4 Inft. c. 61.

2 Inft. 219.

§ 37. Owners and governors of fairs are to take care, that every thing be fold according to just weight and measure; and, for that, and other purposes, they may appoint a clerk of the fair or market, who is to mark and allow all fuch weights; and for his duty therein, can only take his reasonable and just fees.

§ 38. A right of taking toll is ufually annexed to a fair or market, though, in many inftances, no toll is due; in which cafe, it is called a free fair or market : for toll is not incident to a fair or market, and can Cro. Eliz.558. only exist by special grant from the king, or by prefcription; and, if the toll be unreasonable, the grant will be void.

Heddy v.
Wheelhouse,

§ 39. By the statute of Westminster, 1 Ch. 1., it is enacted, that, where perfons take outrageous toll, contrary to the common custom of the realm, in market towns, if they do fo in the king's town, the king shall seize the franchise into his own hands. And, if it be in another's town, and the fame be done by the lord of the town, the king fhall do in like manner.

§ 40. Where the king grants a fair generally, the grantee may keep it where he pleases, or rather, where he can most conveniently. And if granted to be held in a town, he may keep it in any place in the town.

$ 41. Queen Elizabeth, by her charter, granted to Henry Curwen, lord of the vill and manor of Workington, that he and his heirs might hold within the faid vill a market every Wednesday for ever. By another

charter

charter of the 2 Jac. 2., after reciting the former charter, and that the market thereby granted had not, for many years, been used, the king proceeds to grant, ratify, and confirm the fame to Henry Curwen Efq. and his heirs, in the fame words, and in as ample a manner as before, infra villam de Workington. The question was, whether the lord of the manor had a right to remove the market-place from one fituation to another within the precincts of the vill of Workington.

Lord Ellenborough." If the lord have a grant of "a market within a certain place, though he have at "one time appointed it in one fituation, he may cer"tainly remove it afterwards to another fituation, "within the place named in his grant. This was long Ante

ago fettled in Dixon v. Robinson, and, in modern "times, has been acted upon, in the cafe of Man

chefter market. There is nothing in reafon to pre"vent the lord from changing the place, within the 66 precinct of his grant, taking care, at the fame time, "to accommodate the public. Neither is there any

authority which fays, that, having once fixed it, "he is compellable ever after to keep it in the fame "place. In many instances there may be great public "convenience in the owner having liberty to remove "it; for the buildings in a growing town may take a "different direction, away from the old market-place. "If the lord, in the exercise of his right, be guilty of any abufe of the franchise, there may be a remedy "of another nature. The right of removal, however, "is incident to his grant, if he be not tied down to a "particular

VOL. III.

U

A Forest.

"particular spot by the terms of it. Till it be re"moved, the public have a right to go to the place "appointed, without being deemed trefpaffers: but "after the lord has removed it, of which public no"tice was given in this cafe, the public have no longer

a right to go there upon his foil. If a private injury "has been sustained by any individual, who has been "deceived by the lord having holden out to him a "particular site for the market-place, in order to "induce him to purchase, or build there, for the "convenience of it, that may be the fubject of an

action, to recover damages for the particular injury "sustained by that individual; but does not preclude "the lord's general right to remove the market."

§ 42. Another franchise, annexed to real property, 4 Inft. c. 73. is that of having a forest, chafe, park, or warren, with a right of killing all forts of

2 Comm. 415.

Lib. 2. c. 24. f. I.

game therein.

Upon the establishment of the Normans in England, it became a principle of law, that the right of pursuing and taking all beafts of chafe or venary, and fuch other animals as were accounted game, belonged to the king, or to thofe perfons only, who were authorized by him.

$ 43. Thus, Bracton fay: "Habet etiam (Rex) de jure gentium in manu fuâ, quæ de jure naturali deberent effe communia; ficut feras beftias, et aves non domefticas."

$ 44. In

§ 44. In confequence of this right, the first kings of the Norman line not only referved to themselves the fole and exclusive property of the antient forefts, but alfo created others of greater extent, particularly the New Forest in Hampshire; and placed them under the 1 Inft. 300. jurisdiction of particular courts, and established a variety

of officers, for the purpose of preferving the game in those forests.

$ 45. Manwood has defined a foreft to be "a cer"tain territory or circuit of woody grounds and "pastures, known in its bounds and privileges, for "the peaceable being and abiding of wild beafts and "fowls of foreft, chafe, and warren, to be under "the king's protection, for his princely delight, replenished with beasts of venary and chase, and great * coverts of vert, for fuccour of the faid beasts: for pre"servation whereof, there are particular laws, privileges, and offices, belonging thereunto."

66

Treat. of the
Foreft Laws,
Ed. 1717.

§ 46. Manwood fays, that vert and venifon are the 345,350, 4 Inft. 316. two great ornaments of a foreft. The word vert is derived à viriditate, greennefs; and comprehends all trees and underwood, growing in a foreft, and bearing green leaves, which may cover or feed the deer. The word venifon comprises every beaft of the foreft or chafe, which is taken by hunting: and all the pleas of the forest are, vel de viridi, vel de venatione.

§ 47. It is well known, that the laws, which were made for the preservation of the game in the king's forests were fo cruel, that the repeal of them was most anxiously

U 2

355.

153.

4 inft. 314.

anxiously required: and that the charta de foreftâ, by which their vigour was mitigated, gave as much fatiffaction to the people, as even magna charta.

§ 48. Several of these forefts were, in courfe of time, granted by the crown to great lords, as a reward for their services; by which means, they acquired the royal franchise of a forest. And Manwood says that, where the king, being feised of a forest, granted it by letters patent to a subject, by the name of a forest, habendum cum omnibus incidentibus, appendiciis, et pertinentiis, the grantee took it as a foreft; and all the officers who belonged to the foreft remained as they were before, excepting only a chief justice in eyre.

$ 49. The fame author also says, it appears from the records of the court of the Dutchy of Lancaster, that, in the reigns of Edw. 2. and Edw. 3., the Earl of Lancaster had a forest in the counties of York and 1 Inft. 233 a. Lancaster, and executed the foreft laws there, as largely as ever any king did before.

Idem.

A Free Chase.

$ 50. Lord Coke fays, that beasts of foreft are properly hart, hind, buck, hare, boar, and wolf, but legally all wild beasts of venary; and that it was refolved by the king's counfel, that capreoli, (that is) roes, non funt beftia de forestá, eo quòd fugant alias feras.

§ 51. A free chafe is a right of hunting and killing game over a certain district, derived from a royal grant,

or