And with respect to the byelaws to be made by the undertakers, be it enacted as follows:
The undertakers may from time to time make such byelaws as they think fit for all or any of the following purposes; (that is to say,)
For regulating the use of the market place and fair, and the buildings, stalls, pens, and standings therein, and for preventing nuisances or obstructions therein, or in the immediate approaches thereto:
For fixing the days, and the hours during each day, on which the market or fair shall be held:
For inspection of the slaughter-houses, and for keeping the same in a cleanly and proper state, and for removing filth and refuse at least once in every twenty-four hours, and for requiring that they be provided with a sufficient supply of water, and preventing the exercise of cruelty therein:
For regulating the carriers resorting to the market or fair, and fixing the rates for carrying articles carried therefrom within the limits of the special Act:
. . . . . . F1
For preventing the sale or exposure for sale of unwholesome provisions in the market or fair:
And the undertakers may from time to time, as they shall think fit, repeal or alter any such byelaws; provided always, that such byelaws shall not be repugnant to the laws of that part of the United Kingdom where the same are to have effect, or to the provisions of this or the special Act, or of any Act incorporated therewith; and such byelaws shall be reduced to writing under the common seal of the undertakers, if they be a body corporate, or the hands and seals of two of the undertakers, if they be not a body corporate, and, if affecting other persons than the officers and servants of the undertakers, shall be printed and published as herein provided.
Textual Amendments
F1Words repealed by Weights and Measures Act 1963 (c. 31), Sch. 9 Pt. II
The undertakers, by the byelaws so to be made by them, may impose such reasonable penalties as they shall think fit, not exceeding [F2level 1 on the standard scale] for each breach of such byelaws F3. . ..
Textual Amendments
F2Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F3Words in s. 43 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I Group 3
No byelaws made under the authority of this or the special Act (except such as may relate solely to the officers or servants of the undertakers) shall come into operation until the same shall be allowed in the manner prescribed by the special Act, or, if no manner be prescribed, until the same shall be allowed by the justices at quarter sessions, if the market or fair be in England or Ireland, or the sheriff, if the market or fair be situate in Scotland, and in either case approved under the hand of one of Her Majesty’s principal secretaries of state; and it shall be incumbent on the justices at quarter sessions, or the sheriff, as the case may be, on the request of the undertakers, to examine into the byelaws which may be tendered to them for that purpose, and to allow of or disallow the same, as to them may seem meet.
Modifications etc. (not altering text)
C1Reference to justices at quarter sessions to be construed as reference to Crown Court: Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2
C2Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2
Provided always, that no such byelaw shall be allowed in manner herein mentioned unless notice of the intention to apply for an allowance of the same shall have been given in one or more newspapers of the county in which the market or fair shall be situated, or, if there be no newspaper in such county, in one or more newspapers of the adjoining county, one month at least before the hearing of such application; and any party aggrieved by any such byelaw, on giving notice of the nature of his objection to the undertakers ten days before the hearing of the application for the allowance thereof, may, by himself or his counsel, [F4solicitor], or agent, be heard thereon, but not so as to allow more than one party to be heard upon the same matter of objection.
Textual Amendments
F4Word substituted by virtue of Solicitors Act 1974 (c. 47), s. 89(6)
For one month at least before any such application for allowance of any byelaw a copy of such proposed byelaws shall be kept at the principal office of the undertakers, and shall be put up in some conspicuous place in the market place or fair, and all persons at all reasonable times may inspect such copy without fee or reward, and the undertakers shall furnish every person who shall apply for the same with a copy thereof, or of any part thereof, on payment of [F52½p] for every one hundred words so to be copied.
Textual Amendments
F5Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
The said byelaws shall be published in the prescribed manner, and when no manner of publication is prescribed they shall be printed, and the clerk of the undertakers shall give a printed copy thereof to every person applying for the same without charge, and a copy thereof shall be painted or placed on boards, and put up in some conspicuous part of the principal office of the undertakers, and also in some conspicuous place in the market place or fair, and such boards, with the byelaws thereon, shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward; and in case the said clerk shall not permit the same to be inspected at all reasonable times, he shall for every such offence be liable to a penalty not exceeding [F6level 1 on the standard scale].
Textual Amendments
F6Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Textual Amendments
F7S. 48 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1
The production of a written or printed copy of the byelaws requiring confirmation by the court of quarter session or the sheriff, authenticated by the signature of the judge or of the chairman of the court or the sheriff who shall have approved of the same, and requiring approval under the hand of one of Her Majesty’s principal secretaries of state, and a written or printed copy of the byelaws not requiring such confirmation or approval, authenticated by the common seal of the undertakers, if they be a body corporate, or under the hands of the undertakers, if not incorporated, or any two of them, shall be evidence of the existence and making of such byelaws in all cases of prosecution under the same, without proof of the signature of such judge, chairman, or sheriff, or such secretary of state, or the common seal or signature of the undertakers; and with respect to the proof of the publication of any such byelaws, it shall be sufficient to prove that a painted board containing a copy thereof was put up and continued in manner by this Act directed, and in case of its afterwards being displaced or damaged, that such board was replaced or restored as soon as conveniently might be, unless proof be adduced by the party complained against that such painted board did not contain a copy of such byelaws, or was not duly put up or continued as directed by this Act.
Modifications etc. (not altering text)
C3Reference to judge or chairman of the court to be construed as reference to judge presiding in the Crown Court proceedings: Courts Act 1971 (c. 23), Sch. 8 Pt. I para. 2