The Mayor, Alderman and Burgesses of the Borough of Brecon v Edwards
| Jurisdiction | England & Wales |
| Judgment Date | 30 April 1862 |
| Date | 30 April 1862 |
| Court | Exchequer |
English Reports Citation: 158 E.R. 797
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 31 L. J. Ex. 368, 8 Jur. (N S.) 461, 6 L. T. 293. Distinguished, Wilcox v. Steel, [1904] 1 Ch. 221.
[51] the mayor, aldermen and burgesses of the borough of brecon v. edwards. April 28, 30, 1862 -A sale by sample, on a market-rUy, near to but without the limits of the market is not a disturbance of the market, unless it is done designedly and with the intention to evade payment of toll "}3t. /&. [S. C. 31 L. J Ex. 368, 8 Jur. (N S.) 461, 6 L. T. 293. Distinguished, Wikw, v. tffee/, [1904] 1 Ch. 221.] The declaration stated that, at the time of the committing of the grievances, &c, the plaintiffs were possessed of a market foi the sale of coin, grain, &c., holden in the borough of Biecon, in the county of Brecon, on Saturday and Wednesday in every week, together with tolls, stallages, and other profits to the said market appertaining, and that all persons selling corn and grain on Saturdays and Wednesdays, within the said borough, of right ought to sell the same within the said market, ot at their own respective dwelling-houses, shops, or premises, and not elsewhere, within the said borough. That the defendant disturbed the said market of the plaintiffs, and prevented their enjoyment thereof, and of the said tolls, stallages, and other profits, by unlawfully selling certain corn and grain on the said market days at and in a place within the said borough near to, but outside of, the place where the said market of the plaintiffs was holden as aforesaid (the said place where the defendant ao sold the said corn and grain as aforesaid not being the dwelling-house, shop, or premises of the defendant), whereby the plaintiffs lost the tolls and profits which would have been paid to them upon the sale of the said corn and gram had the same been sold within the said market, and could not and did not enjoy their said market and the tolls and profits thereof in so ample and beneficial a manner as they of right ought to have done, &c. Pleas. First: not guilty. Secondly : that all persons selling corn and grain on Saturdays and Wednesdays, within the said borough, ought not of right to sell the same within [52] the said market, or at their own respective dwelling-houses, shops, or premises^ and not elsewhere, within the said borough, as alleged Issues thereon. The cause came on for trial, before Byles, J., at the last Spring Assizes for the county of Brecon, when a verdict was found for the plaintiffs, subject to the opinion of the Court on the following case:- By an Act passed in the year 1838 (1 & 2 Viet c. xn , local and personal), intituled " An Act for providing market-places and for regulating the markets within the borough of Brecon, in the county of Brecon," after reciting that the markets for supplying the inhabitants of the borough of Brecon, in the county of Brecon, and the neighbourhood thereof, with corn, grain, and agricultural produce, fish, poultry, and other provisions, and with live and dead stock and certain other commodities, had (a) Pollock, C. B, Martin, B., and Bramwell, B. 798 THE MAYOR, ETC., OF BRECON V. EDWARDS 1 H & C 53. been long leld in the principal streets and other public thoroughfares within the said borough, whereby the same are rendered dangeious and inconvenient to the inhabitants and the public at large passing through the same; and that the market for buying and selling batcher's meat, and also cheese, butter, seeds, hops, and other things, had been usually held in an inclosed space under the Guildhall of the said borough , and that the mayor, aldermen, and burgesses of tbe said borough were willing and desirous to erect a proper maiket-place and buildings for the sale of meat, fish, &c., with proper stalls, standings, and other accommodations therein, it was, among other things, enacted:- Sect. 42. "That the tolls theretofore payable in respect of the maiket in the said town should continue until the intended new market should be completed and opened for public use; and upon and from and after the opening thereof there should be paid to the said mayor, aldermen, and burgesses, or to the person appointed by them to receive the [53] same, by every person holding, using, or occupying any stall or standing, or selling, or offering or exposing to sale, any meat, fish, &c , coin, grain, flour, &c., brought into the said markets, or either of them, such tolls, rents, and stallages as should from time to time be fixed and appointed by the said mayor, aldermen, and burgesses, not exceeding the several tolls, rents, and stallages specified in the second schedule to that Act annexed," &c In case of refusal 01 neglect to pay toll, power was thereby given to the mayor, aldeimen, and buigesses to levy the same by distress and sale of the goods exposed to sale, or other goods of the person so refusing or neglecting Sect. 52. That the said new market should be appropriated to the sale of meat, fish, &c., and other marketable provisions (except corn, gram, &c ), and should be called the "New Market," and the present market, which was situated under the Guildhall, should be appropriated only to the sale of corn, grain, &c., and should be called the " Com Market." Sect 53 empowered the mayor, aldermen, and burgesses to hold the markets on Wednesday and Saturday in every week throughout the year, and on arid at such other days and hours of the day as might from time to time be appointed by the said mayor, aldermen, and burgesses Sect. 59. "That when the said new market-place for the sale of meat, fish, &c., and the new market for the sale of live cattle, &c., should be built, appropriated, and set apart, ready to be opened for public use, the said mayor, aldermen, and burgesses, or their successors, should, and they were thereby required, by a printed handbill or advertisement signed by the clerk for the time being acting in pursuance of the said Aet, to be circulated in the said borough and the neighbourhood thereof, and by inserting the same in some newspaper circulated in the said county, to give ten [54] days' notice of such market-places, or either of them, having been so built, appropriated, and set apart, and ready to be opened for public use, previous to the day on which such market-places, or either of them, should be opened for public use , and from the same period the said market-place, or space under the Guildhall, should be...
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