486 



APPENDIX. 



Eecovery of 

 horse by 

 owner. 



Application of 

 penalties. 



The justices 

 of peace shall 

 hear and 

 determine the 

 offences 

 aforesaid. 



The allowance 

 of the keeper 

 of the book 

 where no toll 

 is due. 



5. 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 nest 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, seize 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 anywise notwithstanding. 



6. 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 ordi- 

 nary courts of record, by bill, plaint, action of debt or informa- 

 tion, in which suits no protection, essoin or wager of law shall 

 be allowed. 



7. And be it enacted by the authority aforesaid. That the 

 justices of peace of every place and county, as well within 

 liberties as without, shall have authority in their sessions, 

 within the limits of their authority and commission, to inquire, 

 hear and determine all offences against this estatute, as they 

 may do any other matter triable before them. 



8. Provided alway, that in every such fair or market where 

 any toll is nor shall be due ne leviable by reason of the free- 

 dom, liberty or privilege 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 

 premises, in manner and form as is before declared. 



31 Eliz. Cap. 12. 



An Act to avoid Iloi'se Stealing. 



"Whereas through most counties of this realm horse 

 ing 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 : " 



