374 
M A R K E T. 
ilfually trading for lierfelf; if the file be not originally 
and wholly made in the fair or market, or not at the ufual 
hours ; the owner’s property is not bound thereby. 2 Injl. 
713,4.. 5 Ref>. 83. If a man buys his own goods in a fair 
or market, the contract of fale fhall not bi-nd him fo that 
he fhall render the price •, unlefs the property had been 
previoufly altered by a former fale. Perk. § 93. And, not- 
withftanding any number of intervening fales, if the ori¬ 
ginal vendor, who fold without having the property, 
comes again into pofleflion of the goods, the original 
owner may take them, when found in his hands who was 
guilty of the firft breach of juftice. 2 Injl. 713. But the 
owner of goods ftolen, who has profecuted the thief to 
conviction, cannot recover the value of his goods from any 
one who has purchafed them, and fold them again, even 
with notice of the theft before the conviction. See this 
more fully explained under the article Restitution. 
By thefe wife regulations, the common law has fecured 
the right of the ■proprietor in perfonal chattels from being 
deveitcd, fo far as was confident with that other necefiary 
policy, that purchafers, bond fide, in a fair, open, and re- 
'gular, manner, fhould not lie afterwards put to difficulties 
by reafon of the previous knavery of the feller. But there 
is one fpecies of perfonal chattels, in which the property 
is not eafily altered by fale, without the exprefs confent of 
the owner, and thofe arelorfes. For a purchafer gains 
no property in a horfe that has been flolen, unlefs it be 
bought in a fair or market overt, according to the direc¬ 
tions of the llatutes 2 P. & M. c. 7. and 31 Eliz. c. 12. 
All contracts for any thing vendible in fairs or markets 
overt (hall be binding, and fales alter the property, if 
made according to the following rules. 1. The fale is to 
be in a place that is open, fo that any one who paffeth 
by may fee it, and be in a proper place for fuch goods. 
2. It muft be an affual fale, for a valuable confideration. 
3. The buyer is not to know that the feller hatha wrong¬ 
ful pofTefficn for the goods fold. 4. The fale muff not 
be fraudulent, betwixt two, to bar a third perfon of his 
right. 5. There is to be a fale and a contract, by perfons 
able to contraCf. 6. The contract mult be originally and 
■wholly in the market overt. 7. Toll ought to be paid, 
where required by Statute. The Mirror informs us, E. 
•The fale ought not to he in the night, but between fun 
and fun ; though, if the (ale be made in the night, it may 
bind the parties. 
A piepowder-court is incidental to a market, as well as 
a fair. Keeping a fair or market, otherwife than it is 
granted, as on two days when only one is granted, or on 
any other day than that appointed, &c. is caufe of for¬ 
feiture. And if a perfon ereCls It a 11 s in a market, and 
does not leave room for the people to (land and fell their 
wares, fo that they are thereby forced to hire fuch (falls, 
taking money for the ufe of them is extortion. 
It muft be extremely evident, that the due regulation 
and eftablifhment of fuitableand convenient markets mult 
be of the greateft importance to the fuccefs and improve¬ 
ment of the agriculture of the kingdom, as by fuch means 
only can a proper Stimulus or encouragement be held out 
to the farmer to extend his means of cultivation. And 
in this view it becomes the duty of every farmer, before 
renting a farm, carefully to afcertain its lituation in re¬ 
gard to markets for the fale of agricultural produCfions. 
The markets in the more fertile and populous parts of 
this country, are in general, a late writer fuppofes, good, 
and, by means of turnpike-roads, inland navigations, or 
tea-carriage, eafy of accefs; but, were the regulations 
which have been propofed to be adopted by government 
refpeCting the fale of grain eltablilhed, and one general 
Standard tor weights and meafures fixed upon, they would 
be ltill more improved. The (fate of the markets in the 
remote parts of this part of the ifland, as well as Scotland, 
is very materially different ; and, while the proprietors of 
thefe diitriCls remain fo inattentive to their own interefts, 
it is not probable that any material alteration will take 
place for the better. The lofs and inconvenience which 
the Welfh and Highland farmers are often fubjefted fo, 
by being obliged to difpofe of their cattle on credit, are 
very great, and require the exertion of the chief proprie¬ 
tors in the particular diftricls, to apply with effeCI in or¬ 
der to remove them. In thefe diftrifls, it is fuppofed, 
the cultivators of grain are as ill fituated, in regard to 
markets, for the fale of the produce of their farms, as 
thofe who keep breeding-flocks of cattle and flieep. The 
efrecfts of the want of markets, as defcribed in the Report 
of Pembroke/hire, applies very particularly to them. “ The 
number of inhabitants, who live by handicraft bufinefs, 
or who buy their provisions, is but (mail in proportion to 
thofe employed in agriculture, which occafions the de¬ 
mand for corn and butcher’s-meat in our markets to be 
(mall. Hence, thofe who grow a large quantity of corn 
find a great difficulty in felling it. We have corn-dealers 
at the ports, who purchafe corn during the autumn and 
winter months, at a price always much below what is fold 
at the fame time in the open markets. When wheat is 
fix (hillings the- bufhel in the market, the dealers will 
hardly give five ; and other grain in proportion. The rea- 
fons for this difference between the dealer’s price and the 
market price are thefe : he buys with a delign to export 
his corn to Briltol, or Come other Englifh port ; he mult 
take care, in buying, to provide for ftore-lioufe rent, por¬ 
terage, freight, infurance by fc-a, commiffion on fales at 
the port he lends it to ; and, laftly, for his own trouble 
and capital employed. Betides all thefe expenfes, he runs 
another material rilk ; our corn is generally fo damp, that 
it will not keep in the lofts without being laid thin, and 
turned at lealt once a-week. If, in going to a port, a 
veiled mets with contrary winds and is delayed on her 
voyage, the cargo frequently heats to fuch a degree, as 
to reduce its price below' prime coif, and then the dealers 
fuffer a great lofs by the venture.” From this account 
of the (tare of the markets in the remote parts of this 
country, it is fuppofed, “ may be inferred, the advantages 
which the proprietors of fuch diitriets wotild derive by 
eftatslifhing manufactures, whereby markets would be 
brought home, as it were, to every farm. Where that 
cannot be effected, inland navigations, where practicable, 
as being infinitely preferable to turnpike-roads for the 
carriage of corn to market, anti for bringing manures in 
return, ought to become tbe next object of the proprie¬ 
tor’s attention. By thefe, the poffeffors of diliant corn- 
farms are often put nearly upon a tooting with thofe in 
the more immediate neighbourhood ot the belt markets 
in the country. But it may frequently happen, that it 
would be impracticable to eftablifh extenfive manufac¬ 
tures, fuch as would have the effect of creating a market 
for the Airplus produce of a diltriCt; and phyfically im- 
poffible to form canals, fo as to open a communication 
w ith other diftant markets; in fuch cafes, good level well- 
made roads are the only alternative. Thefe, although an 
expenfive mode of conveyance, are highly beneficial, par¬ 
ticularly in inland diitiiCts remote from markets, and 
where it is impoliible to form canals. Corn and meal are 
frequently carried in very great quantities from the fouth- 
ern counties of Scotland, to the Edinburgh and Glafgow 
markets, which, without turnpike-roads, would j'carcely 
be practicable ; at lead the expenfe to the farmers would 
he fo great as to amount almolt to a prohibition, and 
would neceffarily compel them to turn their attention to 
breeding and grazing, rather than the tillage fyltem of 
hufbandry, which, under Inch circumstances, would cer¬ 
tainly turn out the molt profitable.” 
The degree in which the fituation of a farm is, in re¬ 
gard to markets, muft obvioufly influence both proprietors 
and tenants, in making choice of particular rotations or 
modes of cropping in preference to others. Where no 
exertions can approximate markets to a farm, which 
would otherwife be well adapted to tire cultivation of 
grain, breeding and grazing cattle, or other fpecies of live 
flock, is, it is fuppoted, the belt method in which fuch 
farm can be occupied. Thefe, if not fold in the diftriCl, 
can 
