Public Markets
FAIRS (IRELAND) ACT 1868
CHAPTER XII.
An Act to facilitate the Alteration of Days upon which, and of Places at which, Fairs are now held in Ireland. [30th March 1868.]
[Preamble.]
Short title.
1. This Act may be cited as “The Fairs (Ireland) Act, 1868,”
Interpretation.
2. In this Act—
The term “owner” means any person or persons, or body of commissioners, 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 Act of Parliament, or otherwise howsoever.
Power to alter days or places for holding fairs.
3. In case it shall appear to the Lord Lieutenant in Council, upon representation duly made to him by the owner of any fair in Ireland, that it would be for the convenience and advantage of the public that such fair should be held on some day or days other than that or those on which such fair is used to be held, or at some other suitable place (not more than one half mile distant from the town, village, or other place where such fair is used to be held,) provided for that purpose by the said owner, it shall be lawful for the Lord Lieutenant, by and with the advice of Her Majesty’s Privy Council in Ireland, to order that such fair shall be held on such other day or days as he shall think fit, or at such other place as aforesaid: Provided always, that notice of such representation, and of the time when it shall please the Lord Lieutenant to order the same to be taken into consideration by the Privy Council, shall be published once in the Dublin Gazette, and in three successive weeks in some one and the same newspaper of the county, county of a city, or county of a town in which such fair is held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto, before such representation is so considered.
Orders to be published, and fairs to be held only on days or at places named therein.
4. When and so soon as any such order as aforesaid shall have been made by the Lord Lieutenant in Council, notice of the making of the same shall be published in the Dublin Gazette, and in some one newspaper of the county, county of a city, or county of a town in which such fair is usually held, or if there be no newspaper published therein, then in the newspaper of some county adjoining or near thereto; and thereupon such fair shall only be held on the day or days or at the place mentioned in such order; and it shall be lawful for the owner of such fair to take all such toll or tolls, and to do all such act or acts, and to enjoy all and the same rights, powers, and privileges in respect thereof, and to enforce the same by all and the like remedies, as if the same were held on the day or days upon which, or at the place at which, it was used to be held previous to the making of such order.
MARKETS AND FAIRS (WEIGHING OF CATTLE) ACT 1887
CHAPTER XXVII.
An Act to amend the Law with respect to weighing Cattle in Markets and Fairs.[1] [8th August 1887.]
[Preamble.]
Short title.
1. This Act may be cited as the Markets and Fairs (Weighing of Cattle) Act, 1887.
Application of Act.
2. This Act, save as is herein-after provided, shall apply to all markets and fairs in which tolls are for the time being authorised to be taken and actually are taken in respect of cattle by any company, corporation, or person; and every such company, corporation, or person is in this Act called “the market authority.”
Interpretation.
3. In this Act the word “cattle” includes ram, ewe, wether, lamb, and swine.
Accommodation for weighing cattle to be provided.
4. In or near to every market or fair to which this Act applies, the market authority shall provide and maintain sufficient and proper buildings or places for weighing cattle brought for sale within the market or fair, and shall keep therein or near thereto weighing machines and weights for the purpose of weighing cattle, and shall appoint proper persons to have charge of such machines and weights, and to afford the use of such machines and weights to the public for weighing cattle as may be from time to time required.
The market authority shall have the accuracy of such weighing machines and weights tested at least twice in every year by the local inspector of weights and measures of and for the county, borough, or place where the market is situate, and the cost of such testing shall be borne by such market authority.
If the market authority fail to comply with the provisions of this section, it shall not be lawful for them to demand, receive, or recover any toll whatever in respect of any cattle brought to the market or fair for sale so long as such failure continues, but this enactment shall not apply till after the first day of January one thousand eight hundred and eighty-eight.
Any person who demands or receives any toll in respect of cattle in any market or fair to which for the time being this Act applies, but in which the market authority have not complied with the provisions of this Act, shall be liable on summary conviction to a fine not exceeding five pounds.
Cattle to be weighed at option of seller or buyer.
5. Every person selling, offering for sale, or buying any cattle in a market or fair provided with accommodation for weighing cattle may require such cattle to be weighed, and the tolls payable in respect of the weighing shall be paid by the person requiring the cattle to be weighed to the person authorised by the market authority to receive the tolls.
Penalty for refusal to weigh cattle or to give ticket, &c.
6. Every person appointed by the market authority to weigh cattle sold in the market or fair, who—
(a) refuses or neglects to weigh the same when required; or
(b) refuses or neglects to deliver to the seller or buyer a ticket specifying the true weight of the cattle weighed; or
(c) gives to any person a false ticket or account of any cattle weighed;
shall be liable on summary conviction to a fine not exceeding forty shillings and not less than half a crown.
Penalty for fraud.
7. Every person who knowingly acts or assists in committing any fraud respecting the weighing of any cattle weighed in pursuance of this Act, shall for every such offence be liable on summary conviction to a fine not exceeding five pounds.
Tolls for weighing cattle.
10 & 11 Vict. c. 14.
8. The market authority may from time to time (unless otherwise expressly provided by any Act) demand and receive in respect of the weighing of cattle tolls not exceeding the amounts specified in the schedule to this Act, or such other amounts as may be authorised by the Local Government Board to be taken by the market authority; and sections thirty-six to forty-one (both included) of the Markets and Fairs Clauses Act, 1847, shall apply to the tolls mentioned in this section, as if this Act were the special Act, and the market authority were the undertakers.
Power to exempt certain markets and fairs from provisions of Act.
9.—(1) The market authority of any market or fair may at any time apply to the Local Government Board[1] to be exempted from the provisions of this Act on the ground that the sale of cattle at such market or fair is or is likely to be so small as to render it inexpedient to enforce the provision and maintenance of a place for weighing cattle and of a weighing machine under this Act; and thereupon the Local Government Board may by order declare that this Act shall not apply to such market or fair until after the expiration of a time not exceeding three years to be limited by such order. Any order made under this section may at any time be wholly or partially rescinded, altered, or extended by any subsequent order of the Local Government Board.
(2) This Act shall not apply to any market or fair to which any order under this section applies so long as it is declared by such order that this Act shall not apply thereto.
Application of Act to Scotland and Ireland.
10. In the application of this Act to Scotland and Ireland this Act shall be read and construed as if for the expression “the Local Government Board”[1] there were substituted, as regards Scotland, the expression “the Secretary for Scotland,” and as regards Ireland, the expression “the Local Government Board for Ireland.”
THE SCHEDULE.
Not exceeding
For every head of cattle other than sheep or swine
Twopence.
For sheep or swine, every five or less number
One penny.
[1 Amended by 54 & 55 Vict. c. 70.]
[1 The powers of the Local Government Board under s. 9 were transferred as regards England and Scotland to the Board of Agriculture and Fisheries, and as regards Ireland to the Department of Agriculture and Technical Instruction for Ireland by 54 & 55 Vict. c. 70, s. 1; 62 & 63 Vict. c. 50, s. 2 (1) (d), (2), and Order of Lord Lieutenant, Stat. Rules and Orders, Rev., 1904, IV. “Department of Agriculture, &c. for I.,” p. 1, and 3 Edw. 7. c. 31, s. 1 (1).]
[1 The powers of the Local Government Board under s. 9 were transferred as regards England and Scotland to the Board of Agriculture and Fisheries, and as regards Ireland to the Department of Agriculture and Technical Instruction for Ireland by 54 & 55 Vict. c. 70, s. 1; 62 & 63 Vict. c. 50, s. 2 (1) (d), (2), and Order of Lord Lieutenant, Stat. Rules and Orders, Rev., 1904, IV. “Department of Agriculture, &c. for I.,” p. 1, and 3 Edw. 7. c. 31, s. 1 (1).]