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Theatres and Theatrical Performances be repealed, and other Provisions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.
[Illustration]
[Illustration]
STURBRIDGE FAIR.