to sanction the execution by landowners of works for the drainage and improvement of their land, where such owners were prevented from doing so by reason of the objection or disability of any person whose land would be entered upon, cut through, or interfered with by or for the purpose of such works.

Section 9 provides for the sending by every drainage authority of an annual report on its proceedings to the Board of Agriculture and Fisheries, and to the council of any administrative county, or county borough, in which any part of its drainage area is situate.

Section 10 enables the councils of any two or more counties, or county boroughs, to combine for the joint exercise of any powers conferred on them by or under this Act, and for that purpose to appoint a joint committee.

Section 15 provides that, for the purpose of enforcing, in relation to agricultural land, any liability to repair, which is enforceable under section 15 of the Sewers Act, 1833, to which I have already referred, any officer appointed by the Board of Agriculture and Fisheries may exercise, on behalf of the Board, the powers conferred by that section on an officer appointed by a Court of Sewers. The section goes on to provide that where, in the opinion of the Board, any agricultural land is injured, or likely to be injured, by flooding or inadequate drainage, which might be remedied, wholly or partially, by the exercise of drainage powers, which are conferred by any general or local Act or an order having the force of an Act of Parliament, or by any award made under any Act, or by any Commission of Sewers, and which are not being exercised, or, in the opinion of the Board, are being insufficiently exercised, the Board may exercise any such power, and also any power conferred by any such Act, order, award, or commission for defraying the expenses so incurred, or for any purpose incidental to the exercise of any such power; but this provision is not to apply to powers conferred upon any railway company, or navigation authority, for the purposes of their undertaking.

Section 16 authorises the Board of Agriculture and

Fisheries themselves to carry out a scheme of drainage works, in certain cases, where only a small area of land is concerned, and, for this purpose, to exercise the powers of a Drainage Board. The powers of the Board under sections 15 and 16 may, by virtue of section 17, with respect to any area consisting of one or more counties or county boroughs, be delegated by the Board to any body of persons constituted in manner prescribed by regulations of the Board, subject to such appeal to the Board as may be prescribed. At least a majority of the members of the body so constituted must consist, in such proportion as the Board may fix, of members of the councils of the counties and county boroughs comprised in the area for which the body is constituted.

Special Acts.-Apart from the Commissions of Sewers and Drainage Boards established and regulated under the general Acts of Parliament, with which we have been dealing, there are a large number of such bodies that have been established, or reconstituted, or have obtained special powers, under Private Acts of Parliament. It would be impossible here to go at length into the multifarious provisions which may be found in Private Acts of this kind, but it is worth mentioning that in many cases, and particularly where drainage areas in the fen districts of Lincolnshire and Norfolk are concerned, provision has been made for assessing rates in proportion to the acreage of lands, instead of in proportion to their annual value, which is the ordinary basis under the general Acts.

Large Areas.-It may also be well to mention that, in the last few years, a tendency has become apparent to bring land drainage powers into the hands of authorities with jurisdiction over very large areas. In 1920 a Provisional Order, under the Land Drainage Acts 1861 and 1918, was confirmed by Parliament, under which a Drainage Board was created for the drainage area of the River Ouse, which flows through various counties into the Wash, and provision was made for transferring to this single authority the undertakings and powers of various drainage authorities dealing with the main channel and outfall of the river, and also transferring to it the powers of many other Com

missions of Sewers, and Drainage Boards, so far as they were concerned with the principal drainage channels and tributary streams leading into the river. In 1921 an Act was passed to constitute the Lancashire County Council a drainage authority for the Administrative County of Lancashire, with the object of enabling the County Council to supervise and regulate the land drainage arrangements, and carry out drainage works, for the whole county, according to a co-ordinated system. In 1923 a somewhat similar Act was passed for enabling the County Council of the West Riding of Yorkshire to deal comprehensively with the land drainage of the whole of the West Riding, so far as it was not sufficiently provided for by other authorities, or in other ways.

CHAPTER XIII.

MARKETS AND FAIRS.

Character of Market and Fair Franchises.-Markets and Fairs are undertakings which have existed since very early times. A market has been described as "the franchise right of having a concourse of buyers and sellers to dispose of commodities in respect of which the franchise is given.” The owner of the franchise has something in the nature of a monopoly, for he may prevent the disturbance of his market by the establishment of a rival market within what is known as "the common law distance," that is to say, 7 miles from his market area. The right to the franchise may arise either by grant from the Crown, or by long user, from which such a grant is presumed, or by Act of Parliament.

It is an essential condition of holding a market, that it should be open for all persons to frequent for the purpose of buying and selling. A power to levy tolls on goods sold at the market, or on goods brought to the market for sale, or exposed there for sale, is usually, though not always, granted. Unless he has such a grant of toll, the owner of the franchise is bound to admit the public to the market free of charge.

A right of fair is similar in character to a right of market, but a fair is usually held only once, or upon only a few occasions, in the course of a year, whereas a market is usually held on one or more days in every week, or at other short intervals. A market is generally given up to the business of buying and selling, whereas amusements have a recognised place in a fair.

Source of Powers.-The franchise for holding a market or fair was, in ancient times, usually granted either to the

lord of the manor, or to the corporation of the town, in which it was to be held; and the procedure was usually by grant from the Crown under charter or letters patent. In modern times an Act of Parliament has been the more usual source of market powers, and they have been granted to local authorities, companies, or lords of the manor, or other individuals. Under the Public Health Act, 1875, general powers are conferred upon municipal corporations and urban district councils to enable them to establish markets.

An Act of Parliament can operate so as to override any existing right, but a grant from the Crown will not be valid if it infringes existing market rights, for the common law does not recognize any right in the Crown to derogate from its own previous grant. An Act of Parliament, also, gives legal force to whatever tolls it authorises, while a grant from the Crown can only authorise such tolls as are reasonable.

An Act of Parliament for establishing or regulating a market usually incorporates the Markets and Fairs Clauses Act, 1847, in whole or part. With some of the provisions of that Act we shall have to deal later. Its main sections are grouped under the following headings:

With respect to the construction of the market or fair, and the works connected therewith.—Sections 6 to II.

With respect to the holding of the market or fair, and the protection thereof.-Sections 12 to 16.

With respect to slaughterhouses.-Sections 17 to 20.
With respect to weighing goods and carts.-Sections 21 to 30.
With respect to the stallages, rents and tolls, to be taken by
the undertakers.-Sections 31 to 41.

With respect to the by-laws to be made by the undertakers.—
Sections 42 to 49.

With respect to the receipts and expenditure of the undertakers.-Section 50.

With respect to the tender of amends.-Section 51. With respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matters referred to justices.-Sections 52 to 57. With respect to access to the special Act.-Sections 58 and 59.