Commentary

24 Confiscation of markets

MARKETS AND FAIRS vol 26(2)B
| Commentary

24 Confiscation of markets

| Commentary

F: CONFISCATION AND ABOLITION OF MARKETS

24 Confiscation of markets

In theory at least, a franchise market may be confiscated by the Crown by reason of misuse or abuse or neglect to use it1 but if a market or fair becomes unfrequented and useless and to that extent discontinued, the franchise right continues2. A fair created by a franchise cannot be abandoned3. A statutory market is not liable to confiscation by the Crown but exceeding the statutory rights can be restrained at the suit of the Attorney General4.

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