiancy, and shall cuter all the same his knowledge into 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 filly shall bring unto the toll-taker or other officer aforeA sufficient and said of the same fair or market, one sufficient and creditable person that credible Person can shall or will testify and declare unto and before such toll-taker bookshall avouch the keeper or other officer, that he knoweth the party that so selleth giveth Horse-seller. exchangeth or putteth away such horse mare gelding colt or filly, and his true name surname mystery and dwelling-place, and there enter or cause to be entered in the book of the said toll-taker or officer as well the true christian name surname mystery and place of dwelling or resiancy of him that so selleth giveth exchangeth or putteth away any such horse mare gelding colt or filly as of him that so shall testify or avouch his knowTedge of the same person; and shall also cause to be entered the very true price or value that he shall have for the same horse mare gelding colt or filly so sold: and that no person shall take upon him to avouch, the Horse shall testify or declare that he knoweth the party that so shall offer to sell be entred in give exchange or put away any such horse mare gelding colt or filly, unless he do indeed truly know the same party, and shall truly declare to the toll-taker or other officer aforesaid, as well the christian name surname mystery and place of dwelling and resiancy of himself as of him of and for whom he maketh such testimony and avouchment: and that no tolltaker or other person keeping any book of entry of sales of horses in fairs or markets shall take or receive any toll, or make entry of any sale gift exchange or putting away of any horse mare gelding colt or filly, unless he knoweth the party that so selleth giveth exchangeth or putteth away any such horse mare gelding colt or filly, and his true christian name surname mystery and place of his dwelling or resiancy, or the party that shall and will testify and avouch his knowledge of the same person so selling giving exchanging or putting away such horse mare gelding colt The Price of the Toller's Book. No. III 31 Eliz c. 12 or filly, and his true christian name surname mystery and place of dwelling or resiancy, and shall make a perfect entry into the said book of such his knowledge of the person and of the name surname mystery and place of the dwelling or resiancy of the same person, and also the true price or value that shall be bona fide taken or had for any such horse mare gelding colt or filly so sold given exchanged or put away, so far as he can understand the same, and then give to the party so buying or taking by gift exchange or otherwise such horse mare gelding colt or filly, requiring and paying two-pence for the same, a true and perfect note in writing of A Note in all the full contents of the same subscribed with his hand; on pain that Writing shall every person that so shall sell give exchange or put away any horse mare be given to the gelding colt or filly, without being known to the toll-taker or other officer Buyer. aforesaid, or without bringing such a voucher or witness causing the same to be entred as aforesaid, and every person making any untrue testimony or avouchment in the behalf aforesaid, and every toll-taker book-keeper or other officer of fair or market aforesaid, offending in the premisses contrary to the true meaning aforesaid, shall forfeit for every such default The Penalty of the sum of five pounds; but also that every sale gift exchange or other the Person ofputting away of any horse mare gelding colt or filly in fair or market, not fending in any used in all points according to the true meaning aforesaid, shall be void; of the Cases the one half of all which forfeitures to be to the Queen's Majesty, her heirs aforesaid. and successors, and the other half to him or them that will sue for the 1 Lutw. 197. same before the justices of peace or in any of her Majesty's ordinary Every Sale courts of record by bill plaint action of debt or information; in which no otherwise made essoin or protection shall be allowed. shall be void. III. And be it further enacted, That the justices of peace of every The Justices of place and county as well within liberties as without shall have authority Peace may hear in their sessions within the limits of their authority and commission to and determine enquire hear and determine all offences against this statute as they may the Offences do any other matter triable before them. aforesaid. IV. And be it further enacted, That if any horse mare gelding colt or filly after twenty days next ensuing the end of this session of Parliament shall be stolen, and after shall be sold in open fair or market, and the same sale shall be used in all points and circumstances as aforesaid, that yet nevertheless the sale of any such horse mare gelding colt or filly within six months next after the felony done, shall not take away the property of the owner from whom the same was stolen, so as claim be made within six months by the party from whom the same was stolen or by his executors or administrators, or by any other by any of their appointment at or in the town or parish where the same horse mare gelding colt or filly shall be found before the mayor or other head officer of the same town or parish, if the same horse mare gelding colt or filly shall happen to be found in any town corporate or market town, or else before any justice of peace of that county near to the place where such horse mare gelding colt or filly shall be found, if it be out of a town corporate or market town; and so as proof be made within forty days then next ensuing by two sufficient witnesses to be produced and deposed before such head officer or justice, (who by virtue of this Act shall have authority to minister an oath in that behalf) that the property of the same horse mare gelding colt or filly so claimed was in the party by or from whom such claim is made, and was stolen from him within six months next before such claim of any such horse gelding mare colt or filly; but that the party from whom the said horse mare gelding colt or filly was stolen his executors or administrators shall and may at all times after, notwithstanding any such sale or sales in any fair or open market thereof made, have property and power to have take again and enjoy the said horse mare gelding colt or filly upon payment or readiness or offer Horse stolen to pay to the party that shall have the possession and interest of the from him within, same horse mare gelding colt or filly, if he will receive and accept, so six months after, much money as the same party shall depose and swear before such head paying the officer or justice of peace (who by virtue of this Act shall have authority Price. The Owner may redeem a to minister and give an oath in that behalf) that he paid for the same Kelying 48. bona fide without fraud or collusion; any law statute or other thing to the contrary thereof in any wise notwithstanding. |