Market Overt

Market Overt

English Law: Market Overt in the Past

Market overt is an open or public market; that is, a place appointed by law or custom for the sale of goods and chattels at stated times in public.

Developments

In London, every day except Sunday, is market day. In the country, particular days are fixed for market days. 2 Bl. Com. 449.

Details

It is a general rule that sales of vendible articles made in market overt, are good not only between the parties, but are also binding on all those who have any property (see more about this popular legal topic in the U.K. encyclopedia) or right there. Id. 2 Chitt. Com. Law, 148 to 154; Comyn’s Digest (A digest of the laws of England, 1822) Market, E; Bac. Abr. Fairs and Market, E; 5 B. & A. 624; Dane’s Abr. chap. 45, a 2.

Other Aspects

There is no law recognizing the effect of a sale in market overt in Pennsylvania (see more about this U.S. State laws here). 3 Yeates’s Reports, Pennsylvania R. 347; 5 Sergeant & Rawle’s Pennsylvania Reports (Reports of Cases adjudged in the Supreme Court (see decisions, judges, etc) of Pennsylvania, by Thomas Sergeant and William Rawle), 130; in New York (see more about this U.S. State laws here) ; 1 Johns, 480; in Massachusetts (see more about this U.S. State laws here) ; 8 Mass. R. 521; 14 Mass. R. 500; in Ohio (see more about this U.S. State laws here) ; 5 Ohio (see more about this U.S. State laws here) , R. 203; nor in Vermont (see more about this U.S. State laws here). 1 Tyl. R. 341; nor indeed in any of the United States of America. 10 Pet. 161. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

  1. Partialy, this information about market overt is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including market overt.

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