for Horte-Fair. Penalty. Toll-Taker. CA P. VII. An Act against the Buying of ftolen Horses. ORASMUCH as ftolen Horfes, Mares and Geldings, by exchanged, given or put away in Houfes, Stables, Back-fides and other fecret and privy Places of Markets and Fairs, and the Toll alfo privily paid for the fame, whereby the true Owners thereof, being not able to try the Falthood and Covin betwixt the Buyer and Seller of fuch Horfe, Mare or Gelding, is by the Common Law of this Realm without Remedy:' II. Be it therefore enacted by the Authority of this prefent Parliament, That the Owner, Governor, Ruler, Fermor, Steward, Bailiff or Chief Keeper of every Fair and Market overt within this Realm, and other the Queen's Dominions, fhall, before the Feaft of Eafler next, and fo yearly, appoint and limit out a certain and special open Place within the Town, Place, Field or Circuit, where Horses, Mares, Geldings and Colts have been and fhall be used to be fold in any Fair or Market overt; in which Place appointed faid certain and open Place, as is aforefaid, there shall be, by the faid Ruler or Keeper of the faid Fair or Market, put in and appointed one fufficient Perfon or more, to take Toll and keep the fame Place from Ten of the Clock before Noon until Sunfet of every Day of the forefaid Fair and Market, upon Pain to lofe and forfeit for every Default Forty Shillings: And that every Toll-Gatherer, his Deputy or Deputies, fhall, during the Time of every the faid Fairs and Markets, take their due and lawful Tolls for every fuch Horse, Mare, Gelding or Colt, at the faid open Place to be appointed as is aforefaid, and betwixt the Hours of Ten of the Clock in the Morning and Sun-fet of the fame Day, Foll for Horfes. if it be tendred, and not at any other Time or Place; and (hall have prefently before him or them, at the taking of the fame Toll, the Parties to the Bargain, Exchange, Gift, Contract, or putting away of every fuch Horfe, Mare, Gelding or Colt; and alfo the fame Horfe, Mare, Gelding and Colt fo fold, exchanged or put away; and fhall then write or caufe to be written in a Book to be kept for that Purpofe, the Names, Surnames, and Dwellingplaces of all the faid Parties, and the Colour, with one special Mark at the leaft, of every fuch Horfe, Mare, Gelding and Colt; in Pain to forfeit at and for every Default contrary to the Tenor thereof, Forty Shillings. Penalty: A Note of all Penalty. Owner's Pro III. And the faid Toll-Gatherer or Keeper of the faid Book fhall within One Day next after every fuch Fair or Market bring and deliver his faid Book to the Owner, Governor, Ruler, Stew, ard, Bailiff or Chief Keeper of the faid Fair or Market, who shall then caufe a Note to be made of the true Number of all Horfes, Mares, Geldings and Colts fold at the faid Market or Fair, and fhall there fubfcribe his Name, or fet his Mark thereunto; upon Pain to him that fhall make Default therein, to lofe and forfeit for every Default Forty Shillings, and alfo anfwer the Party grieved by reafon of the fame his Negligence in every Behalf. IV. And be it further enacted by the Authority aforefaid, That perty where not the Sale, Gift, Exchange, or putting away after the last Day of February now next coming, in any Fair or Market overt, of any taken away. Horfe, Horfe, Mare, Gelding or Colt, that is or fhall be thievishly stolen or feloniously taken away from any Perfon or Persons, shall not alter, take away, nor exchange the Property of any Perfon or Perfons to or from any fuch Horfe, Mare, Gelding or Colt, unless the fame Horse, Mare, Gelding or Colt fhall be in the Time of the faid Fair or Market wherein the fame fhall be fo fold, given, exchanged or put away, openly ridden, led, walked, driven or kept flanding by the Space of One Hour together at the leaft, betwixt Ten of the Clock in the Morning and the Sun-fetting, in the open Place of the Fair or Market wherein Horfes are com monly used to be fold, and not within any House, Yard, Backfide or other privy or fecret Place, and unless all the Parties to the Bargain, Contract, Gift or Exchange, prefent in the said Fair or Market, shall alfo come together, and bring the Horse, Mare, Gelding or Colt fo fold, exchanged, given or put away, to the open Place appointed for the Toll-Taker, or for the Book-Keeper where no Toll is due, and there enter or cause to be entered their Names and Dwelling-places, in Manner as is aforefaid, with the Colour or Colours, and One special Mark at the leaft of every the fame Horses, Mares, Geldings or Colts, in the Toll-Taker's Book, or in the Keeper's Book for that Purpose where no Toll is due, as is aforefaid, and alfo pay him their Toll, if they ought to pay any; and if not, then the Buyer to give One Penny for the Entry of their Names, and executing the other Circumstances afore rehearsed, to him that shall write the fame in the faid Book. V. And if any Horfe, Mare, Gelding or Colt, that is or fhall Whec Owner be thievifhly ftolen or taken away, fhall after the faid last Day of shall have his February next coming be fold, given, exchanged or put away, in Hofe again. any Fair or Market, and not used in all Points according to the Tenor and Intent of this Eftatute, that then the Owner of every fuch Horfe, Mare, Gelding, or Colt, fhall and may by Force of this Eftatute feife or take again the faid Horfe, Mare, Gelding or Colt, or have an Action of Detinue or Replevin for the fame any Sale, Gift, Exchange, or putting away of any fuch Horfe, Mare, Gelding or Colt, other than according to this Estatute, in any wife notwithflanding. ; VI. The one Half of all which Forfeitures to be to the King and Queen's Majefties, her Heirs and Succeffors, and the other to him or them that will fue for the fame before the Juffices of Peace, or in any of the King's and Queen's Majefty's ordinary Courts of Record, by Bill, Plaint, Action of Debt or Information, in which Suits no Protection, Effoin or Wager of Law fhall be allowed. Fee. Who fhall deter VII. And be it enacted by the Authority aforefaid, That the Juftices of Peace of every Place and County, as well within Liber- mine Offences. ties as without, fhall have Authority in their Seffions, within the Limits of their Authority and Commiffion, to inquire, hear and determine all Offences against this Eftatute, as they may do any other Matter triable before them. VIII, Provided always, That in every fuch Fair or Market, Fee of Bok where any Toll is nor fhall be due ne leviable, by reafon of the Keeper. Freedom, Liberty or Privilege of the faid Fair or Market, the Keeper or Keepers of the Book, touching the Execution of this prefent Act, fhall take nor exact but One Penny upon and for every Contract, for his Labour in writing the Entry concerning the Premifles, in Manner and Form as is before declared. САР. All Licences to keep fuch Houfes thall be void, 1 & 2. P. & M. 2.53 54 ་ CA P. VIII. An Act for the amending of Highways. [Made perpetual 29 Eliz. c. 5. § 2.; repealed 7 G. 3. c. 42. § 57 13 G. 3. c. 78. § 84.] CA P. IX. An Act to make void divers Licences for Houses, wherein unlawful Games be used, MOST TOST humbly befeecheth the Queen's most Excellent Highnefs, your loving and obedient Subjects, the Commons in this your prefent Parliament affembled, That where by Reafon of divers fundry Licences heretofore granted to divers Perfons, as well within the City of London and the Suburbs of the fame, as alfo in divers other Places within your Highnefs Realm, for the having, maintaining and keeping of Houfes, Gardens and Places for Bowling, Tennis, Dicing, White and Black, Making ⚫ and Marring, and other unlawful Games prohibited by the Laws and Statutes of this Realm, divers and many unlawful Affemblies, Conventicles, Seditions and Confpiracies have and been daily fecretly practifed by idle and mifruled Perfons repairing to fuch Places; of the which, Robberies and many other Mildemeanors have enfued, to the Breach of your Highness Peace :' For Remedy whereof, it may please your Highnefs that it may be enacted by your Highnefs, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, That from and after the Feast of the Birth of our Lord God now next coming, every Licence, Placard or Grant made to any Perfon or Perfons, for the having, Maintenance, or keeping of any Bowling-Allies, Dicing-houses, or other unlawful Games, prohibited by the Laws and Statutes of this Realm, fhall be from the faid Feaft utterly void and of none Effect. СА Р. Х. An Act to take Examination of Prisoners fufpected of Manflaughter or Felony. WHERE in the laft Parliament holden at Westminster, of the Peace as have Authority to bail any Prisoners brought before them for any Manslaughter or Felony, before any Bailment or Mainprife, fhould take the Examination of the faid Prifoner, and Information of them that bring him, of the Fact and • Circumstances thereof, and the fame, or as much thereof as fhall be material to prove the Felony, fhall put in Writing be. <fore they make the fame Bailment; which faid Examination, together with the faid Bailment, the faid Justices fhall certify at the next General Gaol-delivery to be holden within the Limits of their Commiffion, as by the fame Act more plainly is con⚫tained, and may appear: II. And forafmuch as the faid Act doth not extend to fuch < Prifoners as fhall be brought before any Juftices of Peace for Mandaughter or Felony, and by fuch Juftice fhall be committed to Ward for the Sufpicion of fuch Manslaughter or Felony, ' and Committal. • and not bailed, in which Cafe the Examination of such Prisoner, and of fuch as fhall bring him, is as neceffary, or rather more * than where fuch Prifoner fhall be let to Bail or Mainprife:' Be it therefore enacted by the Authority of this prefent Parliament, That from henceforth fuch Justice or Juftices before whom any Juftice Thall Perfon fhall be brought for Manslaughter or Felony, or for Suf- examine Perfon picion thereof, before he or they hall commit or fend fuch Pri- fufpected of foner to Ward, fhall take the Examination of fuch Prifoner, and Felony, before Information of those that bring him, of the Fact and Circumftance thereof, and the fame, or as much thereof as shall be material to prove the Felony, fhall put in Writing within Two Days after the faid Examination; and the fame fhall certify in fuch Manner and Form, and at fuch Time, as they should and ought to do, if fuch Prisoner fo committed or fent to Ward had been bailed or let to Mainprife, upon fuch Pain as in the faid former Act is limited Peualty. and appointed for not taking, or not certifying fuch Examinations as in the faid former Act is exprefled. And be it further enacted, That the faid Juftices fhall have Authority by this Act, to bind Binding over. all fuch by Recognifance or Obligation, as do declare any Thing material to prove the faid Manflaughter or Felony against such Prifoner as fhall be fo committed to Ward, to appear at the next General Gaol-delivery to be holden within the County, City or Town Corporate where the Trial of the faid Manflaughter or Felony shall be, then and there to give Evidence again the Party; and that the faid Juftices fhall certify the said Bonds taken before them, in like Manner as they fhould and ought to certify the Bonds mentioned in the faid former Act, upon Pain as in the Penalty. faid former Act is mentioned, for not certifying fuch Bonds as by the said former Act is limited and appointed to be certified. CA P. XI. An Act touching Weavers. FORASMUCH as the Weavers of this Realm have as well at this prefent Parliament, as at divers other Times, complained that the rich and wealthy Clothiers do many ways opprefs them, fome by fetting up and keeping in their Houfes divers Looms, and keeping and maintaining them by Journeymen and • Perfons unskilful, to the Decay of a great Number of Artificers which were brought up in the faid Science of Weaving, their • Families and Houthold; fome by ingroffing of Looms into their • Hands and Poffeffions, and letting them out at fuch unreasonable Rents, as the poor Artificers are not able to maintain themfelves, much lefs their Wives, Families and Children; fome alfo by giving much lefs Wages and Hire for the weaving and Workmanship of Clothes, than in Times paft they did, whereby they are inforced utterly to forfake their Art and Occupation wherein they have been brought up :' II. It is therefore for Remedy of the Premifes, and for the avoiding of a great Number of Inconveniencies which may grow (if in Time it be not forefeen) ordained, established and enacted, *c. [Repealed 49 G. 3. & 109. §1.] CAP. CA P. XII. An Act for the Viewing and Sealing of Clothes commonly called Bridgwaters. WHI HERE before this Time the Boroughs and Towns of Bridgwater, Taunton and Chard in the County of Somerset have been well and fubftantially inhabited, occupied, maintained and upholden, for the moft Part by Reason of the making of • Woollen Clothes, commonly called Bridgwater, Taunton and • Chard Clothes, which in Times paft were much defired, as well beyond the Seas, as in the Realm of England, and thereby the Inhabitants and poor People of the faid Boroughs and Towns, and of the Country thereabouts, were daily fet on work, and had fufficient Living by the fame; and where alfo the faid Towns in Times paft were of great Force and Strength to ferve the King and Queen's Highness Progenitors and Ancestors, Kings of this Realm: Forafinuch as of late Days divers Perfons inhabiting • and dwelling in Villages, Hamlets and fmall Towns of Huibandry in the faid County of Somerset, which were never Prentices, or skilful in making of the faid Clothes, as well for their ⚫ private Wealths and Commodity, as alfo because they would be out of due Search of their Clothes to be made according to the Statute therefore provided, not regarding the Maintenance of the faid Boroughs and Towns, nor the Common-wealth of the • Handicraftsmen, and other poor People which chiefly had their < Living and Suftenance by making of the faid Cloth, have of late Days exercifed, ufed and occupied the Myfteries of Clothmaking, Weaving, Fulling and Shearing, within their Houfes, and have fo deceitfully made, wrought and ftretched the faid Clothes, to the Infamy and Slander of Cloth-making, in fuch Sort and Manner, that not only the fame Sorts of Cloths are grown out of Eftimation, but also the faid Towns are in great Decay, Ruin and Depopulation :' II. For Remedy whereof, Be it enacted, &c. 49 G. 3. c. 109. fi.] CA P. XIII. [Repealed An Act for the Inhabitants of Halifax, touching the buying of Woois. ORASMUCH as the Parifh of Halifax and other Places thereunto adjoining, being planted in the great Wafts and Moors, where the Fertility of Ground is not apt to bring forth any Corn nor good Grafs, but in rare Places, and by exceeding and great Induitry of the Inhabitants; and the fame Inhabitants altogether do live by Cloth-making, and the great Part of them neither getteth Corn, nor is able to keep a Horfe to carry Wools, nor yet to buy much Wool at once, but hath ever ufed only to repair to the Town of Halifax, and fome other nigh thereunto, and there to buy upon the Wool-driver, fome a Stone, fome two, and fome three and four, according to their Ability, and to carry the fame to their Houses, fome three, four, five and fix Miles off, upon their Heads and Backs, and fo to make and con⚫vert the fame either into Yarn or Cloth, and to fell the fame, and fo to buy more Wool of the Wool-driver; by Means of which • Industry |