And deliver his said book to the owner, governor, ruler, market, steward, 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 horses, mares, geldings and colts sold at the said market or fair, and shall there subscribe his name, or set his mark thereunto; upon pain to him that shall make default therein, to lose and forfeit for every default forty shillings, and also answer the party grieved by reason of the same his negligence or persons, shall not alter, take away nor exchange the property of any person or persons to or from any such horse, mare, gelding or colt, unless the same horse, mare, gelding or colt 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 privy also come together and bring the horse, mare, gelding or colt so sold, 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 aforesaid, with the colour or colours, and one special mark at the least of every the same 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 aforesaid, 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 circumstances afore rehearsed, to him that shall write the same in be thievishly stolen or taken away, shall after the said last day of February next coming be sold, given, exchanged or put away, in any fair or market, and not used in all points according to the tenor and intent of this estatute, that then the owner of every such horse, mare, gelding or colt, shall and may by force of this estatute seize or take again the said horse, mare, gelding or colt, or have an "slots" action of Detinue or Replevin for the same; any sale, gift, exchange or putting away of any such horse, mare, gelding or colt, other than according to this estatute, in anywise notwithstanding:
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