CHAPTER XII . (STAT-1580-E2-H,4,810.3) AN ACTE TO AVOYDE HORSE STEALINGE . (STAT-1580-E2-H,4,810.4) Wheras through most Counties of this Realme Horstealinge is growen so co~mon , as neither in Pastures or Closes nor hardlie in Stables the same are to be in safety from stealinge , whiche ensueth by the redye buyinge of the same , by Horscorsers and others in some open Fayres or Markett~ farr distant from the Owner , and withe suche speede as the Owner $can $not {TEXT:cannot} by pursuyte possiblie helpe the same ; And sondrie good Ordinaunc~ have heretofore bene made touchinge the manner of sellinge and tolinge of Horses Mares Gilding~ and Coult~ in Fayres and Markett~ , whiche have not wrought soe good effecte for the repressinge or avoydinge of Horsestealinge as was expected : Nowe , for a further Remedy in that Behalfe , Be it enacted by the Authoritie of this p~sent Parliament , That noe p~son after Twentie Dayes next after thende of this Session of Parliament , shall in any Fayre or Markett sell gyve exchange or put awaye anye Horse Mare Geldinge Coulte or Fillie , unlesse the Tole taker there , or where noe Tole ys payde the Booke keeper Baylif or Cheef Officer of the same Fayre or Markett , shall and will take upon him p~fecte knowledge of the p~son that soe shall sell or offer to sell give or exchange any Horse Mare Geldinge Coulte or Fillie , and of his true Xp~en Name Surname and place of Dwellinge or Resyancye , and shall enter all the same his knowledge into a Booke there kept for Sale of Horses ; (STAT-1580-E2-H,4,810.6) or els that he soe sellinge or offeringe to sell give exchange or put awaye anye Horse Mare Gildinge Coulte or Fillie , shall bringe unto the Toltaker or other Officer aforesaide of the same Fayre or Markett , one sufficient and credible p~son that can shall or will testifye and declare unto and before suche Toltaker Booke keeper or other Officer , that he knowethe the partie that soe sellethe givethe exchaungeth or puttethe awaye suche Horse Mare Gildinge Coulte or Fillie , and his true Name Surname Mysterie and Dwellinge Place ; And there enter or cause to be entered in the Booke of the saide Toltaker or Officer aswell the true Xp~en Name and Surname Mysterie and Place of Dwellinge or Resyancye , of him that soe selleth giveth exchangeth or putteth awaye suche Horse Mare Gildinge Coulte or Fillie , as of him that so shall testifye or avouche his kowledge of the same p~son , (STAT-1580-E2-H,4,810.7) and shall also cause to be entred the verie true price or value that he shall have for the same Horse Mare Gildinge Coulte or Fillie so soulde ; (STAT-1580-E2-H,4,810.8) And that noe p~son shall take upon him to avouche testifye or declare that he knoweth the Partie , that so shall offer to sell give exchange or put awaye any suche Horse Mare Gildinge Coulte or Fillie , unlesse he doe indeede trulie knowe the same Partie , and shall trulie declare to the Toltaker or other Officer aforesaide aswell the Xp~en Name Surname Mysterie and Place of Dwellinge and Resiancy of himselfe , as of him of and for whome he makethe suche Testimonye and Avouchement ; (STAT-1580-E2-H,4,810.9) And that noe Toltaker or other p~son kepinge anye Booke of Entrie of Sales of Horses in Fayres or Markett~ , shall take or receve any Tole , or make Entrie of any Sale Gifte Exchange or puttinge awaye of any Horse Mare Gildinge Coulte or Fillie , unlesse he knoweth the Partie that soe selleth giveth exchangeth or putteth awaye any suche Horse Mare Gildinge Coulte or Fillie , and his true Xp~en Name Surname Misterie and Place of his Dwellinge or Resiancye , or the Partie that shall and will testifye and avouche his knowledge of the same p~son so sellinge givinge exchanginge or puttinge away suche Horse Mare Gildinge Coulte or Fillie , and his true Xp~en Name Surname Mysterie and Place of Dwellinge or Resiancy , and shall make a p~fecte Entrie into the saide Booke of suche his knowledge of the p~son , and of the Name Surname Mysterie and Place of the Dwellinge or Resiancy of the same p~son , and also true price or value that $shall $be {TEXT:shalbe} bona fide taken or had for anye suche Horse Mare Gildinge Coulte or Fillie , so soulde given exchaunged or put awaye so farr as he canne understande the same ; and then give to the Partie , so buyinge or takinge by Guyfte Exchaunge or otherwise suche Horse Mare Gildinge Coulte or Fillie , requiringe and payinge Two Pence for the same , a true and p~fecte Note in Writinge of all the full Content~ of the same subscribed withe his Hande : on payne that everie p~son that soe shall sell give exchange or put awaye anye Horse Mare Gildinge Coulte or Fillie , without beinge knowen to the Tol taker or other Officer aforesaide , or without bringinge suche a Voucher or Witnes , causinge the same to be entred as aforesaide , and everie p~son makinge anye untrue Testymonye or Avouchement in the Behalfe aforesaide , and everie Tol taker Booke keeper or other Officer of Fayre or Markett aforesaide , offendinge in the p~misses contrarie to the true meanynge aforesaide , shall forfeyte for everie suche Defaulte the so~me of Fyve Pound~ ; (STAT-1580-E2-H,4,810.10) but also that everie Sale Guyfte Exchange or other puttinge awaye of any Horse Mare Gildinge Coulte or Fillie , in Fayre or Market not used in all poynt~ accordinge to the true meaninge aforesaide , $shall $be {TEXT:shalbe} voyde ; Thone halfe of all whiche Forfeytures to be to the Quenes Majestie her Heires and Successors , and thother halfe to him or them that will sue for the same before the Justic~ of Peace , or in anye her Majesties ordinarie Court~ of Recorde by Bill Playnte Acc~on of Debte or Informac~on , in whiche noe Essoyne or P~tecc~on $shall $be {TEXT:shalbe} allowed . (STAT-1580-E2-H,4,810.11) And be it further enacted , That the Justic~ of Peace of everie Place and Countie , aswell within Liberties as without , shall have Authoritie in their Sessions , within the Lymitt~ of their Authoritie and Co~mission , to enquire here and determyne all Offences againste this Statute , as they maye doe any other Matter triable before them . (STAT-1580-E2-H,4,811.13) And be it further Inacted , That if anye Horse Mare Geldinge Coulte or Fillie , after Twentie Dayes next ensuynge thende of this Session of Parliament , $shall $be {TEXT:shalbe} stolen , and after $shall $be {TEXT:shalbe} soulde in open Fayre or Markett , and the same Sale $shall $be {TEXT:shalbe} used in all Poynt~ and Circumstaunc~ as aforesaide , that yet nevertheles the Sale of any suche Horse Mare Geldinge Coulte or Fillie , within Sixe Monethes next after the Fellonye done , shall not take awaye the P~pertie of the Owner from whom the same was stolen , so as clayme be made within Sixe Monethes , by the Partie from whom the same was stolen , or by his Executors or Admynistrators , or by any other by anye of their Appoyntment , at or in the Towne or Parishe where the same Horse Mare Gelding Coulte or Fillie $shall $be {TEXT:shalbe} founde , before the Maior or other Hedd Officer of the same Towne or P~ishe , yf the same Horse Mare Geldinge Coulte or Fillie shall happen to be founde in any Towne Corporate or Markett Towne , or else before any Justice of Peace of that Countie nere to the Place where suche Horse Mare Geldinge Coulte or Fillie $shall $be {TEXT:shalbe} founde , yf it be out of Towne Corporat or Markett Towne , and so as proofe be made within Fortye dayes then nexte ensuynge , by twoe sufficient Witnesses to be p~duced and deposed before suche Head Officer or Justice , who by virtue of this Acte shall have Authoritie to mynister an Othe in that Behalfe , that the P~pertie of the same Horse Mare Geldinge Coulte or Fillie so claymed was in the Partie by or for whome suche Clayme ys made , and was stollen from him within Sixe Monethes next before suche Clayme of any suche Horse Geldinge Mare Coulte or Fillie ; (STAT-1580-E2-H,4,811.14) but that the Partie , from whom the saide Horse Mare Geldinge Coulte or Fillie was stolen , his Executors or Admynystrators , shall and maye at all Tymes after , notwithstandinge any suche Sale or Sales in anye Fayre or open Markett thereof made , have P~pertie and Power to have take agayne and enjoye the saide Horse Mare Geldinge Coulte or Fillie , upon payment , or readynes or offer to paye , to the Partie that shall have the Possession and Interest of the same Horse Mare Geldinge Coulte or Fillie , yf he will receyve and accepte it , so muche Money as the same Partie shall depose and swere before suche Head Officer or Justice of Peace , whoe by vertue of this Acte shall have Authoritie to mynister and gyve an Othe in that behaulfe , that he paide for the same bona fide , without Fraude or Collusion ; Any Lawe Statute or other Thinge to the contrarie thereof in any wise notwithstandinge . (STAT-1580-E2-H,4,811.15) And be it further enacted by the Authoritie aforesaid , That after Twentie daies after thende of this Session of Parliament , not onelie all Accessaries before such Fellonye done , but also all Accessaries after suche Fellonye , $shall $be {TEXT:shalbe} deprived and put from all Benefytt of their Cleargie , as the Principall by Statute heretofore made is or ought to be . (STAT-1580-E2-H,4,811.16)