SLAUGHTERING OF HORSES. 26 Geo. 3, c. 71. Vestry to appoint inspectors. Inspector's duty. book shall at all times be open for the perusal and examination of the inspector and inspectors to be appointed under this act; and all and every such licensed person and persons shall at all times attend with and produce such book before any one justice of the peace for the county, city, liberty, or place, where such licensed slaughtering house or place shall be situate, when required by warrant or order under the hand and seal of such justice of the peace so to do, and shall likewise produce the same at every general quarter sessions of the peace which shall be held in and for the said county.' Sect. 5 provides, "That such of the parishioners as by law are entitled to meet in vestry for the purpose of choosing parish officers, shall, in every parish wherein any such slaughtering house or place shall be situated, annually, or oftener as occasion may require, appoint one or more proper person or persons to be an inspector or inspectors, to inspect every such slaughtering house and place as aforesaid, to whom all and every occupier and occupiers, person and persons carrying on such business as aforesaid, shall, six hours previous to his, her, or their slaughtering, killing, or flaying any such horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, give notice in writing of his, her, or their intention so to do; and such inspector or inspectors shall in person, or by his or their servant or servants, attend at the slaughtering house or place of the person or persons so giving such notice, and there take such account and description as herein before directed; and every such inspector shall, and is hereby required to keep a book or books, and therein to make an entry of every such account and description; and every such occupier or person carrying on such business as aforesaid shall, for every such entry, pay to such inspector 6d.; and all and every person and persons desiring to inspect such book or books shall have access to the same at all times between the hours of eight of the clock in the morning, and five in the evening, during the months of October, November, December, January, February, and March, and between the hours of six of the clock in the morning, and eight in the evening during the months of April, May, June, July, August, and September, in every year, paying to such inspector for every such search the sum of 6d., and no more; and every such inspector so appointed as aforesaid shall cause to be painted or affixed over the door of the house where he resides his name and the words "Inspector of houses and places for slaughtering horses;" and in case such inspector or inspectors shall, upon examination of any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle intended to be slaughtered or killed, have reason to believe, or be of opinion, that such horse, mare, gelding, colt, filly, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle is or are free from disease, and in a sound and serviceable state, or that the same has been stolen or unlawfully come by, he or they shall have power, and is and are hereby authorized and required, to prohibit the slaughtering or killing of any such horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, for any time not exceeding the space of eight days; and in the mean time shall, and is and are hereby directed and required to cause an advertisement or advertisements to be inserted in the Daily Advertiser, or some public newspaper circulated in the county where such slaughter house or place shall be situated, twice or oftener, unless the owner or owners of such horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle shall sooner claim the same, to certify under his, her, or their hand or hands to, or otherwise satisfactorily inform the said inspector or inspectors, that he, she, or they sent or delivered, or caused the said horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other such cattle to be delivered to the said person or persons so licensed for the purpose of being slaughtered or killed, the expense of inserting such advertisement or advertisements as aforesaid to be paid by the occupier or occupiers of such slaughtering house or place to such inspector or inspectors; and in case such occupier or occupiers of such slaughtering house or place shall refuse to defray or pay the ass, OF HORSES. same, and shall be thereof convicted on the oath of any such inspector as SLAUGHTERING aforesaid, before any one justice of the peace for the county or district wherein such slaughtering house or place shall be situated, he, she, or they 26 Geo. 3, c. 71. shall forfeit double the amount of the charge of such advertisement or advertisements, to be raised by distress and sale of the goods and chattels of such offender or offenders, by warrant under the hand and seal of any such justice as aforesaid; and the form of such conviction shall be as follows: "A. B. is convicted on the oath of C. D., inspector of houses and places for slaughtering horses for the parish of E. in the county of D., of refusing to pay the sum of being the expense of an advertisement [or, advertisements, as the case may be], inserted in the Daily Advertiser or some other public newspaper circulated in the county [as the case may be], pursuant to the directions of the statute in that case made and provided. Given under my hand and seal this day of 18 F. G." Sect. 6 enacts, "That it shall and may be lawful to and for every inspector so appointed as aforesaid, at all times in the day or night, but if in the night then in the presence of a constable, to go to, enter into, and inspect any house or place kept for slaughtering or killing horses by any person or persons licensed as aforesaid; and also any stable, building, shed, yard or place belonging thereto, and then and there to examine, search for, and see if any horse, mare, gelding, foal, filly, ass or mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle is or are deposited, or have been brought there, and to take an account thereof; and all and every person and persons so licensed as aforesaid, having, keeping, or using any such house or place for slaughtering horses, shall, and is, and are hereby directed and required to permit and suffer any such inspector as aforesaid, at all times in the day and night, but if in the night then in the presence of a constable, to enter into and inspect such house or place, and also any stable, building, shed, yard, or premises belonging thereto, and freely to examine, search for, and see any horse, mare, gelding, foal, filly, ass or mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle then and there being, and to take such account as hereinbefore directed." Sect. 7 enacts, "That in case any person or persons who shall offer to sale, or shall bring any horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, to any person or persons keeping such slaughtering house or place as aforesaid, to be slaughtered or killed, or, being dead, to be flayed or skinned, shall not be able, or shall refuse to give a satisfactory account of himself, herself, or themselves, or of the means by which the same came into his, her, or their possession; or if there shall be any reason to suspect that such horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle is or are stolen, or otherwise unlawfully obtained, it shall and may be lawful for the person or persons keeping such slaughtering house or place as aforesaid, to whom the same shall be brought or offered to sale, and for his, her, or their servants, agents or assistants, and also for the said inspector or inspectors, or his or their servant or servants as aforesaid, to seize and detain such person or persons, and also every such horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle so brought or offered to sale as aforesaid, and to deliver such person or persons, as soon as conveniently may be, into the custody of a constable or other peace officer, who shall and is hereby required immediately to convey such person or persons before a justice of the peace for the county, riding, division, city, liberty, or place where the offence shall be committed; and if such justice shall, upon examination and inquiry, have cause to suspect that such horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, heifer, calf, sheep, hog, goat, or other cattle, is or are stolen or unlawfully obtained, it shall and may be lawful for such justice to commit such person or persons into safe custody for any time not exceeding the space of six days, in order to be further examined; and if upon either of the said examinations such justice shall be satisfied, or have reason to believe that such horse, mare, gelding, foal, filly, ass, mule, bull, cow, ox, Form of conviction for refusing to pay for adver tisements of the inspectors. OF HORSES. SLAUGHTERING heffer, calf, sheep, hog, goat, or other cattle is or are stolen or illegally obtained, the said justice is hereby authorized and required to commit the person or persons so bringing or offering the same to sale to the common gaol or house of correction of the county, riding, division, city, liberty, or place wherein the offence shall be committed, there to be dealt with according to law." 26 Geo. 3, c. 71. Persons slaughter- Persons destroying hides, &c. to be misdemeanors. Sect. 8 enacts, "That if any person or persons keeping or using any such slaughtering house or place as aforesaid, shall at any time from and after the 20th day of July, 1786, slaughter any horse, mare or gelding, foal or filly, ass or mule, or any bull, cow, heifer, ox, calf, sheep, hog, goat, or other cattle, for any other purpose than for butcher's meat, or shall flay any horse, mare, gelding, foal, filly, ass, mule, bull, cow, heifer, ox, calf, sheep, hog, goat, or other cattle brought dead to such slaughtering house or other place, without taking out such licence, or without giving such notice as aforesaid, or shall slaughter, kill, or flay the same at any time or times other than and except within the hours hereinbefore limited, or shall not delay slaughtering or killing the same according to the direction of such inspector so authorized to prohibit the same as aforesaid, such person or persons so offending in either of the said cases, being thereof convicted, shall be adjudged, deemed, and taken to be guilty of felony, and shall be punished by fine and imprisonment, and such corporal punishment by public or private whipping, or shall be transported beyond the seas for any time not exceeding seven years, as the Court before whom such offender or offenders shall be tried and convicted shall direct." Sect. 9. Reciting that 'divers ill-disposed persons keeping such slaughterdeemed guilty of ing houses and places as aforesaid have, in order to prevent inquiry and detection, made a practice of throwing the hides of horses and other cattle into lime pits, or otherwise immersing in or rubbing the same with lime or some other corrosive matter;' enacts, "That if any person or persons keeping or using any such slaughtering house or place as aforesaid, shall, at any time, from and after the 20th day of July, 1786, throw into any lime pit or lime pits, or otherwise immerse in lime or any preparation thereof, or rub therewith or with any other corrosive matter, or destroy or bury the hide or hides, skin or skins of any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle by him, her, or them slaughtered, killed, or flayed, or shall be guilty of any offence against this act for which no punishment or penalty is expressly provided or declared, such person or persons, being convicted thereof, shall be adjudged, deemed, and taken to be guilty of a misdemeanor, and shall be punished by fine and imprisonment, and such corporal punishment, by public or private whipping, as the Court before whom such offender or offenders shall be tried and convicted shall direct." Persons making to penalty, &c. Sect. 10 enacts, "That if any person or persons so licensed as aforesaid false entries, liable shall make, or cause to be made, any false entry in any such book by him, her, or them to be kept as aforesaid, of any matter or matters, thing or things so required by him, her, or them to be made in such book as aforesaid, he, she, or they being convicted thereof, upon the oath of two credible witnesses, before any one justice of the peace for the county, riding, franchise, or district wherein such slaughtering house or place shall be situated, (which said oath the said justice is hereby authorized and required to administer), shall, for every such offence, forfeit any sum not exceeding 201. nor less than 10%., to be levied by distress and sale of the goods and chattels of such offender or offenders, by warrant under the hand and seal of such justice, (the surplus arising from such distress and sale, after the deduction of the charges thereof, to be restored), one moiety thereof to be paid to the informer, and the other moiety thereof to be forthwith paid or transmitted by the said justice to the overseers of the poor, or one of them, for the use of the poor of the parish wherein such offender or offenders shall reside; and in case such offender or offenders shall not have effects to the amount of the said penalty, it shall be lawful for such justice, after sale and application as aforesaid of such effects as shall be found, to commit him, her, or them to the house of correction, there to be confined to hard labour for SLAUGHTERING any time not exceeding three months, nor less than one month." Sect. 11 enacts, "That a conviction for any such offence in the tenor or to the effect following, shall be good to all intents and purposes: "BE it remembered, That on this day of in the year 18 A. B., licensed for slaughtering horses, is convicted upon the oaths of C. D. and E. F., two credible witnesses, before me G. H., one of his Majesty's justices of the peace for the county of of having wilfully made [or, caused to be made, as the case may be,] a false entry in the book required by the statute in that case made and provided to be kept by the said A. B., whereby he [she or they] has [or have] forfeited the sum of Given under my hand and seal the day and year above written." Sect. 12 enacts, "That the book and books of all and every the inspector and inspectors of every parish wherein any such slaughtering house or place shall stand or be situated, shall be produced at every general quarter sessions of the peace to be holden in and for the county wherein any such licence shall be granted, and delivered to the justices of the peace at such general quarter sessions assembled, then and there to be examined by them as they shall think fit." Sect. 13 enacts, "That if any person or persons shall occasionally lend any house, barn, stable, or other place, for the purpose of slaughtering or killing any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, which shall not be killed for butcher's meat, without taking out such licence as aforesaid, and shall be thereof convicted before any justice of the peace for the county, riding, city, town, district, division, or liberty wherein such person or persons shall reside, upon the oath of two credible witnesses, he, she, or they shall forfeit, upon conviction, for every such offence, any sum not exceeding 201., nor less than 10.; one moiety thereof to be paid to the informer, and the other moiety to the poor of the parish where the offence shall be committed; and which said last-mentioned moiety shall, upon payment thereof, be immediately transmitted by the justice so convicting to the overseers of the poor of the said parish, or one of them; and in case such penalty shall not be forthwith paid, such justice shall commit the offender to the common gaol or house of correction, there to remain without bail or mainprize for any time not exceeding three calendar months, nor less than one calendar month, unless the said penalty shall be sooner paid; and the form of such conviction shall be as follows, or to the like effect: "BE it remembered, That on this day of A. B. was convicted, upon the oaths of two credible witnesses, before me C. D., one of his Majesty's justices of the peace for the county of for occasionally lending a house [or place, as the case may be] for the purpose of slaughtering horses [or, as the case may be, of slaughtering cattle for other purposes than for butcher's meat] without a licence for that purpose first obtained, according to the statute in that case made and provided. Given under my hand and seal the day and year above written." Sect. 14 enacts, "That this act shall not extend to any currier, feltmaker, tanner, or dealer in hides, who shall kill any distempered or aged horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, or purchase any dead horse, mare, gelding, colt, filly, ass, mule, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, for the bona fide purpose of selling, using, or curing the hide or hides thereof, in the course of their respective trades; nor to any farrier employed to kill aged and distempered cattle, nor to any person or persons who shall kill any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, of their own or other cattle, or purchasing any dead horse or other cattle to feed their own hounds or dogs, or giving away the flesh thereof for the like purpose." Sect. 15 enacts, "That if any collar-maker, currier, felt-maker, tanner or dealer in hides, or farrier or other person, shall, under colour of their respective trades or occupations, knowingly or willingly kill any sound or useful horse, gelding, mare, foal or filly, or boil or otherwise cure the flesh thereof for the purpose of selling the same, such collar-maker and other tradesman OF HORSES. 26 Geo. 3, c. 71. Form of convic tion when penalties are not paid. Inspector's books to be produced at the quarter sessions. Penalty on persons lending houses for the purpose of slaughtering. Form of conviction when the said penalty is not paid. Act not to extend killing distempered horses, &c. to curriers, &c. Collar-makers, &c. horses, &c. liable SLAUGHTERING or person shall be deemed and taken to be an offender within the meaning of this act, and shall, for every such offence, forfeit any sum not exceeding 201., nor less than 107. OF HORSES. 26 Geo. 3, c. 71. Parishioners to be deemed competent witnesses. General issue. Treble costs. Nuisance. Sect. 16 enacts, "That it shall and may be lawful for any justice of the peace before whom complaint shall be made for any offence against this act, to summon such person or persons, other than the party or parties complained against, as he shall think proper, to appear before him at a day certain, then and there to give evidence touching any offence committed against this act; and in case such person or persons shall wilfully refuse or neglect to attend or give evidence touching such offence, he, she, or they shall forfeit the sum of 107., and in default of payment thereof, or in case of inability to pay the same, shall stand committed to the common gaol or house of correction for any time not exceeding three calendar months, nor less than one calendar month, unless the said penalty shall be sooner paid." Sect. 17 enacts, "That any inhabitant of the parish where any offence against this act shall be committed, shall, upon any complaint or hearing before any justice or justices of the peace, or upon any trial or examination by virtue of this act, be, and be deemed to be, a competent witness, notwithstanding his or her contributing to any of the rates or dues to such parish, or being a poor person relieved or relievable by the said parish, and entitled, as such, to receive any benefit or interest from any penalty or penalties to be paid or levied in pursuance of the directions of this act; any law or usage to the contrary notwithstanding." Sect. 18 enacts, "That if any person or persons shall at any time or times be sued, molested, or prosecuted for any thing by him, her, or them done or executed in pursuance of this act, or of any clause, matter, or thing herein contained, such person or persons may plead the general issue, and give the special matter in evidence for his, her, or their defence; and if, upon the trial, a verdict shall pass for the defendant or defendants, or the plaintiff or plaintiffs shall become nonsuited, then such defendant or defendants shall have treble costs awarded to him, her, or them, against such plaintiff or plaintiffs." As to when a slaughter house may be deemed a nuisance, see the general law, title Nuisances, Vol. III. Stoned horses inclosure. V. Putting Stoned Horses on Commons. By stat. 32 Hen. VIII. c. 13, s. 2, 10, No person shall put in any forest, chase, moor, heath, common, or waste, where mares or fillies are used to be kept, any stoned horse above the age of two years, not being fifteen hands high, within the shires and territories of Norfolk, Suffolk, Cambridge, Buckingham, Huntingdon, Essex, Kent, South Hampshire, North Wiltshire, Oxford, Berkshire, Worcester, Gloucester, Somerset, North Wales, South Wales, Bedford, Warwick, Northampton, Yorkshire, Cheshire, Staffordshire, Lancashire, Salop, Leicester, Hereford, and Lincoln; nor under fourteen hands in any other county (except Cornwall, stat. 21 Jac. c. 28, s. 12), on pain of forfeiting the same. But by stat. 18 Eliz. c. 8, s. 3, This shall not extend to the marshes in the counties of Cambridge, Huntingdon, Suffolk, Northampton, Lincoln, and Norfolk; provided that the horses be of thirteen hands. Also, by stat. 32 Hen. VIII. c. 13, s. 5, Nothing herein shall extend to breaking out of an any stoned horse, that shall happen once in a year to break out of any pasture into such common, so that he do not stay there above four days after notice given at the dwelling house of the owner, or after publication thereof on a Sunday or other festival in the parish church where the owner or possessor of such horse dwelleth. Seizing horses under size. Sect. 3. Any person may seize any such horse so being under size in manner following: he shall go to the keeper of such forest, or (out of such |