Markets And Fairs Clauses Act 1847

Interpretation in this Act: U.K.

And with respect to the construction of this Act, and any Act incorporated therewith, be it enacted as follows:

2 “Special Act:” “Prescribed:” “The lands:” “The undertaking:” “Undertakers:” U.K.

The expression “the special Act” used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the construction or regulation of a market or fair, and with which this Act shall be incorporated; and the word “prescribed” used in this Act in reference to any matter herein stated shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word occurs shall be construed as if instead of the word “prescribed” the expression “prescribed for that purpose in the special Act” had been used; and the expression “the lands” shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes thereof; and the expression “the undertaking” shall mean the market or fair, and the works connected therewith, by the special Act authorized to be constructed or regulated; and the expression “the undertakers” shall mean the persons authorized by the special Act to construct or regulate the market or fair.

3 Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “Lease:” “The market or fair:” “Cart:” “Driver:” “Cattle:” “Collector:” “Month:” “Justice:” “Two justices:” “Sheriff:” U.K.

The following words and expressions in both this and the special Act, and any Act incorporated therewith, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)

• Words importing the singular number shall include the plural number, and words importing the plural number shall include also the singular number:

• Words importing the masculine gender shall include females:

• The word “person” shall include a corporation, whether aggregate or sole:

• The word “lands” shall include messuages, lands, tenements and hereditaments, or heritages, of any tenure:

• The word “lease” shall include a missive of and an agreement for a lease:

• The expression “the market or fair” shall mean the market or fair, and the works connected therewith, by the special Act authorized to be constructed or regulated:

• The word “cart” shall include waggon, and also any carriage used wholly or chiefly for the conveyance of goods:

• The word “driver” shall include the carter or other person having the care of any cart:

• The word “cattle” shall include horse, ass, mule, ram, ewe, wether, lamb, goat, kid, or swine:

• The expression “the collector” shall mean the person appointed by the undertakers to collect the stallages, rents, or tolls authorized by the special Act, shall include the assistants of the collector:

• The word “month” shall mean calendar month:

• F1 . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• F3 . . .

• [F4 The word “justice” shall mean justice of the peace acting for the place where the matter requiring the cognizance of any such justice arises; and if such matter arise in respect of lands situated not wholly in any one jurisdiction, shall mean a justice acting for the place where any part of such lands shall be situated; and where any matter is authorized or required to be done by two justices, the expression “two justices” shall be understood to mean two or more justices assembled and acting together:]

• The word “sheriff” shall mean [F5 the sheriff principal] of the [F5 sheriffdom] in Scotland in which the matter submitted to the cognizance of the sheriff arises, and shall include [F5 the sheriffs] of such [F5 sheriff principal]

• F3 . . ..

Textual Amendments

F1 S. 3 definition of "superior courts" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 1

F2 Definition of “oath” repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. VIII

F3 In s. 3 definitions of “county” and “quarter sessions” repealed (N.I.) by Statute Law Revision (Northern Ireland) Act 1980 (c. 59), s. 1, Sch. Pt. I; definitions of "county" and "quarter sessions" wholly repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1

F4 Words in s. 3 repealed (E.W.S.) (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 27(1), Sch. 10; S.I. 2005/910, art. 3(y)

F5 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Modifications etc. (not altering text)

C1 Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2