FAIRS AND MARKETS OVERT. 57 



overt, thougli the premises are described in evidence as a 

 warehouse, and are not sufficiently open to the street for 

 a person on the outside to see what passes within {i). 



By the Markets and Fairs Clauses Act (10 & 11 Yict. Horse "an 

 c. 14), s. 13, every person, other than a licensed hawker, '^^^j'^^*^^' ??^^" 

 is prohibited from selling or exposing for sale within the vict. c. H. 

 prescribed limits, except in his own dwelling-place or shop, 

 an// articles in respect of which tolls are by the special act 

 authorized to be taken in the Market. 



The object of the act was evidently to protect the interests 

 of the Market ; to restrain anyone from setting up within the 

 limits a rival market; and the substantial meaning of sect. 13 

 is, that whenever it appears that the seller sells in a shop 

 which is private and permanent he is to be within the 

 exception, but whenever a man does not sell in his private 

 shop, but sets up a private market of his own, the section 

 imposes a penalty ; and whether or not the place of sale is 

 the seller's own private dwelling-place or shop is a question 

 which must be decided upon a consideration of all the 

 elements of the case (y). The section includes Horses 

 under the word article, when sold by a licensed Auctioneer 

 by auction in the yard belonging to a dwelling-house not 

 his own, and within the prescribed limits {k). But where 

 a special act enlarged the exception to a sale in an// shop 

 attached to ai/// dwelling-house, and an Auctioneer sold 

 goods in his auction room, which was attached to a dwell- 

 ing-house, but not his own dwelling-house, it was held 

 that this came within the exception (/). A skittle-ground 

 covered with a roof and enclosed, but having a door open- 

 ing upon the street, let for two days, for the sale of goods 

 mentioned in a special act, is not the lessee's shop, and 

 therefore does not come within the exception (;;?). But 

 seciis, where a shed is built out in front of the seller's shop 

 on land belonging to himself (»). 



Where an Auctioneer sold sheep, cattle and Horses at Fearon v. 

 a building called the "Agricultural Hall," of which he Mitchell 



field was held not to be a market S. 1344; 30 L. J., M. C. 105; 8 



overt for clothes, nor Cheapside for W. R. 693. 



horses, nor Aldridg-e's for carriages; (/) Wiltshire \. TFiUctt, II C.B., 



see Benj. on Sales, 2nd ed. 7. N. S. 240 ; 31 L. J., M. C. 8 ; 10 



(i) Zi/ons V. De Fass, 11 A. & E. W. R. 445 ; 5 L. T., N. S. 355. 



326. {ill) Hooper v. Kenshole, L. R., 2 



[j) Pope V. Whalleu, 6 B. & S. Q. B. D. 127; 46 L. J., M. C. 160; 



303; llJur.,N. S. 444; 34 L. J., 36 L. T., N. S. 111. 



M. C. 76 ; 11 L. T., N. S. 769. («) AshicortliY. Hey worth, L. R., 



[k) Llandaff and Canton Districts 4 Q. B. 316 ; 38 L. J., M. C. 91 ; 



Market Co. v. Lyndon, 6 Jui-., N. 20 L. T., N. S. 439. 



