carrying this Act into execution not herein otherwise provided for, provided by shall be paid out of such Monies as shall be provided by Parliament.

Parliament.

sioners.

VII. Every Commissioner appointed under this Act shall, before he Oath of enters upon the Execution of his Office, make the following Declara- Commis5 tion before One of the Justices of the Court of Queen's Bench or Common Pleas or One of the Barons of the Court of Exchequer in Ireland; (that is to say,)

'I A. B. do solemnly promise and declare, that I will faithfully, impartially, and honestly, according to the best of my Skill and 10 Judgment, fulfil all the Powers and Duties of a Commissioner under an Act passed in the Year of the Reign of Queen Victoria,

'intituled [here set forth the Title of this Act]:'

And the Appointment of every such Commissioner, with the Time when and the Name of the Justice or Baron before whom he shall 15 have made the said Declaration, shall be forthwith published in the Dublin Gazette.

Commissioners to

Witnesses.

VIII. It shall be lawful for the Commissioners, by Summons under Power to their Seal, to require the Attendance before them, at a Time and Place to be mentioned in such Summons, of all such Persons as they summon 20 shall think fit to examine in relation to any Inquiry directed or authorized by this Act, or any Question or Matter depending before them, and to require all such Persons to produce before them all Deeds, Books, Papers, Documents, and Writings relating to such Question or Matter, and to examine upon Oath all Persons who 25 shall attend under such Summons, and all Persons who shall voluntarily attend before them as Witnesses; and it shall be lawful for any One of the Commissioners to administer such Oath; and if any Person required by such Summons to attend before the Commissioners shall, without reasonable Cause, to be allowed by the Commissioners, fail to 30 appear according to the Tenor of such Summons, having been paid or tendered a sufficient Sum of Money, to be ascertained by the Commissioners, to defray the Charges of his Attendance, or shall refuse to be sworn, or shall not make Answer to all such Questions as shall be lawfully put to him by the Commissioners, or shall refuse or fail to 35 produce before the Commissioners any such Deed, Book, Paper, Document, or Writing, being in or under his Custody, Possession, or Power, as shall be lawfully required to be produced by him before the Commissioners, he shall be guilty of a Misdemeanor: Provided Power to always, that the Commissioners may, where they think fit, receive in sioners to 40 Evidence Affidavits, and such Affidavits may be made before any Person proceed empowered to take Affidavits which may be received in Evidence upon in the Court of Chancery in Ireland; and all Persons who shall wilfully give false Evidence or otherwise forswear themselves in any

Commis

Affidavits.

Upon Appli

cation to

Lord Lieu

willing to

provide a better Site and Accommodation for any

such Examination or Affidavit may be prosecuted for the same, and upon Conviction thereof shall be liable to the same Pains and Penalties as Persons guilty of wilful and corrupt Perjury are now liable to by Law.

IX. Upon the Application to the Lord Lieutenant of Twenty-one or 5 more Persons rated to the Relief of the Poor to the Value of Eight tenant where Pounds or upwards in any County or Town in Ireland, complaining of Persons are Inconvenience arising from the Want of a Market or Fair in such Town or in any Part of such County within Seven Miles of the Residence of such Persons, or from the Insufficiency or Inconvenience of the Site of 10 any such Market or Fair as may be there held, or from the Want of proper Accommodation therein, and representing that the Applicants, or some new Market, or One of them, or some other Person named in such Application, are or is willing to provide an eligible Site for a Market or Fair in such Town or in such Part of such County, together with the requisite 15 Accommodation for the same, it shall be lawful for the Lord Lieutenant, if he see fit, by Order under his Hand, to direct the Commissioners to make Inquiry into the Matter of such Application and otherwise to proceed in relation thereto under the Provisions of the Act.

Market, or a

Lord Lieu

tenant may direct Inquiry.

Commis

sioners to make Inquiry, and may make Provisional Order.

X. The Commissioners shall, as soon as conveniently may be 20 after being directed to make such Inquiry as aforesaid, go to the Town or Place where the existing Market or Fair is holden or the proposed Market or Fair is to be established, and there make Inquiry accordingly, and hold One or more Meetings for that Purpose, and may adjourn any such Meeting from Time 25 to Time, and the Commissioners shall give Notice of the Order of the Lord Lieutenant for making such Inquiry and of the Time and Place of holding their First Meeting by publishing the same in some Newspaper usually circulated in such Town or Place; and in case the Commissioners find that the Complaints con- 30 tained in such Application are well founded, they shall ascertain and determine whether or not the Site proposed to be provided is eligible and the proposed Accommodation sufficient, and in case they find in the Affirmative shall make a Provisional Order under their Seal, declaring that upon such Site and Accom- 35 modation being provided within a Time to be limited by such Order the Person or Persons providing the same will be entitled to take the Tolls specified therein, and otherwise to the Benefits of this Act: Provided always, that in case the Owner of any existing Market or Fair the Site whereof or the Accommodation wherein is 40 complained of as inconvenient or insufficient, or the Owner of any other Market or Fair who would be prejudicially affected by the Establishment of any proposed new Market or Fair, be willing and

offer

offer, at any Meeting holden by the Commissioners before they have made any such Provisional Order, to provide the requisite Site and Accommodation, or Accommodations only, (as the Case may require,) the Commissioners shall suspend the making of such Provisional 5 Order for such Time as may appear to them proper for providing such Site and Accommodation or Accommodations as the Case may require, or if such Owner so desire the Commissioners may make such Provisional Order as aforesaid in favour of such Owner.

desirous of

XI. Upon the Application to the Lord Lieutenant of the Owner of Owner 10 any Market or Fair, representing that he is desirous of providing an improving improved Site for the same, or of enlarging or otherwise improving any Market the same or the Accommodation therein, provided he be authorized or Fair may make Applito levy Tolls and other Charges therein under the Provisions of this cation, and Act, it shall be lawful for the Lord Lieutenant, if he see fit, to direct thereupon Inquiry 15 the Commissioners to make Inquiry into the Matter of such Applica- to be made tion and otherwise to proceed in relation thereto under the Provisions as in other Cases. of this Act, and the Commissioners shall thereupon proceed to make such Inquiry, and shall proceed in relation thereto in manner hereinbefore provided in other Cases of Inquiries directed to be made by 20 them, and shall ascertain and determine whether or not the carrying into effect of the Proposals made by such Application, either with or without any Variation therein would be beneficial and of sufficient Benefit to justify the establishing in such Market or Fair Tolls and Charges under the Provisions of this Act, and in case they find 25 in the Affirmative, they shall make a Provisional Order in relation thereto in like Manner as herein-before provided in other Cases.

Provisional.

XII. The Commissioners in and by every such Provisional Order as Commis. aforesaid shall appoint and fix the Tolls to be taken in the Market or sioners in Fair to which the same relates, not exceeding the Tolls mentioned in Order to fix 30 the Schedule to this Act, and shall fix the Days on which the Market Tolls and Days for or Fair shall be holden, and every such Provisional Order shall be holding the published in the Dublin Gazette, and in One or more Newspapers Market or circulating in the Neighbourhood of the Market or Fair or intended. Market or Fair, as the Case may be.

35

Fair.

Market or

XIII. When any Market or Fair or the additional Accommodation in On Compleor for the same mentioned in any Provisional Order under this Act tion of shall be completed and fit for the Use of the Persons resorting to such Fair, Tolls Market or Fair to the Satisfaction of the Commissioners, Notice to be taken according to thereof shall be published by them in the Dublin Gazette and in One the Pro40 or more Newspapers circulated in the Neighbourhood of the Market visional or Fair, and such Publication shall be conclusive Evidence of such Completion; and also, that all previous Steps and Proceedings have

Order.

Tolls, &c., how to be payable.

Inspectors, Clerks, &c. to be

been duly and rightfully taken by the Commissioners; and thereupon such Market or Fair shall be and be deemed a legal Market or Fair, and the several Tolls to be taken at such Market or Fair which are fixed in such Provisional Order under the Provisions herein contained shall be and become payable to the Persons or Person mentioned in 5 such Order, their and his respective Heirs and Assigns, or to their respective Officers.

XIV. So far as conveniently may be, all such Tolls as shall be receivable by virtue of this Act shall be levied and paid at the Entrance to the Market or Fair, and always beforehand and in antici- 10 pation of the Use or Enjoyment of the Easement or Accommodation in respect of which same is or are payable; and no Subsale or subsequent Dealing in respect of the whole or any Part of any Article or Number of Articles once admitted to the Market or Fair, and in respect of which the proper Sum shall have been paid as required by 15 this Act, shall subject the same or any Part thereof to any further or other Charge, Burden, or Imposition for the Residue of the Day upon which such Payment shall have been made.

XV. The Person or Persons entitled to Tolls in any Market or Fair under this Act shall appoint such Inspectors, Weighmasters, 20 appointed by Butter-Tasters, and other Officers for the Regulation of the Market Owners as or Fair, and for the Preservation of Order therein, as the Commissioners shall deem requisite and by their Provisional Order direct, and may from Time to Time remove and dismiss all or any of such Officers, and appoint others to fill the Situation or Situations so 25 made vacant.

Case may be.

Sales else

where than in Markets prohibited under a

Penalty not exceeding 40s.

Penalty on obstructing

unwhole

XVI. After a Market or Fair authorized under this Act is opened for public Use every Person, other than a licensed Hawker, who shall sell or expose for Sale any Articles in respect of which Tolls are under this Act authorized to be taken in such Market or Fair in any Place 30 within Six Miles of such Market or Fair, except in his own Dwelling Place or Shop or in some other Market or Fair, shall for every such Offence be liable to a Penalty not exceeding Forty Shillings, or be imprisoned for any Term not exceeding One Month.

XVII. Any Officer appointed by the Owner of the Market or Fair 35 Inspector in or any Constable may seize all unwholesome Meat or Provisions removing exposed for Sale in a Market or Fair, and carry the same before a some Meat. Justice, and such Justice shall thereupon deal with the Case according to Law; and every Person who shall obstruct or hinder such Officer or Constable from seizing or carrying away such unwholesome 40

Meat

Meat or Provisions shall be liable to a Penalty not exceing Forty Shillings for every such Offence, or to be imprisoned for anv Term not exceeding One Month.

XVIII. Every Person who shall assault or obstruct any Person Penalty for obstructing 5 appointed to superintend the Market or Fair, or to keep Order therein, Market or whilst in the Execution of his Duty, shall for every such Offence be Fair Keeper. liable to a Penalty not exceeding Forty Shillings, or be imprisoned for any Term not exceeding One Month.

settle Dis

putes at Sales in a Markets extended to

Fairs or

Cases where
Amount in

exceed 51.

XIX. And whereas by "The Summary Jurisdiction (Ireland) Powers of 10 Act, 1851," it is enacted, that whenever any Dispute shall arise Parties to between any Buyer and Seller relating to the Terms of Sale, Delivery, Price, or Payment of any Article, Matter, or Thing which shall be exhibited for Sale in any Fair or Market, (and which shall not be of greater Value than Five Pounds,) it shall be lawful for any Justice 15 within his Jurisdiction either to proceed at once to hear and determine such Dispute, upon the Complaint of either Party, and in Presence of Difference both Parties, and after causing all Parties to be brought before him does not 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 20 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: The said 25 Enactment shall extend and be applicable in the Case of any Dispute which shall arise between any Buyer and Seller relating to the Terms of Sale, Delivery, Price, or Payment for any Article, Matter, or Thing in any Fair or Market where the Amount or Value of the Sum or Matter in Dispute does not exceed Thirty Pounds.

30

XX. Henceforth all local or customary Measures shall be Local and abolished; and every Person who shall within the Limits of any Measures customary Market or Fair sell by any Denomination of Measure other than One abolished. of the Imperial Measures, or some Multiple or some aliquot Part, such as Half, the Quarter, the Eighth, the Sixteenth, or the Thirty-second 35 Parts thereof, shall on Conviction be liable to a Penalty not exceeding the Sum of Forty Shillings for every such Sale, or to be imprisoned for any Term not exceeding One Month: Provided that nothing herein contained shall extend to any Wooden or Wicker Measure used in the Sale of Lime or other Articles of the like 40 Nature, or any Glass or Earthenware Jug or Drinking Cup, though represented as containing the Amount of any Imperial Measure or of any Multiple thereof, but any Person buying by any Vessel represented as containing the Amount of any Imperial Measure, or of any