Ch.X.Sec.II.] Marts, 8sc. .193 King*s patents, which concern lands, privilege, or other thing granted to a subject, corporation, or any other (a). Sixthly., The mode of vacating the patent by scire facias will be considered hereafter. Besides which its defects may be ex- posed and established by the verdict of the jury against the patentee, in an action for infringing his right : or in answer to his suit in equity for an account and injunction to prevent the further use of it. The statute of monopolies, 21 Jac. 1. c. 3. s. 2. declares that monopolies, letters patent, &c. and their force and validity, " ought to be and shall be examined, heard, tried, and determined by and according to the common laws of this realm, and not otherwise." 2. Ma7is and Fairs were originally instituted for the benefit of the public, and the better regulation of trade. As protector of commerce, the King alone possesses the power of creating markets and fairs ; nor can any one claim them but by grant from the Crown or by prescription, which supposes such grant {b); though they may exist by way of royal ordinance, without being granted to any one in particular (c). It was observed by Lord Mansfield (d), that the reason why a fair or market cannot be holden without a grant, is not merely for the sake of promoting traffic and commerce, but also for the like reason, as in the Roman law, for the preservation of order and prevention of irregular behaviour ; " ubi est multitudo ibi debet esse Rector.^* The King is also the sole judge where markets and fairs should be kept ; and therefore it has been laid down, that if he grant a market, to be holden in any particular place, which happens to be inconvenient for the public, yet it must be holden in the place appointed by the King {e). If no place be specified in the grant on which the market or fair is to be holden, the grantee may keep it where he pleases, so that he do not prejudice the rights of other grantees or create a nui- sance to the public. Where the grant states that the fair or market shall be holden in any particular town, &c it may be held in any part of it ; and though the grantee hold it for up- (a) Page's Case, 5 Co. Rep. 53. (rf) 3 Burr. 1817. (6) 2 Inst. 220. {e) 3 Mod. 127. 2 Rol. Ab. 140. (c) Hob. 22. 17 Vin. Ab. 145, Pre- Bac. Ab. Fairs, B. rog. H. C. o wards
