Fairs, past and present

by Cornelius Walford

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.