Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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2 & 3 Ed. VI. c. 15.
5. 15 Car. II. c. 8. recived.; Except § 4.; 3 & 4 Ed. VI. c. 20.
For the preventing of Frauds and Abuses in buying and selling of Cattell, Bee it enacted by the Kings most Excellent Majestie and by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the authority of the same That one Act made in the second and third yeare of the Raigne of King Edward the Sixth, Entituled, An Act touching Victualls and Handyeraftsmen, And one other Act made in the fifteenth yeare of his now Majestyes Raigne, Entituled An Act to prevent the buying and selling of live fatt Cattel by Butchers. And every Article Clause and Sentence therein be, and are hereby revived continued and confirmed. Except one Branch of the said Statute concerning Victuallers and Handycraftsmen since repealed by a Statute made in the third and fowerth yeares of the Raigne of the said King Edward the Sixth, and except all such Clauses matters or things therein or in any of them contained as shall be altered or repealed by this ensueing Act, And that the same shall for ever hereafter be duely holden, observed and kept in all points for all times to come.
II. Jobber, Broker, &c. buying Cattle, except Swine or Calves, within Fourscore Miles of London, or acting as a Jobber contrary to Act
And bee it further enacted by the authority aforesaid That noe Jobber, Salesman or other Broker or Factor, who doe or shall commonly buy or sell Cattell for others be allowed or imployed either for buying or selling any fatt Cattell other then Swine or Calves by or for any Butcher or other person or persons whatsoever within fowerscore miles of the Cityes of London and Westminster upon paine of the Forfeiture of the value of the said Cattell soe bought or sold for him or them as aforesaid to be paid by the Owner of such Cattell, And upon further paine That all and every person and persons takeing upon him or them to use or exercise the said imployment of a Jobber or Broker, or of a Salesman or Factor for the buying or selling of Cattell contrary to this present Act, shall forfeite for every such Offence the Value of all such Cattell soe bought or sold or exposed to sale by him or them as aforesaid.
III. Butcher within 10 Miles of London, &c. selling to another Butcher;
And bee it further enacted That if any person or persons exerciseing the Trade of a Butcher within the Cityes of London or Westminster or within ten miles thereof shall buy any fatt Cattell and sell the same againe either alive or dead to any person or persons exerciseing [or using (fn. 1) ] the same Trade, that the Seller thereof shall forfeite for every such Offence the value of such Cattell soe bought and sold as aforesaid.
IV. Licence to Drover by Justice of Peace within Fourscore Miles of London void.
And bee it further enacted That noe Drover from and after the Twenty fourth day of June One thousand six hundred seaventy and one shall be licensed, appointed or assigned by the Justices of Peace in their Quarter Sessions or otherwise within London and Westminster or fowerscore miles of the said Cityes of London and Westminster, And that all such Licences shall be null and void. Any former Law or Statute to the contrary in any wise notwithstanding.
V. Who may be licensed Drovers.
To be bound with Sureties; and known to Justices to be of sufficient Estate.
And that from and after the fower and twentyeth day of June One thousand six hundred seaventy and one it shall not be lawfull for any Justices of [the (fn. 1) ] Peace at their Quarter Sessions or otherwise to license any person to be a Drover who doth use or exercise [the Profession (fn. 1) ] or Trade of a Grasier or Butcher nor any other person or persons whatsoever, unlesse the person or persons soe licensed shall become bound to his Majestye his Heires and Successors with two sufficient Suretyes of the same County, Division or place where such License shall be obtained by a Recognizance in such Summe as the said Justices shall thinke fitt, not to sell any Cattell by him or them to be bought within the distance of sixty miles [from the place (fn. 1) ] where he bought the same. And that the person soe licensed shall be knowne to the said Justices or some of them to be of sufficient Estate and Ability to answere the Penalty of such Recognizance in case he shall incurr the Forefeiture thereof.
VI. Onus probandi upon the Party offending.
And bee it further enacted and declared That where upon any Information or other Prosecution to be brought or prosecuted for any Offence committed in buying or selling of Cattell contrary to this present Act or any [other (fn. 1) ] Act or Statute now in force any question shall arise concerning the intervall or distance of time or place betweene the buying and selling of such Cattell, the proofe thereof shall be incumbent upon the Offender or party accused of such Offence; And in case any such Salesman or Factor as aforesaid upon any prosecution against him for the selling the Cattell of any other person, shall pleade or affirme That the Cattell soe sould were his owne it shall be incumbent upon him to make proofe of his Property therein, and a lawfull Sale bona fide made to him of the same.
VII. Vexatious Information;
Butt neverthelesse for preventing of vexatious Informations and Prosecutions by colour of this Act Bee it further enacted That if upon any Information or [other (fn. 1) ] Prosecution grounded upon this Act, it shall appeare to the Justices before whome the said, cause shall be brought that any such Information or Prosecution was promoted onely for vexation and without any reasonable cause, the said Justices shall and are hereby required by vertue of this Act to award to the party soe unjustly accused or prosecuted treble Costs to be occasioned by such vexatious Prosecution, the same to be recovered by Action of Debt, or upon the Case, wherein noe Essoigne Protection or Wager of Law shall be allowed.
VIII. Quarter Sessions may determine Offences.
To make Extracts of one Moiety of Penalties to the King; to award Execution of the other Moiety to the Informer.
And bee it further enacted by the authority aforesaid That the Justices of the Peace in every County, Rideing, Division Citty or Towne Corporate within the Kingdome of England, Dominion of Wales or Towne of Berwicke upon Tweede at their Quarter Sessions shall have full power and authority by vertue of this Act to enquire, heare and determine all and every the defaults and offences in buying or selling of Cattell [committed (fn. 2) ] contrary to this Act, or any other Law or Statute now in force within the County, Rideing, Division, City or Towne Corporate where any such Offence shall be committed by Inquisition, Presentment, Bill or Information before them exhibited, and to make Processe thereupon, and upon Conviction of the [Offenders (fn. 3) ] to make Extracts of the one moyety of the Forfeitures to be leavyed to the Kings use, as they use to doe of other Fines, Issues, and Amerciaments growne in Sessions of the Peace, and to award Execution of the other moyety to the Informer or Prosecutor by Fieri Facias or Capias as the Kings Bench at Westminster may doe and use to doe.
IX. No Certiorari to be allowed.
And bee it enacted by the authority aforesaid That noe Certiorari shall be allowed to remove any Information or other Proceedings in the Quarter Sessions for or concerning any matter or thing in this or the before recited Acts or any of them, but the Justices of the Peace then present shall proceede thereupon, Any such Writt or Writts of Certiorari notwithstanding.
X. Fat Cattle bought in Smithfield, not to be there sold again; Penalty.
And bee it further enacted That if any fatt Cattell bought in Smithfeild Market from and after the fower and twentyeth day of June One thousand six hundred seaventy and one as aforesaid shall afterwards be brought into the said Market to be sold or exposed to sale alive, the same shall and may be seized by the Bayliffe Toll-taker or other Officer; appointed to have the Care and Oversight of the said Market to the use of the Maior Aldermen and Commonalty of the City of London.
XI. Cattle there sold, how to be marked.
And for the better discovery thereof Bee it further enacted That the said Bayliffe Toll taker or other Officer aforesaid shall cause all Cattell which shall be sold to be marked by cutting off two inches or more of the further Horne of every Oxe, Steere or other Bullocke soe sold to the intent the same may be seized as forfeit by vertue of this present Act as aforesaid.
XII. Customs of Foreign bought and Foreign sold not to prevent Foreigners buying and selling.
And forasmuch as the Customes of Forreigne bought and Forreigne sold used within the City of London is found to be prejudiciall to the Sellers of Cattell in the Markets of Smithfeild Bee it enacted from and after the fower and twentyeth day of June One thousand six hundred seaventy and one, it shall and may be lawfull aswell for Forreigners as Freemen to buy and sell any Cattell in the said Markets without Restraint, Any such Custome or other Usage to the contrary notwithstanding.
XIII. Calves under Five Weeks old may be killed.
A Clause in 1 Jac. I. c. 22. repealed.
And it is hereby, further enacted and declared That one certaine Clause restraining the killing of any Calfe to sell being under five Weekes old upon paine to forfeite six shillings eight pence for every Calfe soe to be killed and sold, contained in a certaine Act of Parlyament made in the first yeare of the Raigne of King James over England &c entituled An Act concerning Tanners, Curriers, Shoe-makers and other Artificers occupying the Cutting of Leathers, stand repealed and be utterly null and void.
XIV. Limitation of Prosecution.
Provided alwayes and bee it enacted by the authoritie aforesaid that neither this Act, nor any thing therein contained shall extend to charge any person or persons for any the Offences above mentioned, unlesse he or they be prosecuted for the same within six Moneths next after such Offence done or committed.
XV. Continuance of Act.
Provided alwayes That this Act shall continue in force for three yeares to commence from the twenty fourth day of June One thousand six hundred seaventy one aforesaid, and from thence to the end of the next Sessions of Parlyament and noe longer.
XVI. Compounding Offences.
And if any person or persons discovering any Offence committed against this Act shall make any Composition for the same and not prosecute according to the direction of this Act, every such person or persons soe offending shall forfeite twenty pounds for every such Offence to be recovered and disposed in like manner as all Penaltyes and Forfeitures in this Act are directed.