194 Maris^ (Jr. [Ch.X. Sec.lL wards of twenty years in one spot, he may remove to another within the precinct of the grant. And where a market is granted generally to a corporation, they may remove it to any place within the limits of their jurisdiction, though immemo- riallyholden in a certain place («). By the statute 13 Edw. I. e. 5. no fairs or markets shall be kept in churchyards. It is most important to remember that the King does- not grant a market or fair without a writ of ad quod damnum being previously executed (Z»). Even if that be done {c the Crown cannot liable a subject to erect a market or fair so near that of another person as to affect his interests^ therein, though the new market or fair be holden on a differ- ent day, or which occasions a damage in any respect to the public {d). Nor can the King grant that a shop shall be a market overt {e). The mode of avoiding grants from the CrowTi will be considered hereafter [f). It may not be irre- levant to remark, that if the grantee of a market under letters patent from the Crown, suffer another person to erect a market in his neighbourhood, and use it for the space of twenty-three years without interruption, he is by such user barred of his action on the case, for disturbance of his market; but this pre- sumptive bar does not it seems apply against the King {g), . By the general grant of a market or fair, the grantee is au- thorized to hold, without any express words to that effect, a court of record, called the court of pie powders, as incident to the market or fair, and for the advancement of justice there- in (//). But toll is not incident of common right to a foir or market ; therefore, if the King do not expressly authorize the grantee to take it, he cannot legally do so, though the grant contain the words ' with all its appurtenances,* and in such case the market or fair is free (/). Where, however, an old market or fair, in respect whereof toll was due by prescription, comes (a) 3 Mod. 108. 3 East, 538. 1 Selw. and B. 67. (b) Bac. Ab. Fairs, A. Burr. 1818. (c) 2 Ventr. 344. {(l) 2 Saund. 174, n. 2. 2 Inst. 406. Com. Dig. Market, C. (e) Mo. 625. See 4 Taunt. 524. (/) Seepost.ch.l2.s. 3;ch. 16. S.5. See also Burr. 1 812, as to a 2uo Warranto for setting up a market withoutauthority. (g) 1 Bos. and P. 400. 2 Saund. 175, note. 3 East, 298. 6 Ibid. 456, See post. ch. 14. as to the Crown being barred. (A) 2 Inst. 220. 4 Ibid. 272. Bac. Ab. Fairs, C. 4 Taunt. 533. Nature of it, Com. Dig. Market, G. (t) 2 Inst. 220. 2Lutw. 1336. Pal- mer's R. 78. Wood's Inst. 222. 6 East, 438, note. Stra. 1171. to
