Sale of Horses Act, 1705

Sale in market overt of a horse stolen not to alter the property, unless openly led or kept one hour between ten and sun-set in said place, and such entries made by book-keeper as aforesaid.

31 Eliz. 12. Eng. no horse to be sold, &c. unless book-keeper takes on him perfect knowledge of seller, and enters the same;

or unless he brings to book-keeper a sufficient person to testify and avouch his knowledge of him.

Entry to be made of both,

and of the true price. Book-keeper to enter no sale, unless he knows seller or voucher;

and to give buyer, &c. (paying 3d.) a note of all the contents.

Penalty on each offender 20s.

Bargain not according to this act, void, at assises or sessions,

by distress, &c.

II. And be it further enacted by the authority aforesaid, That the sale, gift, exchange, or putting away, after the twenty fifth day of December one thousand seven hundred and five, in any fair or market overt, of any horse, mare, gelding, colt, or filley, that is or shall be stolen or feloniously taken away from any person or persons, shall not alter, take away, or change the property of any person or persons to or in any such horse, mare, gelding, colt or filley, unless the said horse, mare, gelding, colt, or filley shall be in the time of the said fair or market, wherein the same shall be so sold, given, exchanged, or put away, openly ridden, led, walked, driven, or kept standing by the space of one hour together at the least, betwixt ten of the clock in the morning and the sun-setting, in the open place of the fair or market, wherein horses are commonly used to be sold; and not within any house, yard, back-side, or other private or secret place; and unless all the parties making the contract, bargain, gift, or exchange in the said fair or market, shall also come together before such book-keeper, and also bring the horse, mare, gelding, colt, or filley so sold, exchanged, given, or put away, at the same time before such book-keeper as aforesaid, to the open place appointed for the book-keeper, and there enter or cause to be entered their christian names, sir-names, dwelling-places, in manner aforesaid; with the colour or colours, and one special mark at the least, of every the same horses, mares, geldings, colts, or filleys, in the keeper's book for that purpose, as is aforesaid: and that no person after the said twenty fifth day of December one thousand seven hundred and five, shall in any fair or market sell, give, exchange, or put away any horse, mare, gelding, colt, or filley, unless the book-keeper, or chief officer of the same market or fair, shall and will take upon him perfect knowledge of the person that so shall sell or offer to sell, give, or exchange any horse, mare, gelding, colt, or filley, and of his true christian name, sir-name, and place of dwelling or residence; and shall enter all the same his knowledge in a book there kept for sale of horses; or else, that he so selling or offering to sell, give, exchange, or put away any horse, mare, gelding, colt, or filley, shall bring to the book-keeper one sufficient and credible person that can, shall and will testify and declare unto and before such book-keeper, that he knoweth the party that so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley; and his true name, sir-name, mystery, and dwelling-place; and there enter, or cause to be entered in such book as well the true christian name, sir-name, mystery, and place of abode, dwelling, or residence of him, who so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley, as of him who so shall testify or avouch his knowledge of the same person; and shall also enter the very true price or value, that he shall have for the same horse, mare, gelding, colt, or filley; and that no book-keeper, or other person employed in that service, shall enter any sale, gift, exchange, or putting away of any horse, mare, gelding, colt, or filley, unless he knoweth the party who so selleth, giveth, exchangeth, or putteth away such horse, mare, gelding, colt, or filley, and his true christian name, sir-name, mystery, or place of his dwelling or residence, or the party, who shall so justifie and avouch, as is herein before enacted; and such book-keeper or other person shall give to the person so buying or taking by gift or exchange such horse, mare, gelding, colt, or filley, requiring and paying three pence for the same, a true and perfect note in writing of all the full contents of the same, subscribed with his hand, upon pain that the person making any untrue testimony or avouchment in the behalf aforesaid, and every person so selling, giving, exchanging, or putting away any horse, mare, gelding, colt, or filley, without being known to the book-keeper or other officer aforesaid, or without bringing such a voucher or witness, causing the same to be entered as aforesaid; and every book-keeper, toll-keeper, or other officer of fair or market neglecting to do his duty, shall severally forfeit for every such default the sum of twenty shillings; and also every sale, gift, exchange, or other putting away of any horse, mare, gelding, colt, or filley, in fair or market, not used in all points according to the true meaning of this act, shall be void; the said several penalties to be recovered before the justice and justices of assize in the several places where they sit; and where they do not sit, then before the justices of the peace at their several quarter-sessions, and levied by their respective warrants by distress on the goods of every person making default, and sale of such goods, returning the overplus, if any, to the party so distrained.