Metropolitan Fairs Act 1868

1868 CHAPTER 106 31 and 32 Vict

An Act for the Prevention of the holding of unlawful Fairs within the Limits of the Metropolitan Police District.

[31st July 1868]

Modifications etc. (not altering text)

C1 Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14)

1 Short title. U.K.

This Act may be cited for all purposes as “The Metropolitan Fairs Act 1868.”

2 Power to summon owner and occupier of ground on which fair is held. U.K.

Where any fair is holden or notice is 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 shall be competent for the Commissioner of Police to direct one of the superintendents of the Metropolitan Police Force to summon the owner or occupier of the ground upon which such fair is holden to appear before a magistrate forthwith, or at a time to be specified in the summons, to show his right and title to hold such fair; and if such owner or occupier do not attend in pursuance of such summons, or does not show to the magistrate who hears the case sufficient cause to believe that such fair is lawfully holden, the magistrate shall declare in writing such fair to be unlawful, and the Commissioner shall give notice of such declaration by causing copies thereof to be affixed on and near the ground where such fair is holden or proposed to be holden; and after such notice has been affixed for the space of six hours the Commissioner of Police may direct any constable to remove every booth, standing, and tent, and every carriage of whatsoever kind, conveyed to or being upon the ground for the purpose of holding or continuing such fair, and to take into custody every person erecting, pitching, or fixing, or assisting to erect, pitch, or fix, any such booth, standing, or tent; and every person hiring, accompanying, or conveyed in every such carriage, and every person resorting to such ground with any show or instrument of gambling or amusement, and every person convicted before a magistrate of any of the offences aforesaid, shall be liable to a penalty of not more than [F1 F2 £25][F2 level 1 on the standard scale].

Textual Amendments

F1 Words substituted by virtue of Criminal Law Act 1977 (c. 45), s. 31(5)(6)(9)

F2 Words “level 1 on the standard scale”substituted (E.W.S.) for “£25”by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

3 Service of summons. U.K.

A summons under this Act may be served on the owner or occupier of any ground personally, or by leaving the same at his usual or last known place of abode, or, if the name of such owner or occupier or his place of abode is not known to the police, by putting up such summons in a conspicuous place on the ground where the fair is holden or proposed to be holden, and it shall not be necessary to name the owner or occupier in the summons, but he may be described as the owner or occupier of the ground.

4 Act cumulative. U.K.

All powers conferred by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred by any other Act of Parliament, and any such other powers may be exercised as if this Act had not passed.

5 Construction of Act. U.K.

This Act, so far as is consistent with the tenor thereof, shall be construed as one with the Acts relating to the Metropolitan Police.