King Charles the Second, by charter granted to the Corporation of Walsall two fairs, to be holden annually within the borough and foreign, and confirmed to them all markets which they then held, with a reservation of the rights of the lord of the manor; it appeared that a market had been holden immemorially in the High-Street of WaIsall until a very late period, when the corporation, finding it inconvenent, removed it out of the High-Street to another and more convenient place within the borough; the corporation had exercised acts of ownership in pulling down an old market-house and erecting a new one; the clerk of the markets, however, had been appointed by the lord of the manor, but he did not receive any toll from the persons frequenting it. The defendant having been indicted for a nuisance in erecting stalls in the High-Street after the removal of the market, the Judge, upon the trial, left it to the jury to say whether the corporation were owners of this market; adding, that if they were, the right of removal was incident to the grant. The jury having found in the affirmative, the Court refused to grant a new trial.
[1871] EngR 42 (B), (1817) 1 B and A 67
Commonlii
England and Wales
Updated: 07 September 2021; Ref: scu.280223