BRITISH TURF. 25 



he shall be found contrary to what is above 

 expressed, such person may take him for his 

 own use." 



Also, by the same statute, (section 6) ** all 

 such commons and other places shall within fif- 

 teen days after Michaelmas yearly, be driven by 

 the owners and keepers, or constables, respect- 

 ively, on pain of 406-. and they shall also drive the 

 same at any other time they shall think meet ; and 

 if there shall be found, in any of the said drifts, 

 any mare, filly, foal, or gelding, which shall not 

 be thought able, nor like to grow to be able to 

 bear foals of a reasonable stature, or to do pro- 

 fitable labours, by the discretion of the drivers, 

 or the greater number of them, they may kill 

 and bury them." (Section 7.) 



Even infected horses are prohibited from being 

 turned into such commons by the same act — 

 (Section 9,) '' whereby it is enacted that no per- 

 son shall have, or put to pasture, any horse, 

 gelding, or mare, infected with the scab, or 

 mange, in any common or common fields, on 

 pain of 10^. and the ofience shall be enquirable 

 in the leet, as other common annoyances are, 

 and the forfeitures shall be to the lord of the 

 leet." 



Carew, in his History of Cornwall, supposes 

 this act of parliament to have been the occasion 



