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CA P. XIV.

An Act for consolidating in One Act certain Provisions usually contained in Acts for constructing or regulating Markets and Fairs. [23d April 1847.] WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parlia'ment authorizing the Construction or Regulation of Markets and Fairs, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions themselves:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the Extent of Act. same, That this Act shall extend only to such Markets or Fairs as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.

Interpretations in this Act:

"special Act:'

"prescribed:"

"the Lands:"

"the Undertaking:"

"Undertakers."

Interpretations in this and the special Act:

And with respect to the Construction of this Act, and any Act incorporated therewith, be it enacted as follows:

II. The Expression "the special Act" used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the Construction or Regulation of a Market or Fair, and with which this Act shall be incorporated; and the Word "prescribed" used in this Act in reference to any Matter herein stated shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word occurs shall be construed as if instead of the Word "prescribed" the Expression "prescribed for that Purpose in the special Act" had been used; and the Expression "the Lands" shall mean the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression "the Undertaking" shall mean the Market or Fair, and the Works connected therewith, by the special Act authorized to be constructed or regulated; and the Expression "the Undertakers" shall mean the Persons authorized by the special Act to construct or regulate the Market or Fair.

III. The following Words and Expressions in both this and the special Act, and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)

Words

Words importing the Singular Number shall include the Number: Plural Number, and Words importing the Plural Number shall include also the Singular Number:

Words importing the Masculine Gender shall include Gender: Females:

The Word" Person" shall include a Corporation, whether "Person:" aggregate or sole:

The Word "Lands" shall include Messuages, Lands, Tene- "Lands:" ments, and Hereditaments or Heritages of any Tenure:

The Word "Lease" shall include a Missive of and an "Lease:" Agreement for a Lease:

The Expression "the Market or Fair" shall mean the "the Market Market or Fair, and the Works connected therewith, by or Fair:" the special Act authorized to be constructed or regulated:

The Word "Cart" shall include Waggon, and also any "Cart:" Carriage used wholly or chiefly for the Conveyance of

Goods:

The Word "Driver" shall include the Carter or other "Driver:" Person having the Care of any Cart:

The Word "Cattle" shall include Horse, Ass, Mule, Ram, "Cattle:" Ewe, Wether, Lamb, Goat, Kid, or Swine:

The Expression "the Collector shall mean the Person ap- "Collector :" pointed by the Undertakers to collect the Stallages, Rents,

or Tolls authorized by the special Act, shall include the Assistants of the Collector:

"Month:"

The Word "Month" shall mean Calendar Month:
The Expression "Superior Courts," when the Matter sub- "Superior
mitted to the Cognizance of the Court arises in England Courts:"
or Ireland, shall mean Her Majesty's Superior Courts of
Record at Westminster or Dublin, as the Case may require,
and shall include the Court of Common Pleas of the County
Palatine of Lancaster, and the Court of Pleas of the County
of Durham; and when such Matter arises in Scotland it
shall mean the Court of Session:

The Word "Oath" shall include Affirmation in the Case of "Oath:"
Quakers, and any Declaration lawfully substituted for an
Oath in the Case of any other Persons allowed by Law to
make a Declaration instead of taking an Oath:

The Word "County" shall include Riding or other Division "County:"
of a County having a separate Commission of the Peace;
and in Scotland, Stewartry, and any Ward or other Divi-
sion of a County or Stewartry, having a separate Sheriff,
and it shall also include County of a City or County of a
Town:

The Word "Justice" shall mean Justice of the Peace acting "Justice :" for the Place where the Matter requiring the Cognizance of any such Justice arises; and if such Matter arise in respect of Lands situated not wholly in any one Jurisdiction shall mean a Justice acting for the Place where any Part of such Lands shall be situated; and where any Matter is authorized or required to be done by Two Justices, [No. 11. Price 2d.] the

L

"Two Jus

tices :"

"Sheriff:"

"Quarter Ses. sions."

Citing the Act.

Short Title of this Act.

Form in which

Act may be incorporated

in other Acts.

the Expression" Two Justices" shall be understood to mean Two or more Justices assembled and acting together: The Word "Sheriff" shall mean the Sheriff Depute of the County or Ward of a County in Scotland and the Steward Depute of the Stewartry in Scotland in which the Matter submitted to the Cognizance of the Sheriff arises, and shall include the Substitutes of such Sheriff Depute and Steward Depute respectively: The Expression "Quarter Sessions" shall mean Quarter Sessions as defined in the special Act; and if such Expression be not there defined it shall mean the General or Quarter Sessions of the Peace which shall be held at the Place nearest to the Market or Fair, or the principal Office thereof, for the County or Place in which the Market or Fair is situate, or for some Division of such County having a separate Commission of the Peace.

And with respect to citing this Act, or any Part thereof, be it enacted as follows:

IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression "The Markets and Fairs Clauses Act, 1847."

V. For the Purpose of incorporating Part only of this Act Portions of this with any Act hereafter to be passed it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act, with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.

Markets or

the Lands

Clauses Consolidation Acts, 1845.

Construction of And with respect to the Construction of the Market or Fair, Market or Fair. and the Works connected therewith, be it enacted as follows: Construction of VI. Where by the special Act the Undertakers shall be emFairs to be sub-powered, for the Purpose of constructing the Market or Fair, ject to the Pro- to take or use any Lands otherwise than with the Consent of visions of this the Owners and Occupiers thereof, they shall, in exercising the Act and One of Power so given to them, be subject to the Provisions and Restrictions contained in this Act and in the Lands Clauses Consolidation Act, 1845, when the special Act relates to England or Ireland, and to the Provisions and Restrictions contained in this Act and the Lands Clauses Consolidation (Scotland) Act, 1845, when the special Act relates to Scotland; and the Undertakers shall make to the Owners and Occupiers of and all other Parties interested in any Lands taken or used for the Purposes of the special Act, or injuriously affected by the Construction of the Works thereby authorized, full Compensation for the Value of the Lands so taken or used, and for all Damage sustained by such Owners,

Market or Fair.

Owners, Occupiers, and other Persons by reason of the Exercise Construction of as to such Lands, of the Powers vested in the Undertakers by this or the special Act, or any Act incorporated therewith; and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be determined in the Manner provided by the said Lands Clauses Consolidation Acts respectively for determining Questions of Compensation with regard to Lands purchased or taken under the Provisions thereof; and all the Provisions of the said last-mentioned Acts respectively shall be applicable to determine the Amount of any such Compensation, and to enforce Payment or other Satisfaction thereof.

Schedules

Justices, &c.,

VII. If any Omission, Mis-statement, or wrong Description Errors and shall have been made of any Lands, or of the Owners, Lessees, Omissions in or Occupiers of any Lands, described or purporting to be special Act, or described in the special Act, or in the Schedule thereto, the thereto, may be Undertakers, after giving Ten Days Notice to the Owners, corrected by Lessees, and Occupiers of the Lands affected by such proposed who shall certify Correction, may apply in England or Ireland to Two Justices, the same. and in Scotland to the Sheriff, for the Correction thereof; and if it appear to such Justices or Sheriff that such Omission, Misstatement, or wrong Description arose from Mistake, they or he shall certify the same accordingly, and shall in such Certificate state the Particulars of any such Omission, Mis-statement, or wrong Description; and such Certificate shall be deposited in Certificate to England or Ireland with the Clerk of the Peace, and in Scot- be deposited. land with the Sheriff Clerk of the County in which the Lands affected thereby shall be situated, or, where any such Lands are situated in a Royal Burgh in Scotland, with the Town Clerk of such Burgh; and such Certificate shall be kept by such Clerk of the Peace, Sheriff Clerk, or Town Clerk with the other Documents to which they relate, and thereupon the special Act or Schedule shall be deemed to be corrected according to such Certificate; and the Undertakers may make the Works in accordance with such Certificate as if such Omission, Mis-statement, or wrong Description had not been made.

be Evidence.

VIII. Copies of any such Alteration or Correction thereof, Copies of Alor Extracts therefrom, certified by any such Clerk of the Peace, terations, &c. to Sheriff Clerk, or Town Clerk in whose Custody the same may be, which Certificate such Clerk shall give to all Parties interested when required, shall be received in all Courts of Justice and elsewhere as Evidence of the Contents thereof.

IX. The Undertakers, in addition to the Lands authorized to be taken compulsorily, or to be appropriated by them for the Purposes of the Market or Fair, under the Powers of this and the special Act, may appropriate any Lands vested in them, or may contract with any Person willing to sell the same for the Purchase of any Land within the Limits of the special Act, not exceeding in the whole the prescribed Number of Acres for extraordinary Purposes; (that is to say,)

For providing Slaughter-houses, (if the Undertakers shall be authorized by the special Act to provide Slaughter-houses,) and Houses and Places for weighing Carts:

Additional Lands may be ordinary Purposes.

taken for extra

Construction of

Markets or Fairs.

Undertakers, subject to Provisions of this

Act, may execute the Works herein named.

For making convenient Roads and Approaches to the Market or Fair:

For any other Purpose which may be necessary for the Formation or convenient Use of the Market or Fair.

X. Subject to the Provisions in this and the special Act and any Act incorporated therewith, the Undertakers for the Purand the special pose of constructing a Place for holding the Market or Fair may execute any of the following Works; (that is to say,) They may enter upon any Lands described in the special Act, or the Schedule thereto, and other Lands purchased by them or belonging to them, and set out such Parts as they think necessary for the Purposes of the Market or Fair, and thereupon from Time to Time build and maintain such Market Places or Places for Fairs, and such Stalls, Sheds, Pens, and other Buildings or Conveniences for the Use of the Persons frequenting the Market or Fair, and for weighing and measuring Goods sold in the Market or Fair, and for weighing Carts, as they may think necessary: They may from Time to Time on such Lands as aforesaid make and maintain all such Roads and Approaches as they may think necessary for the convenient Use of the Persons resorting to the Market or Fair.

Undertakers to make Satisfaction for Damage done.

Holding of Market, &c.

Before the

XI. Provided always, That in the Exercise of the Powers by this or the special Act granted the Undertakers shall do as little Damage as can be, and shall make full Satisfaction, in manner herein and by the special Act and any Act incorporated therewith provided, to all Parties interested, for all Damages sustained by them by reason of the Exercise of such Powers.

And with respect to the holding of the Market or Fair, and the Protection thereof, be it enacted as follows:

XII. Before the Market or Fair shall be opened for public Market or Fair Use the Undertakers shall give not less than Ten Days Notice of the Time when the same will be opened, and such Notice shall be given by the Publication thereof in some Newspaper circulating within the Limits of the special Act, and by printed Handbills posted on some conspicuous Place within those Limits.

shall be opened Notice to be given by Undertakers.

Sales elsewhere than in Markets prohibited under a Penalty not exceeding

40s.

Market Days.

Penaty for selling or ex

posing for Sale

XIII. After the Market Place is opened for public Use every Person other than a licensed Hawker who shall sell or expose for Sale in any Place within the prescribed Limits, except in his own Dwelling Place or Shop, any Articles in respect of which Tolls are by the special Act authorized to be taken in the Market, shall for every such Offence be liable to a Penalty not exceeding Forty Shillings.

XIV. After the Market Place or Place for Fairs is opened for public Use the Undertakers shall hold Markets and Fairs therein on the prescribed Days (if any), and on such other Days as the Undertakers shall appoint from Time to Time by any Bye Law to be made in pursuance of this or the special Act.

XV. Every Person who shall sell or expose for Sale any unwholesome Meat or Provisions in the Market or Fair shall be

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