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Driving of Cattle, Metropolis Act 1781

Great Britain Parliament

[21 George III. c. 67] An Act to Prevent the Mischiefs that Arise from Driving Cattle Within the Cities of London and Westminster, and Liberties Thereof, and Bills of Morality

Whereas the improper and cruel Manner in which Cattle are driven from Smithfield Market…has occasioned great Mischief, and endangers the Lives of many…if any Person…shall, by Negligence…be the Means that any Mischief shall be done by such Cattle…by the improper driving, treating, or using of such Cattle…or any Persons, not being hired or employed to drive Cattle within the said Cities of London or Westminster, or Liberties thereof, or the Bills of Mortality, shall pelt with Stones, Brickbats, or by any other Means drive or hunt away, or shall set any Dog or Dogs at any Ox, Heifer, Cow, Steer, or other Cattle, without the Consent of the Owner…or his Servant…shall forfeit and pay any Sum not exceeding twenty Shillings, nor less than five Shillings…if any Persons [who] shall refuse, or not be able forthwith to pay the Sum forfeited…[shall] be committed to the House of Correction or some other Prison…there to be kept to hard Labour for any Time not exceeding one Calendar Month.

[1781] "An Act to Prevent the Mischiefs that Arise from Driving Cattle Within the Cities of London and Westminster, and Liberties Thereof, and Bills of Mortality," in vol.9 of Statutes at Large (London, 1786; Google Books: Online Library of Free eBooks) 205-8.

Whereas the improper and cruel Manner in which Cattle are driven from Smithfield Market, within the City of London, through the Streets of the said City and Liberties thereof, the City of Westminster, and the Bills of Mortality, has occasioned great Mischief, and endangers the Lives of many of his Majesty's liege Subjects inhabiting therein; for preventing whereof for the future, may it please your most Excellent Majesty that it may be enacted; and be enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this preset Parliament assembled, and by the Authority of the same, That, from and after the passing of this Act, if any Person or Persons, who shall be hired or employed to drive any Cattle within London or Westminster, or the Liberties thereof, or the Bills of Mortality, shall, by Negligence in the driving such Cattle, be the Means that any Mischief shall be done by such Cattle, or by any one or more of them, which shall be committed to his, her, or their Care; or if any Driver or Drivers of Cattle, within the Limits aforesaid, shall in anywise misbehave himself, herself, or themselves, in the Driving, Care, or Management of any such Cattle, by the improper driving, treating, or using of such Cattle; then and in any of the said Cases, and so often as any of them shall happen, it shall and may be lawful to or for any Constable, or other Peace Officer, upon View thereof, or Information of any Person or Persons (who shall declare his, her, or their Name or Names, and Place or Places of Abode, to the said Constable or other Peace Officer), to seize and secure, by the Authority of this Act, and, without any other Warrant, to convey such Offender of Offenders before some Justice of the peace of the said Cities of London or Westminster, or within the Bills of Mortality; and the Party or Parties accused shall be convicted of any such Offence, either by his, her, or their own Confession, or upon such Information as aforesaid, he, she, or they, so convicted, shall forfeit and pay an Sum not exceeding twenty Shillings, nor less than five Shillings, to the Person or Persons who shall prosecuted to Conviction any such Offender or Offenders; and if the Person or Persons so convicted shall refuse, or not be able forthwith to pay the Sum forfeited, every such Offender shall, by Warrant under the Hand an Seal of some Justice of the Peace, within whose Jurisdiction the Person offending shall be convicted, be committed to the House of Correction, or some other Prison within the Cities of London or Westminster, or Liberties thereof, or within the Bills of Mortality, within which the Offence shall have been committed, or the Offender shall be apprehended, there to be kept to hard Labour for any Time not exceeding one Month.

II. [Persons not being Drivers of Cattle, who shall pelt them with Stones, &c. without Leave, may be taken before a Justice, &c.] And be it further enacted, That if any Person or Persons, not being hired or employed to drive Cattle within the said Cities of London or Westminster, or Liberties thereof, or the Bills of Mortality, shall pelt with Stones, Brickbats, or by any other Means drive or hunt away, or shall set any Dog or Dogs at any Ox, Heifer, Cow, Steer, or other Cattle, without the Consent of the Owner of the same, or his Servant; then and in any of the said Cases, and so often as any of them shall happen, it shall and may be lawful to or for any Constable, or other peace Officer, upon View thereof, or Information of any Persons or Persons who shall declare his, her, or their Name of Names, and Place or Places of Abode, to the said Constable of other Peace Officer, to seize and secure, by the Authority of this Act, and, without any other Warrant, to convey such Offender or Offenders before some Justice of the Peace of the said Cities of London or Westminster, or within the Bills of Mortality; and the Party or Parties accused being brought before such Justice, within whose Jurisdiction the Offence shall be committed, such Justice shall proceed to examine, upon Oath, any Witness or Witnesses who shall appear or be produced to give Information touching such Offence (which Oath the said Justice is hereby authorised and required to administer; and if the Party or Parties accused shall be convicted of any such Offence, either by his, her, or their own Confession, or upon such Information as aforesaid, he she, or they, so convicted, shall forfeit and pay any Sum not exceeding twenty Shillings, nor less than five Shillings, to the Person or Persons who shall prosecute to Conviction any such Offender or Offenders; and if the Person or Persons so convicted shall refuse, or not be able forthwith to pay the Sum forfeited, every such Offender shall, by Warrant under the hand and Seal of some Justice of the Peace, within whose Jurisdiction the Person offending shall be convicted, be committed to the House of Correction or some other Prison within the Cities of London or Westminster, or Liberties thereof, or within the Bills of Morality, within which the Offence shall have been committed, or the Offender shall be apprehended, there to be kept to hard Labour for any Time not exceeding one Calendar Month.

III. [Offender to pay the Forfeit, though the Informer should neglect to attend.]

IV. [Court of Alderman empowered to make Orders,& c.]

V. [Time for keeping Smithfield Markets open, not be be shortened.]

VI. [Any Justice within the Bills of Mortality may determine Complaints, &c.]

VII. [Offender, who refuse to discover their Names, &c.]

VIII. [Abstract of the Penalties contained in this Act, and of all Rules, &c. to be printed, &c.]

IX. [Warrants may be executed on Offenders, or their goods, out of the Jurisdiction wherein they were granted.]

X. [Prosecution within 14 days, &c.]

XI. [Appeal.]

XII. [Proceeding not to be quashed &c.]

XIII. [Convictions.]

X. [Limitations of Action.][General Issue.] [Treble Costs.]

XV. [Publick Act.]