of ftolen

a toll-taker.

II. Be it therefore enacted by the authority of this present parliament, That the owner, governor, ruler, fermor, steward, bailiff, orchief keeper of every fair and market overt within this realm, and other the Queen's dominions, fhall before the fea of Eafter next, and fo yearly, appoint and limit out a The former certain and special open place within the town, place, field misuse in fale or circuit, where horfes, mares, geldings and colts have been horses. and shall be used to be fold in any fair or market overt; (2) in A place fhall which faid certain and open place, as is aforefaid, there fhall be, be appointed by the said ruler or keeper of the faid fair or market, put in and for a horseappointed one fufficient perfon or more, to take toll and keep fair, and alfo the fame place from ten of the clock before noon until funfet of every day of the forefaid fair and market, upon pain to lofe and forfeit for every default forty fhillings: (3) and that When, where every toll-gatherer his deputy or deputies, fhall, during the and of whom time of every the faid fairs and markets, take their due and toll for horfes lawful tolls for every fuch horfe, mare, gelding or colt, at the fhall be taken. faid open place to be appointed as is aforefaid, and betwixt the hours of ten of the clock in the morning and fun-set of the same day, if it be tendred, and not at any other time or place; (4) and shall have presently 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 horse, mare, gelding and colt fo fold, exchanged or put away; (5) and fhall then write or caufe to be written in a book to be kept for that purpose, the names, furnames, and dwelling-places of all the faid parties, and the colour with one special mark at the leaft, of every such horse, mare, gelding and colt; (6) in pain to forfeit at and for every default contrary to the tenor thereof, forty fhillings.

horfes fold in a fair or mar

ket.

III. And the faid toll-gatherer or keeper of the faid book A note of all fhall within one day next after every such fair or market bring and deliver his faid book to the owner, governor, ruler, fteward, bailiff or chief keeper of the said fair or market, who shall then cause 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; (2) upon pain to him that fhall make default therein, to lofe and forfeit for every default forty fhillings, and alfo answer the party grieved by reason of the fame his negligence in every behalf.

IV. And be it further enacted by the authority aforefaid, That the fale, gift, exchange, or putting away after the last day of February now next coming, in any fair or market overt, of any horfe, mare, gelding or colt, that is or fhall be thievifhly ftolen, or feloniously taken away from any perfon or perfons, fhall not alter, take away, nor exchange the property of any person or persons 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,

2

F 3

The ufing of

a stolen horse in a fair, or,

&c. before the owner's property shall be

taken away.

The juftices of peace thall hear and de

termine the offences aforefaid.

The allowance of the

keeper of the no toll is due.

book where

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 fun-fetting, in the open place of the fair or market wherein horfes are commonly used to be fold, and not within any house, yard, back-fide or other privy or fecret place, and unless all the parties to the bargain, contract, gift or exchange, present in the faid fair or market, fhall also come together, and bring the horse, mare, gelding or colt fo fold, exchanged given or put away, to the open place appointed for the tolltaker, 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 least of every the fame horses, mares, geldings or colts, in the toll-taker's book, or in the keepers book for that purpose where no toll is due, as is aforefaid, and also 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 circumftances afore rehearsed, to him that fhall write the fame in the said book.

V. And if any horfe, mare, gelding or colt, that is or shall be thievishly stolen or taken away, fhall after the faid laft day of February next coming be fold, given, exchanged or put away, in 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 horse, 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 fale, gift, exchange, or putting away of any fuch horfe, mare, gelding or colt, other than according to this eftatute, in any wife notwithstanding.

VI. The one half of all which forfeitures to be to the King and Queen's majefties, her heirs and fucceffors, and the other to him or them that will fue for the fame before the juftices of peace, or in any of the King's and Queen's majefties ordinary courts of record, by bill, plaint, action of debt or information, in which fuits no protection, effoin or wager of law fhall be allowed.

VII. And be it enacted by the authority aforefaid, That the juftices of peace of every place and county, as well within liberties as without, fhall have authority in their feffions, within the limits of their authority and commiffion, to enquire, 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, where any toll is nor fhall be due ne leviable, by reason of the freedom, liberty or privilege of the faid fair or maket, 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 premiffes, in manner and form as is before declared.

CAP.

CAP. VIII.

The ftatute for mending of highways.

FOR amending of highways, being now both very noisom and

tedious to travel in, and dangerous to all passengers and carriages:

(2) Be it enacted by the authority of this prefent parliament, Who shall be that the conftables and church-wardens of every parish within charged tothis realm, fhall yearly upon the Tuesday or Wednesday in Eafter wards the mending week call together a number of the parishioners, and fhall of highways. then elect and chufe two honeft perfons of the parish to be fur- Surveyors veyors and orderers for one year, or the works for amendment shall be apof the highways in their parish leading to any market-town; pointed for (3) the which perfons fhall have authority by virtue hereof, ment of highto order and direct the persons and carriages that shall be ap- ways. pointed for those works, by their difcretions; (4) and the 3 Mod. 96. faid persons so named fhall take upon them the execution of their faid offices, upon pain every of them making default, to forfeit twenty fhillings.

the amend

22Car.2.c.12. f. 12.

II. And the faid conftables and church-wardens fhall then Four days alfo name and appoint four days for the amending of the fhall be apfaid ways, before the feaft of the nativity of Saint John Baptift pointed for then next following; (2) and fhall openly in the church the the amendment of highnext Sunday after Eafter give knowledge of the fame four days; ways. (3) and upon the faid days the parishioners fhall endeavour Six days are themselves to the amending of the faid ways; (4) and fhall appointed by be chargeable thereunto as followeth; that is to fay, every Each perfon's 5El.c.13.1.7. perfon for every plow-land in tillage or pasture that he or the charge tofhall occupy in the fame parish, and every other perfon keep- wards the ing there a draught or plough, fhall find and fend at every day mending of and place to be appointed for the amending of the ways in that highways. Explained by parish as is aforefaid, one wain or cart furnished after the 18 El. c. 10. custom of the country with oxen, horfes or other cattle, and f. all other neceffaries meet to carry things convenient for that purpose, and also two able men with the fame, upon pain of every draught making default, ten fhillings; (5) and every other housholder, and alfo every cottager and labourer of that parish, able to labour, and being no hired fervant by the year, fhall by themselves or one fufficient labourer for every of them, upon every of the faid four days, work and travel in the amendment of the said highways, upon pain of every perfon making default, to lofe for every day twelve pence. (6) And if the faid carriages of the parish, or any of them, fhall not be thought needful by the supervisors to be occupied upon any of the faid days, that then every fuch perfon that should have fent any fuch carriage, fhall fend to the faid work for every carriage fo fpared two able men, there to labour for that day, upon pain to lofe for every man fo fent to the faid work, twelve pence. (7) And every perfon and carriage abovesaid Neceffary fhall have and bring with them fuch fhovels, fpades, picks, tools fhall be mattocks, brought to be

F 4

used about highways,

What officers may enquire

of offences.

The penalty for refufing to pay the forfeitures.

mattocks, and other tools and inftruments, as they do make their own ditches and fences withal, and fuch as be necessary for their faid work: (8) and all the faid perfons and carriages fhall do and keep their work as they fhall be appointed by the faid fupervifors, or one of them, eight hours of every of the faid days, unless they fhall be otherwife licenced by the faid fupervifors, or one of them. (9) And be it enacted by the authority aforesaid, That the fteward and stewards of every leet or law-day fhall therein have full power and authority to enquire by the oaths of the fuiters, of all and every the offences that fhall be committed within the leet or law-day, against every point and article of this estatute, and to affefs fuch reafonable fines and amerciaments for the fame, as fhall be thought meet by the faid steward: (10) and in default of fuch enquiry or prefentment, the juftices of peace of every place or county fhall have authority to enquire of the fame offences which shall be committed within the limits of their commiflion at every their quarter-feffions, and to affefs fuch fines therefore as they or two of them, whereof one to be of the quorum, shall think meet: (11) and the fteward of every leet and law-day shall make eftreats indented of all the fines, forfeitures and amerciaments for the defaults prefented before him, and shall deliver the one part thereof fealed and figned by him, to the bailiff and high conftable of every hundred, rape, lathe or wapentake wherein the defaults fhall be prefented, and the other part to the constable and church-wardens of the parish wherein the defaults were made; the fame to be yearly delivered within fix weeks after the feaft of Saint Michael the archangel: (12) and the clerk of the peace shall make the like eftreats indented, of the fines, forfeitures and amerciaments, for the defaults presented before the juftices of peace, and fhall feal, subscribe and deliver the fame in like fort as is aforefaid; (13) the which eftreats, and every of them, fhall be a fufficient warrant to the faid bailiff or chief conftable to levy the faid amerciaments, fines and forfeitures by way of diftrefs: (14) and if no fufficient diftress can be found by the faid bailiff or head constable, or if the said offender fhall obftinately refuse to pay the faid amerciament, fine or forfeiture, and do not pay the fame within twenty days after a lawful demand of the fame by the faid officer, that then every such person to forfeit the double fum that he should before have paid.

The confta- III. And be it further enacted, That every of the said bailiffs bles account. and head conftables fhall at least once every year betwixt the firft of March and the last day of April, make a true account and payment of all fuch fums of money, to the constable and church-wardens of every parish wherein the offences were committed, or to two of them, as he fhall have collected upon any of the faid eftreats, upon pain to forfeit for every time he fhall not fo do, forty fhillings.

How the for

feitures fhall be employed.

IV. And be it enacted by the authority aforefaid, That all fines, amerciaments and forfeitures, which fhall be due for

any

any offence against this purvey of the eftatute, shall be to the church-wardens of every parish wherein the offences fhall be committed, to be bestowed on the highways in the faid parishes: (2) and the faid church-wardens fhall have authority to call the faid bailiff and head conftable to account before the juftices of peace or two of them, whereof one to be of the quorum, by bill information or otherwife: (3) the which juftices fhall have authority to take the faid account, and to commit the faid bailiff or head conftable to prison, there to remain until he fhall pay all fuch arrearages as fhall be adjudged by the faid justices; (4) and every of the said bailiffs and head conftables, The bailiff upon their accounts, fhall have allowed for every pound he and head confhall collect and pay, eight pence for his own pains, and twelve pence for the fees of the clerk of the peace, or steward of the leet, for the eftreats indented of every feveral parish that they fhall deliver as aforefaid; (5) and the fucceffors of every churchwardens fhall have the like action of account against their predeceffors, as is before appointed against the bailiffs. (6) This act to continue for seven years next after the beginning of this parliament, and to the end of the next parliament then next following. Revived by 5 El. c. 13. and made perpetual by 27 El. c. 24. 29 El. c. 5. 13 & 14 Car. 2. c. 6.

CAP. IX.

An act to avoid divers licences for houses where unlawful

games be used.

ftables ac

count.

void.

for unlawful

MOS OST humbly befeecheth the Queen's most excellent highness, All licences your loving and obedient fubjects, the commons in this your to keep houfes prefent parliament affembled, That where by reafon of divers fundry for unlawful licences heretofore granted to divers perfons, as well within the city games fhall be of London and the fuburbs of the fame, as alfo in divers other places The inconve within your Highness realm, for the having, maintaining and keep- niencies ofpering of houfes gardens and places for bowling, tennis, dicing, white mitting houfes and black, making and marring, and other unlawful games prohibit- games. ed by the laws and ftatutes of this realm, divers and many unlawful 33 H. 8. c. 9. affemblies, conventicles, feditions and confpiracies have and been daily 16 Car. 2. c. 7. fecretly practifed by idle and mifruled perfons repairing to fuch 9 An. c. 14. places; of the which, robberies and many other mifdemeanors have enfued to the breach of your Highness peace: (2) for remedy whereof, it may please your Highness that it may be enacted by your Highness, the lords fpiritual and temporal, and the commons,

be void.

in this prefent parliament affembled, That from and after the All licences feaft of the birth of our Lord God now next coming, every to keep fuch licence, placard or grant made to any person or perfons, for houfes fail the having, maintenance, or keeping of any bowling-allies, dicing-houses, or other unlawful games, prohibited by the laws and ftatutes of this realm, fhall be from the faid feaft utterly void and of none effect,

CAP.