Fairs - Definition - Law Dictionary Home Dictionary Definition fairs

Definition :

Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be appointed, the grantees may keep the fair or market where they please, or where they can most conveniently. Notwithstanding enfranchisement of copyholds under the (English) Law of Property Act, 1922, the land formerly copyhold remains subject to the lord's right (if any) to markets and fairs (see COPYHOLDS). Times of holding fairs and markets are either determined by the letters-patent appointing the fair or market, or by usage, or under the (English) Fairs Act, 1873 (36 & 37 Vict. c. 37) (repealing 31 & 32 Vict. c. 51), by the Secretary of State. See the (English) Markets and Fairs Clauses Act (10 & 11 Vict. c. 14). The (English) Metropolitan Fairs Act, 1868 (31 & 32 Vict. c. 106), was passed for the prevention of the holding of unlawful fairs within the limits of the Metropolitan Police District.

As to the powers fo local authorities with reference to fairs, see (English) Public health Act, 1875, s. 167, and as to the weighing of cattle, see Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891.

The (English) Fairs Act, 1871 (34 & 35 Vict. c. 12), proceeding on the preamble that 'certain of the fairs held in England and Wales are unnecessary, are the cause of grievous immorality, and are very injurious to the inhabitants of the town in which such fairs are held,' gives power to the Home Secretary to abolish any fair on representation of the magistrates, and with consent of the owner; and many fairs have been abolished under the powers of the Act. The holding of fairs on Sunday, except the four Sundays of harvest, is prohibited by an Act of 1448 (27 Hen. 6, c. 5). Consult Pease and Chitty on Markets and Fairs.