Summary Jurisdiction (Ireland) Act, 1851

Fairs and markets.

Justices may make awards as to disputes at sales in fairs and markets (where value does not exceed 5l.).

Commissioners under 9 Geo. 4. c. 82., &c. and justices to appoint stands for cars, &c.;

and make regulations as to thorough-fares in markets, &c.

Punishment for the following offences:

Breaking the regulations, &c.

Leaving vehicles standing in streets.

17. The decision and regulation of certain matters relating to fairs and markets shall be subject to the following provisions:

1. Whenever any dispute shall arise between any buyer and seller relating to the terms of sale, delivery, price, or payment for any article, matter, or thing which shall be exhibited for sale in any fair or market, (and which shall not be of a greater value than five pounds), it shall be lawful for any justice within his jurisdiction either to proceed at once to hear and determine such dispute, (upon the complaint of either party, and in presence of both parties, and after causing all parties to be brought before him for that purpose,) or to adjourn the hearing thereof to the next petty sessions of the district; and it shall be lawful for such justice or the justices at such petty sessions, having examined into the said complaint upon the oath of either of. the parties or of any witness or witnesses, to make an award thereon according to the merits of the case; and such award shall be in writing, and shall have the like force and effect as any order made at petty sessions:

2. It shall be lawful for the town commissioners acting under the Lighting of Towns (Ireland) Act, 1828, and for the commissioners acting under any other local or special Acts giving them like powers in their respective towns not being corporate towns, and for the justices at petty sessions in other market towns, not being corporate towns, from time to time to appoint, by order in writing, such place or places in such towns as they shall think fit for any public or hackney car or carriage to stand in for hire; and also to make (and vary from time to time) such regulations as they shall see fit for keeping or causing to be kept free and clear from obstruction all passages or thoroughfares in and through the said markets, and for keeping or causing to be kept all said markets, and all passages therein and thereto, clear and free from any dirt or nuisances of any kind whatever, and for preventing all indecencies being committed therein; provided that no such regulations shall interfere with or impede the due accommodation of persons lawfully exposing goods or wares for sale therein; and it shall be lawful for the said town commissioners or justices, as the case may be, to give due notice of such regulations, by causing the same to be painted on a board, and affixed in some conspicuous place in any such market, in like manner as schedules of tolls and customs in markets are now required by law to be affixed:

And any person who shall commit any of the next following offences shall be liable to the punishment herein-after specified:

3. Any person who shall offend against any of the said regulations, by exhibiting goods or wares in any such market in any place other than that appointed for the sale of the same, or by refusing to remove the same when required so to do, or by obstructing the passages or thoroughfares in and through such market, or by placing or leaving any impediment of any kind therein, or by leaving or causing to be left any dirt or nuisance of any kind therein, or who shall commit any indecency in said market or in the passages thereto, shall be liable to a fine for a first offence not exceeding five shillings, and for a second offence not exceeding ten shillings:

4. Any person who shall, within any city, borough, or market town in Ireland, or within a quarter of a mile from the boundary thereof, cause any cart, dray, waggon, or other such carriage, or any public or hackney car or carriage, to stand in any public road or street longer than may be reasonable or necessary for loading or unloading, or for taking up or setting down passengers, (except any cart, dray, waggon, or other such carriage lawfully standing in any place customarily used for such purpose in any public market or fair, and except any public or hackney car or carriage standing for hire in any place which shall be fixed as a standing for that purpose in manner aforesaid,) shall be liable to a fine not exceeding twenty shillings.

[S. 18 rep. 23 & 24 Vict. c. 119. s. 4.]