FAIR. A public mart or place of buying or selling. 1 Bla. Com. 274. A greater spe cies of market, recurring at more distant in tervals.
Though etymologically signifying a mar ket for buying and selling exhibited arti cles, it includes a place for the exhibition of agricultural and mechanical products. State v. Long, 48 Ohio St. 509, 28 N. E. 1038.
Where a fair association maintains on its grounds a 'track for horse racing, it must use reasonable care to keep such track free from danger to patrons when they are in vited or permitted to cross and while they are thus crossing ; Higgins v. Agricultural Society, 100 Me. 565, 62 Atl. 708, 3 L. R. (N. S.) 1132.
Where a city authorized the use of a street for a carnival or street fair, it was held lia ble for injurious consequences to one in jured by a defective structure therein ; Van Cleef v. City of Chicago, 240 Ill. 318, 88 N. E. 815, 23 L. R. A. (N. S.) 636, 130 Am. St. Rep. 275.
A fair is I usually attended by a greater concourse of people than a market, for the amusement of whom various exhibitions are gotten up. McCul loch, Comm. Diet.; Wharton, Diet.
A solemn or greater sort of market, granted to any town by privilege, for the more speedy and commodious provision of such things as the sublect needeth, or the utterance of such things as we abound in above our own uses and occasions. Cow
ell ; Cunningham, Law Diet. A. privileged market. A fair is a franchise which is obtained by a grant from the crown. 2d Inst. 220; 3 Mod. 123; 1 Ld. Raym. 341; 2 Saund. lt2; 1 Rolle, Abr. 106 ; Tom lin; Cunningham, Law Diet.
In the Middle Ages, the right to hold a fair meant the right to hold a court of pie-powder for the fair. Sometimes these courts were held by the mayor of a corporate town; sometimes they be longed to a lord. The law merchant was .admin istered in addition to many other kinde of Juris diction, civil and criminal. Of these, 'the Lord Mayor's Court in London, the Tolzey Court, and a branch of it sitting in fair time as a pie-powder court, at Bristol, are examples of survivals. There are many others: Derby, Exeter, Newark, Norwich, etc.; 1 Holdew. Hist. E. L. 308.
Fairs are usually recognized and regulated by statute. See AGRICULTURAL SOCIETY; FRANCHISE.