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New Market


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 Royal Commission

 Application of L.T.A.


To set up a " market " means a provision of facilities for a concourse of buyers and sellers Scottish (Co.-operative
Wholesale Soc. V Ulster Farmers mart Co. 1960 A.C. 63)

Market (written mercat, Fr mercatus, L.) a public time and appointed place of buying and
selling ; also purchase and sale
" (Wharton Law Lex : cp. Fair : see I BI Com . 274 )

A Market may be granted without metes and bounds but generally will be restricted to the anciently accustomed day or days ( A G V Horner ) (Biddle V Herbert ) (Macfarlane V Lanarkshire County Council )

The market place is a recognized designated area set aside for all equally without hindrance, to be able to display their goods and sell their wares. A market at common law is the franchise right of having a concourse of buyers and sellers to dispose of commodities in respect of which the franchise is given. No one can have, in law, a franchise of market, or ' a free market ', as it is sometimes called without a grant from the Crown or the authority of Parliament. In olden times the rights to hold a market were conferred by a King or Lord. For this privilege money was paid, and market rights became very valuable and was consequently a coveted privilege and which gave rise to frequent disputes. The franchise gives the holder the sole and exclusive right of holding markets within certain limits , and although any person, provided he does not interfere with existing market rights, may make provision for a concourse of buyers and sellers upon his land , such a concourse , if not held under franchise or statute, is not a market in law and will not enjoy the privileges of a franchise market. Markets and fairs, although probably of different origins , have always been treated in law as possessing nearly the same incidents. Indeed , the word market is sometimes employed to include ' fair ' and Coke said that ' every fair is a market , but every market is not a fair.

The main distinction between markets and fairs at common law appears to be that, as a rule, fairs are held once, or at most on a few occasions during the year, whereas markets are held once, if not on several days, in each week . The two franchises are, however, separate and distinct, and of equal dignity, and may exist together in the same manor. If there is any other distinction, it is that the market is usually given over entirely to business, whilst amusements have a recognized place in a fair . To-day nearly all market rights are owned and controlled by the corporation of the City or the County Council.

Many towns had for instance a large open square or market place, as Chester had in which the market was held, traders erected their stalls and displayed their wares. Some still remain, cattle markets are still held in a similar way but are now very distinct from ordinary markets .

The Public Market finds its lineal decent in custom and usage over, many centuries, it is important to note that there is no specific market charter, however charters have governed the trade of Chester since the middle ages . It was not until the time of Henry VII ( 1506 ) that Chester Corporation were given control and the right of a market for meat and fish . Charles II (1684 ) later gave the right of a fair for cattle and horses .

It is significant to note the importance of an act in the time of William IV ( 1835 ) an act to provide for the Regulation of Municipal Corporations in England and Wales section 1 of this Act, repealed so much of all Laws , Statutes, and Usage's, and so much of all Royal and other charters, Grants and Letters Patent now in force; as are inconsistent with or contrary to the Provisions of this Act ;

Subsequently Parliament substituted Local Acts of Parliaments which did not take away the right to hold a market but clarified the nature of the new grant given. However Chester City Council were to take the advice of an eminent scholar, Mr. Herbert Chitty who viewed the various Charters of the City

The Chester Improvement Act 1845 .

Market and Fairs 1847 .
Section 36.
Stallages, tolls &C. may be varied from time to time in no case exceed the amounts authorized by the special Act .
Section 37.
Penalty on taking a greater toll than authorized .
Section 39.
Disputes respecting tolls , settled by Justice .
Section 41.
List of tolls &c. to be set up in conspicuous places .

The Chester Improvement Act 1884 .

1929 The Chester Corporation Act
Excluded from repeal By the County Council Act of 1980 sections (30 other than in subsection (1) sections 30 (2) (3) and (7) 31, 32 , 46,48, 49, N/A) and 75-82
Section 74 " In place of all or any of the stallages and tolls specified in the fifth schedule to the Act of 1884 the Corporation may demand and take stallages, rents and tolls as if the market had been provided under the Public Health Acts "
Section 75 Further powers as to the removal and alteration of market halls and market places
Section 76 Erection of offices shops &c.
Section 77 Use of market place for fairs
Section 78 Use of market place for public meetings &c.
Section 79 Powers to take possession of stalls for non - payment of rent &c.
Section 80 As to emanciated or diseased animals
Section 81, 82 Extension of sections 116 to 119 0f Public Health Act 1875 & Powers of veterinary inspector

Landlord and Tenant Act 1954
December 1966 Council Meeting
Chester City Council contribute to the costs of legal proceedings in which
Huddersfield Corporation were involved, relating to the application of the Landlord and Tenant Act 1954, to tenants in retail markets . The Act was adopted at Chester with agreements first being given to the shops and later to the ' B ' units .

The old market which had opened March 10th 1863 was moved 50 yards and on June 20th 1967 a new market was opened, the award winning design had failed to materialize due to the cost, it became obvious that there were problems, the food area had not been situated above the storage and loading bay facilities to the rear of the market. This would have helped with the pedestrian flow through the market hall to the rear of the hall . The back of the market has subsequently always been a poor trading area, it left the Traders and Council with definite problems of profitability. The market was zoned accordingly the front area paying a higher rental figure. The market still maintains this 60 's feel today with the same Grid Iron layout .