SELLING HORSES WITHIN LIMITS OF MARKET. 525 



growing in open fields every year, and consigned the produce for table 

 consumption to London salesmen, to whom he allowed such commission 

 as was usually allowed by market gardeners ; and it was held that he 

 was not a market gardener within the 5 & 6 Vict., c. 122, s. 10. And 

 see 12 & 13 Vict., c. 106, s. 144, as to oion-liahiUfy of Imnkrupt for rent 

 accruing after issuing of fiat or filing of petition of adjudication of 

 bankruptcy against him. 



Owner of marlcet liable for nuisance from the droppings. — The owner 

 of a market allowed sheep to be penned there, and he found the 

 hurdles for the pens, and derived a profit in addition from the toll on 

 the sheep, whose droppings created a nuisance on the part where they 

 were penned. It was held by the Court of Common Pleas that the 

 appellant, the owner of the market, was liable to an order for the re- 

 moval of the nuisance under section 12 of the Nuisances Eemoval Act 

 (18 & 19 Vict. s. 121), as being the person within the meaning of that 

 section, " by whose act, default, permission, or sufferance " the nuisance 

 arose. 



Cattle fair ?iot to he held on piece of ground put hy for recreation by 

 Gorporaiion. — Where by an Act of Parliament a corporation were 

 directed to cause a piece of land to be drained and levelled, and kept 

 in proper condition for purposes of public recreation, the Court re- 

 strained the corporation by injunction from permitting a cattle fair 

 to be held on such piece of ground. {Attorney General v. Corporation 

 of So uthampton. ) 



Selling horse tvithin limits of marlcet.— ^j a local act for establish- 

 ing a market, power was given to the proprietors of the market to take 

 tolls on horses brought into the market place ; and by one of its 

 clauses it was enacted that every person who should sell at any place 

 within the hmits of the act (other than in the market-place, or in his 

 own dwelling-house, or in any shop attached to or being part of any 

 dwelling-house) any article in respect of which tolls were by the act 

 authorised to be taken, other than eggs, butter, and fruits, should for- 

 feit a sum not exceeding 40s., provided that nothing therein should 

 restrain any person from crying or selling from door to door within the 

 limits of the act any such article as aforesaid, provided such person 

 should have first paid for such articles the regular market tolls, and 

 provided such articles should first have been brought into the market 

 for inspection there. It was held that a horse was an article within 

 the meaning of such clause, and that a sale of horses within the limits 

 of the act by a licensed auctioneer in a yard which formed part of the 

 dwelling-house and premises of a third person subjected the auctioneer 

 to a penalty of 40^., the place of sale not being within the exception 



