BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutes of Northern Ireland


You are here: BAILII >> Databases >> Statutes of Northern Ireland >>
URL: http://www.bailii.org/nie/legis/num_act/mafca1847238.txt

[New search] [Help]


MARKETS AND FAIRS CLAUSES ACT 1847

MARKETS AND FAIRS CLAUSES ACT 1847 - LONG TITLE

An Act for consolidating in One Act certain Provisions usually
contained in Acts for constructing or regulating Markets and Fairs.
[23rd April 1847]
Preamble rep. by SLR 1891[

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 1
Extent of Act.

1.] This Act shall extend only to such markets or fairs as shall
be authorized by any Act of Parliament hereafter to be passed which
shall declare that this Act shall be incorporated therewith; and all
the clauses of this Act, save so far as they shall be expressly
varied or excepted by any such Act, shall apply to the undertaking
authorized thereby, so far as the same shall be applicable to such
undertaking, and shall, with the clauses of every other Act which
shall be incorporated therewith, form part of such Act, and be
construed therewith as forming one Act.

And with respect to the construction of this Act, and any Act
incorporated therewith:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 2
""The special Act'':

2. The expression "the special Act" used in this Act shall be
construed to mean any Act which shall be hereafter passed
authorising the construction or regulation of a market or fair, and
with which this Act shall be incorporated; and the word "prescribed"
used in this Act in reference to any matter herein stated shall be
construed to refer to such matter as the same shall be prescribed
or provided for in the special Act, and the sentence in which such
word occurs shall be construed as if instead of the word
"prescribed" the expression "prescribed for that purpose in the
special Act" had been used; and the expression "the lands" shall
mean the lands which shall by the special Act be authorised to be
taken or used for the purposes thereof; and the expression "the
undertaking" shall mean the market or fair, and the works connected
therewith, by the special Act authorised to be constructed or
regulated; and the expression "the undertakers" shall mean the
persons authorised by the special Act to construct or regulate the
market or fair.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 3
Interpretation.

3. The following words and expressions in both this and the special
Act, and any Act incorporated therewith, shall have the meanings
hereby assigned to them, unless there be something in the subject
or context repugnant to such construction; (that is to say,)Words
importing the singular number shall include the plural number, and
words importing the plural number shall include also the singular
number:Words importing the masculine gender shall include females:The
word "person" shall include a corporation, whether aggregate or
sole:The word "lands" shall include messuages, lands, tenements and
hereditaments, or heritages, of any tenure:The word "lease" shall
include a missive of and an agreement for a lease:The expression
"the market or fair" shall mean the market or fair, and the works
connected therewith, by the special Act authorized to be constructed
or regulated:The word "cart" shall include waggon, and also any
carriage used wholly or chiefly for the conveyance of goods:The word
"driver" shall include the carter or other person having the care
of any cart:The word "cattle" shall include horse, ass, mule, ram,
ewe, wether, lamb, goat, kid, or swine:The expression "the collector"
shall mean the person appointed by the undertakers to collect the
stallages, rents, or tolls authorized by the special Act, shall
include the assistants of the collector:The word "month" shall mean
calendar month:The expression "superior courts," when the matter
submitted to the cognizance of the court arises in ... Ireland,
shall mean Her Majesty's superior courts of record at ... [Belfast]
...:The word "oath" shall include affirmation in the case of
Quakers, and any declaration lawfully substituted for an oath in the
case of any other persons allowed by law to make a declaration
instead of taking an oath:

Definition rep. by SLR 1980The word "justice" shall mean justice of
the peace acting for the place where the matter requiring the
cognizance of any such justice arises; and if such matter arise in
respect of lands situated not wholly in any one jurisdiction, shall
mean a justice acting for the place where any part of such lands
shall be situated; and where any matter is authorised or required
to be done by two justices, the expression "two justices" shall be
understood to mean two or more justices assembled and acting
together:

Definition rep. by SLR 1980

And with respect to citing this Act, or any part thereof:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 4
Short title.

4. In citing this Act in other Acts of Parliament, and in legal
instruments, it shall be sufficient to use the expression "The
Markets and Fairs Clauses Act, 1847."

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 5
Form in which portions of this Act may be incorporated in other
Acts.

5. For the purpose of incorporating part only of this Act with any
Act hereafter to be passed, it shall be enough to describe the
clauses of this Act with respect to any matter in the words
introductory to the enactment with respect to such matter, and to
enact that the clauses so described, or that this Act, with the
exception of the clauses so described, shall be incorporated with
such Act; and thereupon all the clauses of this Act so incorporated
shall, save so far as they shall be expressly varied or excepted
by such Act, form part of such Act, and such Act shall be
construed as if such clauses were set forth therein with reference
to the matter to which such Act relates.

And with respect to the construction of the market or fair, and
the works connected therewith:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 6
Taking of lands for purposes of markets or fairs to be subject to
Lands Clauses Act and this Act.

6. Where by the special Act the undertakers shall be empowered, for
the purpose of constructing the market or fair, to take or use any
lands otherwise than with the consent of the owners and occupiers
thereof, they shall, in exercising the power so given to them, be
subject to the provisions and restrictions contained in this Act and
in the Lands Clauses Consolidation Act, 1845, when the special Act
relates to ... Ireland, ...; and the undertakers shall make to the
owners and occupiers of and all other parties interested in any
lands taken or used for the purposes of the special Act, or
injuriously affected by the construction of the works thereby
authorized, full compensation for the value of the lands so taken
or used, and for all damage sustained by such owners, occupiers,
and other persons, by reason of the exercise, as to such lands, of
the powers vested in the undertakers by this or the special Act,
or any Act incorporated therewith; and, except where otherwise
provided by this or the special Act, the amount of such
compensation shall be determined in the manner provided by the said
Lands Clauses Consolidation Act ... for determining questions of
compensation with regard to lands purchased or taken under the
provisions thereof; and all the provisions of the said last-mentioned
Act ... shall be applicable to determine the amount of any such
compensation, and to enforce payment or other satisfaction thereof.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 7
Correction of errors and omissions in special Act.

7. If any omission, mis-statement, or wrong description shall have
been made of any lands, or of the owners, lessees, or occupiers of
any lands, described or purporting to be described in the special
Act, or in the schedule thereto, the undertakers, after giving ten
days' notice to the owners, lessees, and occupiers of the lands
affected by such proposed correction, may apply in ... Ireland to
two justices, ... for the correction thereof; and if it appear to
such justices ... that such omission, mis-statement, or wrong
description arose from mistake, they or he shall certify the same
accordingly, and shall in such certificate state the particulars of
any such omission, mis-statement, or wrong description; and such
certificate shall be deposited in ... Ireland with the [chief clerk
for the county court division] in which the lands affected thereby
shall be situated; ... and such certificate shall be kept by such
[chief clerk], ... with the other documents to which they relate,
and thereupon the special Act or schedule shall be deemed to be
corrected according to such certificate; and the undertakers may make
the works in accordance with such certificate, as if such omission,
mis-statement, or wrong description had not been made.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 8
Certified copies of alterations &c. to be evidence.

8. Copies of any such alteration or correction thereof, or extracts
therefrom, certified by any such [chief clerk], ... in whose custody
the same may be, which certificate such [chief clerk] shall give to
all parties interested when required, shall be received in all
courts of justice and elsewhere as evidence of the contents thereof.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 9
Additional land for extraordinary purposes.

9. The undertakers, in addition to the lands authorized to be taken
compulsorily, or to be appropriated by them for the purposes of the
market or fair, under the powers of this and the special Act, may
appropriate any lands vested in them, or may contract with any
person willing to sell the same for the purchase of any land
within the limits of the special Act, not exceeding in the whole
the prescribed number of acres for extraordinary purposes; (that is
to say,)

For providing slaughter-houses, (if the undertakers shall be
authorized by the special Act to provide slaughter-houses,) and
houses and places for weighing carts:

For making convenient roads and approaches to the market or fair:

For any other purpose which may be necessary for the formation or
convenient use of the market or fair.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 10
Undertakers, subject to provisions of this and the special Act, may
execute the works herein named.

10. Subject to the provisions in this and the special Act, and any
Act incorporated therewith, the undertakers, for the purpose of
constructing a place for holding the market or fair, may execute
any of the following works; (that is to say,)

They may enter upon any lands described in the special Act, or the
schedule thereto, and other lands purchased by them or belonging to
them, and set out such parts as they think necessary for the
purposes of the market or fair, and thereupon from time to time
build and maintain such market places or places for fairs, and such
stalls, sheds, pens, and other buildings or conveniences, for the
use of the persons frequenting the market or fair, and for weighing
and measuring goods sold in the market or fair, and for weighing
carts, as they may think necessary:

They may from time to time on such lands as aforesaid make and
maintain all such roads and approaches as they may think necessary
for the convenient use of the persons resorting to the market or
fair.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 11
Undertakers to make satisfaction for damage done.

11. Provided always, that in the exercise of the powers by this or
the special Act granted the undertakers shall do as little damage
as can be, and shall make full satisfaction, in manner herein and
by the special Act and any Act incorporated therewith provided, to
all parties interested for all damages sustained by them by reason
of the exercise of such powers.

And with respect to the holding of the market or fair, and the
protection thereof:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 12
Before the market or fair shall be opened, notice to be given by
undertakers.

12. Before the market or fair shall be opened for public use the
undertakers shall give not less than ten days' notice of the time
when the same will be opened, and such notice shall be given by
the publication thereof in some newspaper circulating within the
limits of the special Act, and by printed handbills posted on some
conspicuous place within those limits.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 13
Sales elsewhere than in market or in shops, &c., prohibited.

13. After the market place is opened for public use every person
other than a licensed hawker who shall sell or expose for sale in
any place 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, shall for every
such offence be liable to a penalty not exceeding [#10].

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 14
Market days.

14. After the market place or place for fairs is opened for public
use the undertakers shall hold markets and fairs therein on the
prescribed days (if any), and on such other days as the undertakers
shall appoint from time to time by any byelaw to be made in
pursuance of this or the special Act.

S.15 rep. by 1958 c.27 (NI) s.73(1) sch.4 Pt.I

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 16
Penalty for obstructing market or fair keeper.

16. Every person who shall assault or obstruct any person appointed
by the undertakers to superintend the market or fair, or to keep
order therein, whilst in the execution of his duty, shall for every
such offence be liable to a penalty not exceeding [#2].

Ss.1719 rep. by 1968 c.28 (NI) s.16 sch.4. S.20 rep. by 1958 c.27
(NI) s.73(1) sch.4 Pt.I

And with respect to weighing goods and carts:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 21
Weights and measures for weighing commodities sold at markets and
fairs.

21. The undertakers shall provide sufficient and proper weighing
houses or places for weighing or measuring the commodities sold in
the market or fair, and shall keep therein proper weights, scales,
and measures, according to the standard weights and measures for the
time being, for weighing such commodities as aforesaid, and shall
appoint proper persons to attend to the weighing or measuring such
commodities at all times during which the market or fair is holden.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 22
Articles to be weighed if requested by the buyer.

22. Every person selling or offering for sale any articles in the
market or fair shall, if required so to do by the buyer, cause
the same to be weighed or measured by the weights and scales or
measures provided by the undertakers; and any such person who shall
refuse, on demand, to cause such articles to be weighed or measured
in manner aforesaid shall be liable to a penalty not exceeding
[#2].

S.23 rep. by 1967 c.6 (NI) s.44(3) sch.7 Pt.III

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 24
Machines for weighing carts, &c.

24. The undertakers shall provide sufficient and proper buildings or
places for weighing carts in which goods are brought for sale
within the market or fair or the prescribed limits, and shall keep
therein machines and weights proper for that purpose, and shall from
time to time appoint a person in every such building or place to
afford the use of such machines to the public by weighing such
carts with or without their loading, as may be required.

Ss.2530 rep. by 1954 c.9 (NI) s.29 sch.7; 1967 c.6 (NI) s.44(3)
sch.7 Pt.III

And with respect to the stallages, rents, and tolls to be taken by
the undertakers:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 31
Tolls, &c. not to be demanded until market or fair completed.

31. Unless it be otherwise provided by the special Act, the
undertakers shall not demand or receive any stallage, rent, or toll
until the market place or place for a fair or slaughter-house in
respect of the use of which the same shall be demanded shall be
completed and fit for the use of the persons resorting thereunto.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 32
Certificate of two justices to be evidence that market or fair is
completed.

32. A certificate under the hand of any two justices shall be
conclusive evidence that the same is completed and fit for public
use as aforesaid; and any such justices shall sign such certificate
on proof being adduced to them that the market place or place for
a fair or slaughter-house is so completed and fit for public use.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 33
Tolls, &c. to be paid on demand to undertakers or collector.

33. The several stallages, rents, or tolls payable in respect of
the market or fair or slaughter-house shall be paid from time to
time, on demand, to the undertakers, or the collector or other
person authorized by the undertakers to receive the same.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 34
Tolls for weighing, &c. to be paid before goods, &c. are weighed,
&c.

34. The tolls payable in respect of weighing or measuring marketable
commodities, or carts with or without goods, shall be paid to the
person authorized by the undertakers to weigh or measure the same
by the persons bringing such marketable commodities or carts to be
weighed or measured, before the same are weighed or measured.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 35
Tolls in respect of cattle brought to market for sale.

35. The tolls in respect of cattle brought to the market for sale
shall become due as soon as the cattle in respect whereof they are
demandable, are brought into the market place, and before the cattle
are put into any pen, or tied up in such market place; and if
the cattle be not removed within one hour after the close of the
market, another toll shall become due in respect of the cattle so
omitted to be removed.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 36
Stallages, tolls, &c. may be varied from time to time.

36. The undertakers may from time to time change the stallages,
rents, and tolls to be taken in respect of the market or fair, or
for the slaughter-houses, or for weighing and measuring, [provided
that the stallages, rents, and tolls in no case exceed the amounts
authorized by the special Act.]

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 37
Penalty on taking a greater toll than authorized.

37. Every person who shall demand or receive a greater toll than
that authorized to be taken under the provisions of this or the
special Act, shall for every such offence be liable to a penalty
not exceeding [#2].

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 38
Recovery of tolls by distress, &c.

38. If any person liable to the payment of any stallage, rent, or
toll authorized by this or the special Act to be taken do not pay
the same when demanded, the undertakers or their lessee, or any
person authorized by the undertakers or their lessee to collect the
same, may [, irrespective of the amount thereof, recover the same
summarily as a civil debt.]

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 39
Disputes respecting tolls, how to be settled.

39. If any dispute arise concerning any such stallage, rent, or
toll, such dispute shall be determined in ... Ireland by a justice,
... and such justice ... shall, on application made to him,
determine the same, and make such order therein, and award such
costs to either party, as to him shall seem proper; and in default
of payment, on demand, of the money which shall be so awarded, and
of the costs, the same shall [, irrespective of the amount thereof,
be recoverable summarily as a civil debt.]

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 40
Penalty for obstructing collector of rents, &c.

40. Every person who shall assault or obstruct any person authorized
to collect any stallage, rent, or toll authorized by this or the
special Act, shall for every such offence be liable to a penalty
not exceeding [#2].

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 41
List of tolls, &c. to be set up in conspicuous places.

41. The undertakers or their lessee shall from time to time cause
to be painted on boards, or to be printed and attached to boards,
in large and legible characters, a list of the several stallages,
rents, and tolls from time to time payable under this and the
special Act, and shall cause a board containing such list to be
conspicuously set up and continued in the market or fair, and in
each weighing-house and slaughter-house provided by the undertakers to
which each such list shall relate, and no stallage, rent, or toll
shall be payable during the time such list is not so set up, or
for any thing not specified therein: Provided always, that if such
list shall be destroyed, injured, or obliterated, the stallages,
rents, and tolls shall continue to be payable during such time as
shall be reasonably required for the restoration of such list, in
the same manner as if such list had continued in the state
required by this Act.

And with respect to the byelaws to be made by the undertakers:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 42
Byelaws may be made for all or any of the purposes herein named.

42. The undertakers may from time to time make such byelaws as
they think fit for all or any of the following purposes; (that is
to say,)

For regulating the use of the market place and fair, and the
buildings, stalls, pens, and standings therein, and for preventing
nuisances or obstructions therein, or in the immediate approaches
thereto:

For fixing the days, and the hours during each day, on which the
market or fair shall be held:

For inspection of the slaughter-houses, ..., and preventing the
exercise of cruelty therein:

For regulating the carriers resorting to the market or fair, and
fixing the rates for carrying articles carried therefrom within the
limits of the special Act:

For regulating the use of the weighing machines provided by the
undertakers, ...:

For preventing the sale or exposure for sale of unwholesome
provisions in the market or fair:

Byelaws may be enforced by penalties.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 43

43. The undertakers, by the byelaws so to be made by them, may
impose such reasonable penalties as they shall think fit, not
exceeding five pounds for each breach of such byelaws; provided that
every such byelaw shall be so framed as to allow the justices ...
before whom any penalty imposed thereby shall be sought to be
recovered to order the whole or part only of such penalty to be
paid.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 44
No byelaws to come into operation until approved by secretary of
state.

44. No byelaws made under the authority of this or the special Act
(except such as may relate solely to the officers or servants of
the undertakers) shall come into operation until the same shall be
allowed in the manner prescribed by the special Act, or, if no
manner be prescribed, until the same shall be allowed by the
justices at quarter sessions, if the market or fair be in ...
Ireland, ... and ... approved under the hand of one of Her
Majesty's principal secretaries of state, and it shall be incumbent
on the justices at quarter sessions, ... on the request of the
undertakers, to examine into the byelaws which may be tendered to
them for that purpose, and to allow of or disallow the same, as
to them may seem meet.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 45
Notice of application for allowance of byelaws.

45. Provided always, that no such byelaw shall be allowed in manner
herein mentioned unless notice of the intention to apply for an
allowance of the same shall have been given in one or more
newspapers of the county in which the market or fair shall be
situated, or, if there be no newspaper in such county, in one or
more newspapers of the adjoining county, one month at least before
the hearing of such application; and any party aggrieved by any
such byelaw, on giving notice of the nature of his objection to
the undertakers ten days before the hearing of the application for
the allowance thereof, may, by himself or his counsel, [solicitor],
or agent, be heard thereon, but not so as to allow more than one
party to be heard upon the same matter of objection.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 46
Copy of proposed byelaws to be open for inspection.

46. For one month at least before any such application for
allowance of any byelaw a copy of such proposed byelaws shall be
kept at the principal office of the undertakers, and shall be put
up in some conspicuous place in the market place or fair, and all
persons at all reasonable times may inspect such copy without fee
or reward, and the undertakers shall furnish every person who shall
apply for the same with a copy thereof, or of any part thereof,
on payment of [2p] for every one hundred words so to be copied.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 47
Publication of byelaws.

47. The said byelaws shall be published in the prescribed manner,
and when no manner of publication is prescribed they shall be
printed, and the clerk of the undertakers shall give a printed copy
thereof to every person applying for the same without charge, and a
copy thereof shall be painted or placed on boards, and put up in
some conspicuous part of the principal office of the undertakers,
and also in some conspicuous place in the market place or fair,
and such boards, with the byelaws thereon, shall be renewed from
time to time as occasion shall require, and shall be open to
inspection without fee or reward; and in case the said clerk shall
not permit the same to be inspected at all reasonable times, he
shall for every such offence be liable to a penalty not exceeding
five pounds.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 48
Byelaws to be binding on all parties.

48. All byelaws made and confirmed according to the provisions of
this and the special Act, when so published and put up, shall be
binding upon and be observed by all parties, and shall be a
sufficient warrant for all persons acting under the same.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 49
Proof of publication of byelaws.

49. The production of a written or printed copy of the byelaws
requiring confirmation by the court of quarter session ...
authenticated by the signature of the judge or of the chairman of
the court ... who shall have approved of the same, and requiring
approval under the hand of one of Her Majesty's principal
secretaries of state, and a written or printed copy of the byelaws
not requiring such confirmation or approval, authenticated by the
common seal of the undertakers, if they be a body corporate, or
under the hands of the undertakers, if not incorporated, or any two
of them, shall be evidence of the existence and making of such
byelaws in all cases of prosecution under the same, without proof
of the signature of such judge, chairman, or sheriff, or such
secretary of state, or the common seal or signature of the
undertakers; and with respect to the proof of the publication of
any such byelaws, it shall be sufficient to prove that a painted
board containing a copy thereof was put up and continued in manner
by this Act directed, and in case of its afterwards being displaced
or damaged, that such board was replaced or restored as soon as
conveniently might be, unless proof be adduced by the party
complained against that such painted board did not contain a copy
of such byelaws, or was not duly put up or continued as directed
by this Act.

Annual account to be made up by the undertakers.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 50

50. And with respect to the receipts and expenditure of the
undertakers, be it enacted, that the undertakers shall in every year
cause an annual account in abstract to be prepared, showing the
whole receipt and expenditure of all rents and other monies levied
by virtue of this or the special Act for the year ending the
thirty-first day of December, or some other convenient day in each
year, under the several distinct heads of receipt and expenditure,
with a statement of the balance of such account, duly audited or
certified by the chairman of the undertakers, and by the auditors,
if any, and shall send a copy of the said account, free of
charge, to the [chief clerk for the county court division] in which
the market or fair is situate on or before the expiration of one
month from the day on which such accounts shall end, which account
shall be open to the inspection of the public at all seasonable
hours, on payment of the sum of [5p] for every such inspection;
and if the undertakers omit to prepare or send such account as
aforesaid, they shall forfeit for every such omission the sum of
twenty pounds.

S.51 rep. by SLR 1894

And with respect to the recovery of damages not specially provided
for, and of penalties, and to the determination of any other
matters referred to justices in ... Ireland ...:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 52
Railways Clauses Act, 1845, as to damages, &c. to be incorporated.

52. If the market or fair be in ... Ireland, the clauses of the
Railways Clauses Consolidation Act, 1845, with respect to the
recovery of damages not specially provided for, and penalties, and
to the determination of any other matter referred to justices, shall
be incorporated with this and the special Act; ... and such clauses
shall apply to the market or fair and the undertakers respectively,
and shall be construed as if the word "undertakers" had been
inserted therein instead of the word "company."

S.53 rep. by SLR 1875

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 54
Nothing in this or the special Act to affect the rights of the
crown.

54. And nothing in this or the special Act shall be deemed to
extend to or affect any Act of Parliament relating to Her Majesty's
duties of customs or excise, or any other revenue of the crown, or
to extend to or affect any claim of Her Majesty in right of her
crown, or otherwise howsoever, or any proceedings at law or in
equity by or on behalf of Her Majesty, in any part of the United
Kingdom of Great Britain and Ireland.

S.55 rep. by SLR 1976. S.57 rep. by 1946 c.13 (NI) s.16(3) sch.

And with respect to access to the special Act:

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 58
Copies of special Act.

58. The undertakers shall at all times after the expiration of six
months after the passing of the special Act keep in their principal
office of business a copy of the special Act, printed by the
printers to Her Majesty, or some of them, and shall also within
the space of such six months deposit in the office of the [chief
clerk for the county court division] ... in which the undertaking
is situate, a copy of such special Act, so printed as aforesaid;
and the said [chief clerk] ... shall receive, and they and the
undertakers respectively shall keep, the said copies of the special
Act, and shall allow all persons interested therein to inspect the
same, and make extracts or copies therefrom, in the like manner,
and upon the like terms, and under the like penalty for default,
as is provided in the case of certain plans and sections by the
Parliamentary Documents Deposit Act, 1837.

MARKETS AND FAIRS CLAUSES ACT 1847 - SECT 59
Penalty on undertakers failing to keep or deposit such copies.

59. If the undertakers fail to keep or deposit, as herein-before
mentioned, any of the said copies of the special Act, they shall
forfeit twenty pounds for every such offence, and also five pounds
for every day afterwards during which such copy shall be not so
kept or deposited.

S.60 rep. by SLR 1875


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_act/mafca1847238.txt