SALES n\ IIORSEDEALERS, AUCTIONEERS, ETC. 29 



in tlio moniiug until sunset ; and that ho shall 

 take the tolls for all horses at that place and within 

 those hours, and not otherwise ; that the parties to 

 the bargain shall be before liim when he takes the 

 toll ; that lie shall write in a book, to bo kept for 

 tlie purpose, the names, sui'names and dwelling- 

 places of the parties, and a full description of the 

 animal sold. The horse is not to become the pro- 

 perty of the buyer unless it is exposed for one 

 hour at least at tlio place and within the hours 

 specified, and unless the parties, /. c. the buyer and 

 seller, bring the animal to the tollkeeper and have 

 proper entries made in his book. The statute of 

 Elizabeth requii'cs the tollkeeper, or bookkeeper, 

 to find out the chi-istian name, surname and resi- 

 dence of the seller, or of a creditable surety — that 

 these, or one of them, and the real price or value 

 of the horse, are to be entered in the tollkeeper's 

 book, or, in case of faihu-e, the sale is to be void. 

 The same statute makes provisions for the real 

 o-s\Tier recovering back his horse if it has been 

 stolen. The provisions of these two statutes have 

 so effectually stopped tlie mischief they were in- 

 tended to prevent, that is, horse-stealing, that the 

 cases on them of modem date are not of sufficient 

 importance to quote. 



It has been held (d) that a sale of a horse at a 

 repository out of the City of London, is not a sale 



(d) Lee v. Bnyes. IS C. B. ')99. 



