The provisions of the Public Health Act, 1875, in relation to markets are to the following effect.

Section 166 empowers a corporation, with the consent of two-thirds of the town council, or an urban district council, with the consent of two-thirds of the council, to do the following things, or any of them, within its borough or district:

(1) To provide a market-place, and construct a market-house,
and other conveniences, for the purpose of holding
markets;

(2) To provide houses and places for weighing carts;
(3) To make convenient approaches to such market;
(4) To provide all such matters and things as may be neces-
sary for the convenient use of such market;

(5) To purchase or take on lease land, and public or private
rights in markets and tolls, for any of the foregoing
purposes;

(6) To take stallages, rents, and tolls, in respect of the use by any person of such market.

But no market may be established in pursuance of the section so as to interfere with any rights, powers or privileges enjoyed, within the borough or district, by any person, without his consent.

Section 167 provides that, for the purpose of enabling any urban authority (that is to say a corporation or urban district council) to establish or regulate markets, the following provisions of the Markets and Fairs Clauses Act, 1847, so far as they relate to markets, shall be incorporated, that is to say, the provisions:

With respect to the holding of the market or fair, and the protection thereof;

With respect to weighing goods and carts; and

With respect to the stallages, rents, and tolls;"

but all tolls leviable by the authority in pursuance of the section are to be approved by the Minister of Health. The section further provides that an urban authority may, with respect to any market belonging to them, make bylaws for any of the purposes mentioned in section 42 of the Markets and Fairs Clauses Act, 1847, so far as those purposes

relate to markets, and printed copies of any by-laws so made are to be conspicuously exhibited in the market.

Section 168 provides that any urban authority may purchase, and the directors of any market company, in pursuance, in the case of a company registered under the Companies Act, 1862 (now the Companies [Consolidation] Act, 1908), of a special resolution of the members passed in manner provided by that Act, and, in the case of any other company, of a resolution passed by a majority of threefourths in number and value of the members present, either personally or by proxy, at a meeting specially convened with notice of the business to be transacted, may sell and transfer to any urban authority, on such terms as may be agreed on between the company and the urban authority all the rights, powers, and privileges, and all or any of the markets, premises, and things, which at the time of such purchase are the property of the company, but subject to all liabilities attached to the same at the time of such purchase.

When a market is established under Act of Parliament, or where an Act makes provision for the regulation of a market originally established by charter of the Crown, it is not always clear whether the Act provides the whole code of law for the market, or whether it ought to be construed as contemplating that the legal incidents of a common law market shall attach to the statutory market, so far as they are not excluded by, or inconsistent with, the Act of Parliament. To settle a point of this kind the precise wording of the particular Act must be considered.

Rights and Duties of Market Owner. Although every member of the public has the right to frequent a market, and to bring goods there, and expose them for sale, no exclusive occupation of any particular part of the market area can be claimed, without the consent of the owner of the soil. It is customary for the owner to make a charge, commonly described as stallage, in respect of any such occupation, and, where there is no fixed or customary stallage, the owner may demand a reasonable sum.

The owner of a market franchise is under a duty to the

public to provide sufficient accommodation for them in the market. The place in which he is entitled to carry on the market may be a definite and limited space, described by metes and bounds, or it may be any place he chooses to adopt within a certain area, such as the area of a given town. In the latter case, he is entitled to remove the market from time to time, so long as the removal is to a place situate within the authorised area, and being not less convenient for the public than the previous market-place. He must give reasonable public notice of the removal. After a removal has been lawfully carried out, the old market-place ceases to be subject to the public right of resort for market purposes. The land on which the market is held need not necessarily belong to the owner of the market, so long as he has acquired a right or licence to use the land for the purpose of holding it. Markets often have been, and many still are held on the public streets, and long usage may justify an inference that the highway has been dedicated to the public subject to the right of holding a market or fair. The grant of a market or fair usually prescribes and limits the days on which it may be held.

Tolls and Charges.—If a market or fair franchise has been originally granted without the grant of a right to levy toll, the market is said to be toll-free, and the Crown is not entitled subsequently to make a grant of toll with respect to that market or fair, without some corresponding benefit to the public. A grant of toll often limits the amounts which may be charged, but, if no amount is specified, a right to charge reasonable tolls will be implied. Even if specified, the tolls granted by charter from the Crown must be reasonable, and an unreasonable toll will not be recoverable.

Among other old forms of charge, which have been customary in connection with markets, besides tolls and stallage, have been piccage and pennage. These are dues which, like stallage, are payable to the owner of the soil for its use. Piccage is charged for areas used by means of erections which involve the breaking up of the surface of the ground; pennage is charged for the erection of pens; and stallage is charged for the placing on the ground of stalls

toll,"

or standing places for cattle or goods. The word " strictly speaking, means a sum levied by the owner of the market franchise in respect of sales made in the market. It is, however, often used as a general expression to cover all sorts of charges levied in relation to a market.

Exemptions from Toll.-In old market charters, or in separate charters of exemption, favoured parties were often granted the right of exemption from market tolls. Such grants were recognised by the common law as valid, if and so far as they did not operate to derogate from earlier grants of toll. Certain general exemptions were also recognised by the law, as, for example, an exemption in favour of the King's goods in all markets. Exemption could also be claimed under express grant from the owner of the market franchise, or by prescription. Rights to exemption from toll may be abolished expressly or by inference under an Act of Parliament dealing with a market.

Disturbance of Market or Fair.-For disturbance of his market or fair the owner of the franchise may bring an action, and claim either damages, or an injunction, or both. I have already referred to the fact that such disturbance may arise by the setting up of a rival market within the common law distance of 7 miles. It may also arise by the doing of any other wrongful act which prevents the owner of the market or fair from enjoying the benefit of his franchise. Want of room in a market for the selling of goods will not justify the setting up of a rival market, although it may justify the selling of marketable goods immediately outside the area of the market. If not excused in this way, the taking advantage of the concourse of people at a market, in order to sell goods outside the market, and thus escape toll, is a disturbance of the market franchise. It is also a disturbance of the franchise to wrongfully prevent or hinder the bringing of goods to a market, or to sell goods by sample in a market in such a way as to avoid bringing the goods into the market, and thereby escape a charge for tolls payable by the seller.

Regulations and By-laws.-The owner of a market or fair franchise, under the common law, may make regula

tions for the proper conduct of the market, but has no power to make by-laws enforceable by fine or imprisonment. A municipal corporation, however, if it owns such a franchise, may make by-laws under the general power, conferred by the Municipal Corporations Act, 1882, for the good rule and government of the borough. A power of making by-laws is also contained in section 42 of the Markets and Fairs Clauses Act, 1847 (to which I shall refer again later), and thus becomes applicable to any market carried on under the powers of an Act of Parliament incorporating that section.

Forfeiture of Franchise.-The neglect or failure to carry on a market or fair under a common law franchise, or the abuse of the franchise, affords ground for the Crown to take proceedings for the forfeiture of the franchise into the hands of the Crown. A statutory market can only be abolished by, or in pursuance of, the provisions of an Act of Parliament. Such an Act may also put an end, either expressly or by implication, to a common law franchise. By the Fairs Act, 1871, the Home Secretary is empowered to abolish a fair, with the previous consent of the owner of the fair, or of the tolls or dues payable in respect thereof, if a representation for the purpose is made to him, by the magistrates of the petty sessional district within which the fair is held, or by the owner of the fair, that its abolition would be for the convenience and advantage of the public; certain public notices have to be given of the representation, before it is considered.

Markets and Fairs Clauses Act, 1847.-As regards markets carried on under Acts of Parliament, I have already referred to the Markets and Fairs Clauses Act, 1847, which is usually incorporated, wholly or partly, in such Acts, and I have indicated the headings under which its provisions are arranged. A few of the sections it contains must be referred to more in detail.

NOTICE OF OPENING.-Section 12 provides that, before the market or fair is opened for public use, the undertakers shall give not less than 10 days' notice of the time when the same will be opened, and such notice shall be given by