50 



FAIES AND MARKETS OVERT, ETC. 



What held to 

 be market 

 overt without 

 the city of 

 London. 



Horse ' ' an 

 article" with- 

 in 10 & 11 

 Vict. u. 14. 



Dwelling-place 

 or shop. 



of London by the custom of London every shop {except 

 pawnbrokers) in which goods are exposed pubHcly for sale 

 is market overt, but for such things only as the owner 

 professes to trade in (/). So that Smithfield is not a 

 market overt for clothes, nor Cheapside for horses {ff). 



Without the city of London, market overt is an open, 

 public, and legally constituted market {g). Therefore a 

 mere repository for horses is not market overt {h). 



By the Markets and Fairs Clauses Act (10 & 11 Vict, 

 c. 14), s. 13, every person, other than a licensed hawker, 

 is prohibited from selling or exposing for sale within the 

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

 any articles in respect of which tolls are by the special Act 

 authorised 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 

 section 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 (»'). The section includes horses 

 under the word article, when sold by a licensed auctioneer 

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

 his own, and within the prescribed limits (/). 



Where an auctioneer sold sheep, cattle and horses at a 

 building called the "Agricultural Hall," of which he was 

 proprietor, and which was capable of holding one hundred 

 head of cattle, and which was, moreover, contiguous to a 

 yard capable of holding 1,400 sheep, it was held, that 

 these premises were not the auctioneer's dwelling-place or 

 shop, notwithstanding that his dwelling-house was only 



(/) 2 Bla. Cora. 449. 



(ff) Moore, 360. 



Iff) See Com. Dig. Market ; per 

 Jervis, C. J., Lee t. Bayes, 18 C. B. 

 601. 



(A) Lee y. Baycs, 18 C. B. 601. 



(i) Fope V. Whalky, 6 B. & S. 

 303 ; 11 Jur., N. S. 444 ; 34 L. J., 

 M. C. 76; 11 L. T., N. S. 769. 



[j) Llandaff ana Canton Districts 

 Market Co. v. Lyndon, 6 Jur., N. S. 



1344 ; 30 L. J., M. C. 105 ; 8 W. R. 

 693. See also Wiltshire v. Willett, 

 11 C. B., N. S. 240; 31 L. J., 

 M. C. 8; 10 W, R. 445; 5 L. T., 

 N. S. 355 ; Hooper v. Kenshole, 

 L. R., 2 Q. B. D. 127; 46 L. J., 

 M. C. 160; 36 L. T., N. S. Ill; 

 Ashuwrth v. Heyworth, L. E. 4 

 Q. B. 316; 38 L. J., M. C. 91; 20 

 L. T., N. S. 439. 



