in Law, a feigned action, or such as, although the words of the writ are true, yet, for certain causes, the plaintiff has no title to recover thereby.

FAIRS AND MARKETS. The intimate alliance which subsists between these institutions renders it as necessary as it is convenient to treat of them together. As the term is now generally understood, a fair is just a greater species of market, but the periodical recurrence is less frequent. Both are appropriated to the sale of one or more kinds of goods, the hiring of servants, labourers, &c. In most cases, however, fairs are more numerously attended than markets, and are generally characterized by various exhibitions got up for the amusement of the people.

The following account of the origin of fairs is given by Mr M'Culloch, in his Dictionary of Commerce. "Institutions of this sort are peculiarly serviceable in the earlier stages of society, and in rude and inland countries. The number of shops, and the commodities in them, are then either comparatively limited, or they are but little frequented by dealers; so that it is for the advantage of all that fairs should be established, and merchants induced to attend them. For this purpose various privileges have been annexed to fairs, and numerous facilities afforded to the disposal of property in them. To give them a greater degree of solemnity, they were originally, both in the ancient and modern world, associated with religious festivals. In most places, indeed, they are still held on the same day with the wake or feast of the saint to whom the church is dedicated; and, till the practice was prohibited, it was customary, in England, to hold them in churchyards. (Jacobs's Law Dict. art. Fair.) But since the growth of towns, and the opportunities afforded for the disposal and purchase of all sorts of produce at the weekly or monthly markets held in them, the utility of fairs, in this country at least, has very much diminished; they have also lost much of their ancient splendour; and, though some of them are still well attended, and of real use, a good number might be advantageously suppressed.

"But it is far otherwise in inland countries, where the facilities for carrying on commercial transactions are comparatively circumscribed. There it is of the utmost importance, that certain convenient places and specified periods should be appointed for the bringing together of commodities and dealers. This is not only the readiest and best means of promoting commerce, but also of softening national antipathies, and diffusing a knowledge of the products, arts, and customs of other countries."

In England the right of holding a fair must be derived from the crown, and, in the grant obtained, provision is made that no other fair shall be injured by the one to be established. The times of holding the fairs are determined by the letters-patent appointing the fair or market, or by usage; and penalties are imposed if they are held beyond the time specified. A bona fide sale made in a fair or open market, in general transfers the complete property of the thing sold to the vender, so that, however vicious or illegal the title of the vender may be, the vendee's is good against every one except the king. But the sale, in order to come within this rule, must be made on the market day, and at the place assigned for the market. Formerly the mayor or steward presided at a court called the court of pie powde, in allusion to the dusty feet of the suitors, where questions as to contracts, &c. were decided; but these courts are now entirely set aside. Still, as of old, however, there is a clerk appointed, whose duty it is to see that every thing is sold according to just weights and measures. There is generally a toll attached to fairs and markets, which is paid by the buyer after the thing brought to the market has been sold.

British Fairs. Amongst these may be specified that of Stourbridge, in Worcestershire. Bristol has two considerable fairs, one in March and one in September. Exeter December fair is for cattle, horses, and most sorts of commodities. Weyhill fair, in Hampshire (October 10), has probably the greatest display of sheep of any fair in the kingdom. Bartholomew fair, in London, used to be of considerable importance, but is now appropriated only to shows of wild beasts, and such like exhibitions, and might be suppressed with advantage. St Faith's, near Norwich (October 17), is the principal English fair for Scotch cattle. They are sold to the graziers and feeders of Norfolk, Suffolk, Essex, and other counties, by whom they are fattened for the London markets, where they are met with in great abundance. But besides those sold at St Faith's, large numbers of Scotch cattle are disposed of at Market Harborough, Carlisle, Ormskirk, and other places. Ipswich has two considerable fairs; one in August, for lambs, and one in September, for butter and cheese; and it is reckoned that above 100,000 lambs are annually sold at the former. Woodborough-hill, in Dorset, is for west-country manufactures, as kerseys, druggets, &c.; and Woodstock October fair, for cheese. Northampton and Nottingham have each several large fairs, for horses, cattle, cheese, &c. The August fair of Horncastle, in Lincolnshire, is the largest horse fair in the kingdom, many thousand horses being exhibited for sale during its continuance; and it is resorted to by crowds of dealers from all parts of Great Britain, by several from the Continent; and sometimes even from North America. Howden, in Yorkshire, has also a very large horse fair, particularly for Yorkshire hunters. Devizes, in Wiltshire, has several large fairs for sheep and cattle. There is usually a large display of cheese at the Gloucester April fair. A guild, or jubilee, commencing the last week of August, is held every twentieth year at Preston, in Lancashire; the last was held in 1822, and was well attended. The October fair of Market Harborough, Leicestershire, lasts nine days, and a great deal of business is usually done in cattle, cheese, &c. Woodbridge Lady-day fair is celebrated for the show of Suffolk horses. Falkirk fair, or tryst, is one of the most important in Scotland, for the sale of cattle and sheep. The October fair of Ballinasloe, in the county of Galway, is famous for the display of cattle and sheep; French Fairs. The principal French fairs are those of St Germain, Lyons, Rheims, Chartres, Rouen, Bordeaux, Troyes, Bayonne, and Beaucaire, but they are said to be for the most part much fallen off, although that which was held in 1833, at the last-named place, was the greatest which had taken place for many years.

German Fairs. The principal German, or rather European fairs, are those of Frankfort on the Maine, Frankfort on the Oder, and Leipsic. The business transacted at these fairs is in general very great. Merchants of all nations are there assembled, for disposing of the manufactures, merchandise, and productions, for which their several countries are distinguished. Frankfort on the Maine has two, and Frankfort on the Oder three fairs yearly. Leipsic has also three annual fairs, and these are by far the most celebrated. They are held on the first of January, at Easter, and at Michaelmas. The first is the least important. The two latter, particularly the former, are remarkable for the vast number of new publications usually offered for sale. They are attended by all the principal booksellers of Germany, and by many from the adjoining countries, who adjust their accounts, learn the state of the trade in all parts of the world, and endeavour to form new connections. Most German publishers have agents in Leipsic, which is to the literature of Germany what London is to that of Great Britain. As many as four thousand new publications have been in a single Leipsic catalogue. The fairs ought to close in eight days, but they usually continue for about three weeks.

Italian Fairs. Of these, the most celebrated is that of Sinigaglia, on the Misa. It commences on the 14th of July, and continues for about twenty days. Here, as at the German fairs, are assembled merchants from almost all nations.

Russian Fairs. These are numerous, and many of them are well attended. The most important is held at Nishne-Novgorod, a city situated at the confluence of the Oka with the Volga. It is the great emporium of the internal trade of Russia. The fair generally lasts from six weeks to two months, and is well known all over the east of Europe. In point of value this fair is considered as second to none in Europe. Another celebrated Russian fair is that of Kinchta, on the Chinese frontier. At this fair by far the largest part of the commerce between the Russian and Chinese empires is transacted. The goods disposed of are principally the products of the respective countries.

Eastern Fairs. The most important fair in the eastern world is that held at Mecca, during the resort of pilgrims in the month of Dhulhajja. It has declined of late years, but the concourse which attends it is still very great. The greatest fair in India is that held at Hurdwar in Hindustan. The town, although inconsiderable, is famous for being one of the principal places of Hindu pilgrimage, which takes place along with the fair at the vernal equinox.

The fairs of Portobello, Vera Cruz, and Acapulco, once so famous, are now totally deserted; and that of the Havana is also much fallen off.