CHAPTER VI.

MODERN LEGISLATION.

1839-1874. In the 2nd and 3rd Vict. c. 47—_An Act for the Further

Improving the Police in and near the Metropolis_—it is provided that

Inquiries may be made regarding Fairs within the Metropolitan Police

District, alike as to the authority to hold such Fair, and also as to

the time during which it may be holden. If the authority for holding the

Fair be doubtful the owner or occupier of the ground may be summoned to

show his right and title to hold such Fair: and if the Fair be declared

unlawful, then Booths &c. may be removed. But the owner or occupier by

entering into recognizances, may reserve the question of the right or

title to hold such Fair, to be tried in the Court of Queen’s Bench—see

1868.

1843. The 6 and 7 Vict. c. 68—_An Act for Regulating Theatres_—recites

“Whereas it is expedient that the Laws now in force for regulating

Theatres and Theatrical Performances be repealed, and other Provisions

be enacted in their stead.” And section 23 is as follows: And be it

enacted that in this act the word “Stage-play” shall be taken to include

every Tragedy, Comedy, Farce, Opera, Burletta, Interlude, Melodrama,

Pantomime, or other entertainment of the stage, or any part thereof:

Provided always, that nothing herein contained shall be construed to

apply to any Theatrical Representation in any Booth or Show which by the

Justices of the Peace, or other Persons having authority in that behalf,

shall be allowed in any lawful Fair, Feast, or customary meeting of the

like kind. This act was only to extend to Great Britain.

1844. The 7 and 8 Vict. c. 24—_An Act for Abolishing the Offences of

Forestalling, Regrating, and Engrossing, and for repealing certain

statutes passed in Restraint of Trade_—enacts (section 4) “That nothing

in this act shall be construed to apply to the offence of knowingly and

fraudulently spreading or conspiring to spread any false rumour, with

intent to enhance or decry the Price of any goods or merchandise, or to

the offence of preventing or endeavouring to prevent by Force or threats

any goods, wares, or merchandise being brought to any Fair or Market, but

that every such offence shall be inquired of, tried, and punished as if

this act had not been made.”

1847. There was enacted 10 and 11 Vict. c. 14—_An Act for consolidating

in One Act certain Provisions usually contained in Acts for Constructing

or Regulating Markets and Fairs_—which however was only to extend to

such markets or fairs as should be authorised by any Act of Parliament

hereafter to be passed, which should declare this Act to be incorporated

therewith; and then all clauses of this Act, except so far as they might

be varied or excepted from such Act were to apply. The details of this

measure will fall to be reviewed more in detail under MARKETS.

1868. There was enacted 31 and 32 Vict. c. 51—_An Act to amend the

Laws relating to Fairs in England and Wales_—under which “in case it

should appear to the Secretary of State for the Home Department, upon

representation duly made to him by the magistrates of any Petty Sessional

District, within which any Fair is held, or by the owner of any Fair in

England and Wales, that it would be for the convenience and advantage of

the Public that any such Fair shall be held in each year on some day or

days other than those on which such Fair is used to be held, it shall

be lawful for the Secretary of State for the Home Department to order

that such Fair shall be held on such other day or days as he shall think

fit.” Provided notice of such representation be duly advertised, and also

notice of order as therein provided. (See 1873.)

An act of the same session (c. 12) gave powers to facilitate the

alteration of days upon which and of places at which fairs might be held

in _Ireland_. It was upon the same lines as the preceding.

Another measure of the same session (c. 106)—_An Act for the Prevention

of the holding of unlawful Fairs within the Limits of the Metropolitan

Police District_—provides that where any Fair is holden or notice given

of any Fair proposed to be holden on any ground within the Metropolitan

Police District, other than that on which a Fair has been holden during

each of the seven years immediately preceding, it should be competent for

the Commissioner of Police to cause inquiry to be made as to right and

title to hold such Fair, after the manner provided by the act of 1839.

This is designated “The Metropolitan Fairs Act 1868.”

1871. There was enacted 34 Vict. c. 12—_An Act to further Amend the Law

relating to Fairs in England and Wales_—which recites: “Whereas certain

of the Fairs held in England & Wales are unnecessary, are the cause of

grievous immorality, and are very injurious to the inhabitants of the

Towns in which such Fairs are held, and it is therefore expedient to

make provision to facilitate the abolition of such Fairs.” It is then

provided that the Secretary of State may on representation of magistrates

with consent of owner, order fairs to be abolished. The machinery being

the same as under the Act of 1839 applying to the Metropolitan Police

District. This Act is known as “The Fairs Act, 1871.”

1872. The Local Government Board (Ireland) Act 1872 gave (35 and 36 Vict.

c. 69, section 10) powers to the governing body of any town, being the

owners of any fair held therein (under the Local Government (Ireland) Act

1871) with the consent of two thirds of the members of such governing

body, and with the consent of the Local Government Board—and of any

person being the owner of any fair, with the consent of the last named

body—to alter and fix the days for holding fairs. Notices being given as

therein prescribed.

1873. The Act of 1868 was repealed, but almost precisely similar

provisions were re-enacted by 36 and 37 Vict. c. 37. The term “owner”

(used as in the previous act and in this) was defined to mean any person

or persons, or body of companies, or body corporate, entitled to hold any

fair, whether in respect of the ownership of any lands or tenements, or

under any charter, letters patent, or otherwise howsoever.

This measure was not to apply to _Scotland_ or _Ireland_.

1874. There are a great number of acts relating to the sale of

Intoxicating Liquors at Fairs and Races. The latest 37 and 38 Vict. c. 49

(1874) by section 18, enacts that “occasional Licences” are required in

all such cases, except where the ordinary licensed premises fall within

the boundaries of such fair or race ground.

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STURBRIDGE FAIR.

Fairs, past and present · 第 6 / 24 章