CHAPTER III. 



FAIRS AND MARKETS OVERT ; HORSE STEALING AND THE 

 RECOVERY OF STOLEN HORSES. 



Pairs and Markets Overt. 



The general rule of law is, that all sales and contracts of Sales at fairs 

 anything vendible in fairs or markets overt (that is, open), and markets 

 shall not only be good between the parties, but also be °™'^*' 

 binding on all those that have any right of property therein. 

 And for this purpose, the Mirror informs us, were tolls 

 established in markets, viz. to testify the making of con- 

 tracts, for every private contract was discountenanced by 

 law ; insomuch that our Saxon ancestors prohibited the 

 sale of anything above the value of twenty pence unless 

 in open market, and directed every hargain and sale to be 

 contracted in the presence of credible witnesses (a). 



The general rule of the law of England is, that a man The general 

 who has no authority to sell cannot, by making a sale, ™leoflaw. 

 transfer the property to another. And the only exception 

 to this rule is the case of sales in market overt {h), when 

 the purchaser's title is good against all the world (c). 



This exception, however, only applies to bond fide sales 

 commenced and perfected in market overt ; that is, where 

 the goods sold are actually in the market, and where both 

 the sale and delivery of them take place therein {d). 



Market overt in the country is only held on the special When market 

 days provided for particular towns by charter or prescription, °^^^ '^ 'i^l'*' 

 but in London every day, except Sunday, is market day («). 



The market place, or spot of ground set apart by custom, Where market 

 or established under powers conferred by a modern Act of °^^rt is held. 

 parliament (e), for the sale of particular goods, is also in 

 the country the only market overt, but in the city 



(a) 2 Bla. Com. 449. [d) Crane v. London Dock Co., 33 



(b) See per Abbott, C. J"., Dyer v. L. J., Q. B. 224 ; 10 L. T., N". S. 

 Fearson, 3 B. & C. 42. 372 ; 12 W. E. 745. 



[e) Gundy v. Lindsay, 3 App. (e) Ganly v. Ledwidge, 10 Ir. E., 



Cas. 459 ; 47 L. J., a B. 481 ; 38 C. L. 33, Q. B. 

 L. T., N. S. 673. 



O. E 



