Page:Ruffhead - The Statutes at Large - vol 2.djvu/719

 A. D. 1589. Anno triccfimo primo Reginae E l i z a d i e. C. 12. 669 ■ ' II. Provided always, That they which keep their Poftejfiona with Force, in an} Landi i ' more, be not endamaged by Force of the (aid Statute.' 1 III. And whereas divers of the Queen's Mr ; :.nd loving Subject', and their Ancefl { them, by Means of the Oaths of fuch Entrcrs, have been removed and put out oi theii DweHii ' houfes, and other their Poileffions which they have quietly held by the Space of three V • ihcr ' of the (aid Provifo or Claufe contained in the faid Act : (2) F"or Remedy of which Inconvenience, and No Rcnituixm for true Declaration and Explanation of the Law therein, (3) Be it ordained, declared and enaded by ,1 * the Authority of this prcfent Parliament, That no Reftitution upon any Indictment of Forcible Entry, lf A h ! r !' or holding with Force, be made to any Pcrfon or Perfons, if the Perfon or Perfons fo indicted hath had j—, Vc J JM ~' n the Occupation or hath been in quiet Pofleffion by the Space of three whole Years together next before , the Day of fuch Indictment fo found, and his, her or their Eftate or Eftatcs therein not ended or (!■ . termined ; which the Party indicted fhall and may ailed gc for Stay of Reftitution, and Reftitution to Hay n " ended. until that be tried if the other will deny or traverfe the fame : (<;) And if the fame Allegation be tried ^ J > m -U.»S- againft the fame Perfon or Perfons fo indicted, then the fame Pcrfon or Perfons fo indicted to pay filch eSL nl.i|' k. Cofts and Damages to the other Party, as fliall be affeffed by the Judges or Juftices before whom the »,»>,&<! fame fhall be tried ; the fame Cofts and Damages to be recovered and levied as is ulual for Cofts and Da- ihe 1 mages contained in Judgments upon other Actions, s R. 2. Stat. 1. c. 7. 15 R. 2. c. 2. 4 H. 4. c. 8. J 1 * 21 J ac - *. c. 15. u ( 0vn 7 H >»a him. CAP. XII. An Act to avoid Horfe-ftealing. w ther in Paftures or Clofes, nor hardly in Stables, the fame are to be in Safety from ftealingf, Scl which enfueth by the ready buying of the fame by Horfe-courfcrs and others, in fome open Fairs orj ( " 1, ] ^'^ u " ' Markets far diftant from the Owner, and with fuch Speed as the Owner cannot by Purfuit poffibly help ); no ' wn to t i, e ' the fame; (2) and (undry good Ordinances have heretofore been made touching the Manner of Selling Toll-:jkcr, cr ' and Tolling of Horfes, Mares, Geldings and Colts in Fairs and Markets, which have not wrought fo fume other who II. Now for a further Remedy in that Behalf, Be it enacted by the Authority of this prefent Parlia- ^ entml'in the ment, That no Perfon after twenty Days next after the End of this Seffion of Parliament, fliall in any Toll-book, &c Fair or Market fell, give, exchange or put away any Horfc, Mare, Gelding, Colt or Filly, unlefs the i & 3 Ph. &. M, Toll-taker there, or (where no Toll is paid) the Book-keeper, Bailiff or the Chief Officer of the fame c - 7- Fair or Market, fhall and will take upon him perfect Knowledge of the Perfon that fo fhall fell or offer, , ! ^ er4 ,4 7 * to fell, give or exchange any Horfe, Mare, Gelding, Colt or Filly, and 'of his true Chriftian Name, ^ atw ' »| Surname and Place of Dwelling or Refiancy, and fhall enter all the fame his Knowledge into a Book iBak't P.6.543. there kept for Sale or Horfes; (2) or elfe, that he fo felling or offering to fell, give, exchange or put A f u (Hcicnt and away any Horfe, Mare, Gelding, Colt or Filly, fhall bring unto the Toll-taker, or other Officer afore- credible Per:; n laid, of the fame Fair or Market, one fufficient and credible Perfon that can, fliall cr will teftify and de- fhall »vouch ire clare unto and before fuch Toll-taker, Book-keeper or other Officer, That he knowetli the Party that fo "orfc-itUcr. i'elleth, giveth, exehangeth or putteth away fuch Horfe, Mare, Gelding, Colt or Filly, and his true Name, Surname, Myftery and Dwelling-place, and there enter or caufe to be entered in the Book of the faid Toll-taker or Officer, as well the true Chriftian Name, Surname, Myftery and Place of Dwelling or Refiancy of him that fo felleth, giveth, exehangeth or putteth away fuch Horfe, Mare, Gelding, Colt or Filly, asofhim that fo fliall teftify or avouch his Knowledge of the fame Perfon ; (3) and fhall alfo The Pnce cf the caufe to be entered the very true Price or Value that he fliall have for the fame Horfe, Mare, Gelding, Hcrfefl Colt or Filly fo fold : (4) And that no Perfon fhall take upon him to avouch, teftify or declare, That he x^-j"^' knoweth the Party that fo fliall offer to fell, give, exchange or put away any fuch Horfe, Mare, Gelding, Colt or Filly, unlefs he do indeed truly know the fame Party, and fliall truly declare to the Toll-taker or other Officer aforefaid, as well the Chriftian Name, Surname, Myftery and Place of Dwelling and Refiancy of himfclf, as of him of and for whom he maketh fuch Teftimony and Avouchment : (5) And that no Toll-taker or other Ferfon keeping any Book of Entry of Sales of Horfes in Fairs or Markets, fliall take or receive any Toll, or make Entry of anv Sale, Gift, Exchange, or putting away of any Florfe, Mare, Gelding, Colt or Filly, unlefs he knoweth the Party that fo felleth, giveth, exehangeth. or putteth away any fuch Florfe, Mare, Gelding, Colt or Fillv, and his true Chriftian Name, Surname, Myftery and Place of his Dwelling or Refiancy, or the Party that fliall and will teftify and avouch his Knowledge of the fame Perfon fo felling, giving, exchanging or putting away fuch Hone, Mare, ^Geld- ing, Colt cr Filly, and his true Chriftian Name, Surname, Myftery and Place of Dwelling or Refiancy, and fliall make a perfect Entry into the faid Book, of fuch his Knowledge of the Perfon, and o! the Name, Surname, Myftery and Place of the Dwelling or Refiancy pf the fame Perfon, and alio the true Puce
 * ments whereof they or their Anceftors have continued their Poffcffion in the fame by three.
 * or longer Time, next before fuch Indictments found again!!: them, again!! the true Meaning and Intent
 * good Effect for the rcpreffing or avoiding of Horfe-ftealing, as was expected :' si'iewhVh nui