fair

A public mart or place of buying and selling. 1 Bl. Comm. *274. A greater species of market, recurring at more distant intervals. A fair is usually attended by a greater concourse of people than a market, for the amusement of whom various exhibitions are gotten up. McCulloch; Wharton. 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 subject needeth, or the utterance of such things as we abound in above our own uses and occasions. Cowell; Cunningham. A privileged market. A fair is a franchise which is obtained by a grant from the crown. 2 Inst. 220; 3 Mod. 123; 3 Lev. 222; 1 Ld. Raym. 341; 2 Saund. 172; 1 Rolle, Abr. 106; Tomlins; Cunningham. In the United States, fairs, in the ancient sense, are almost unknown. They are recognized in Alabama (Aik. Dig. 409, note), and in North Carolina, where they are regulated by statute (1 Rev. St. N. C. 282).

A public mart or place of buying or selling. 1 Bla. Com. 274. A greater species of market, recurring at more distant intervals. Though etymologically signifying a marof agricultural and mechanical products. State V. Long, 48 Ohio St 509, 28 N. E. 103& 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 invited or permitted to cross and while they are thus crossing; Higgins v. Agricultural Society, 100 Me. 665, 62 Atl. 708, 3 L. B. A. (N. S.) 1132. Where a city authorized the use of a street for a carnival or street fair, it was held liable for injurious consequences to one injured by a defective structure therein; Van Cleef V. aty of Chicago, 240 111. 318, 88 N. E. 815, 23 L. R. A. (N. S.) 636, 130 Am. St. Rep. 276. A fair Is usually attended by A greater concourse of people than a market, for the amusement of whom various exhibitions are gotten up. Mc Culloch, 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 subject needeth, or the utterance of such things as we abound in above our own uses and occasions. Cowell; 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. 172; 1 Rolle, Abr. 106; Tomlin; 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 belonged to a lord. The law merchant was administered in addition to many other kinds of Jurisdiction, civil and criminal. Of these, the Lord Mayor’s Court in London,, the To Uey 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 Holdsw. Hist. B, L. 808. Fairs are usually recognized and regulated by statute. See Agbicultubal Society; FsANCHisk

adj. Just; equitable; even-handed ; equal, as between conflicting interests.

— Fair abridgment. In copyright law. An abridgment consisting not merely in the arrangement of excerpts, but one involving reni and substantial condensation of the materials by the exercise of intellectual labor and judgment. Folsom v. Marsh, 9 Fed. Cas. 345.

— Fair consideration. In bankruptcy law. One which is honest or free from suspicion, or one actually valuable, but not necessarily adequate or a full equivalent. Myers v. Fultz, 124 Iowa, 437, 100 N. W. 351.

— Fair-play men. A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77; 2 Smith, Laws Pa. 195.

— Fair pleader. See Beau-pleader.

— Fair preponderance. In the law of evidence. Such a superiority of the evidence on one side that the fact of its outweighing the evidence on the other side can be perceived if the whole evidence is fairly considered. Bryan v. Railroad Co., 63 Iowa, 464, 19 N. W. 295; State v. Grear. 29 Minn. 225, 13 N. W, 140.

— Fair sale. In foreclosure and other judicial proceedings, this means a sale conducted with fairness and impartiality as respecte the rights and interests of the parties affected. La-lor v. McCarthy, 24 Minn. 419.

— Fair trial. One conducted according to due course of law; a trini before a competent and impartial jury. Railroad Co. v. Cook, 37 Neb. 435, 55 N. W. 948; Railroad Co. v. Gardner, 19 Minn. 136 (Gil. 99), 18 Am. Ren. 334.

n. In English law. A greater species of market; a privileged market. It is an incorporeal hereditament, granted by royal patent or established by prescription presupposing a grant from the crown. In the earlier English law, the franchise to hold a fair conferred certain important privileges; and fairs, as legally recognized institutions, possessed distinctive legal characteristics. Mcat of these privileges and characteristics, however, are now obsolete. In America, fairs, in the ancient technical sense, are unknown, and, in the modem and popular sense, they are entirely voluntary and non-Iegal, and transactions arising in or in connection with them are subject to the ordinary rules governing sales, etc.

In England, a larger sort of a market for the greater convenience of domestic trade, held at certain times of the year, either by grant from the crown, or by prescription which supposes a grant,

nm. In English law. <A greater species of market; a privileged market. If is an incorpureal hereditament, granted by royal patent, or established by prescription presupposing a grant from the crown. In the earlier English law, the franchise to hold a fair conferred certain important privileges; and fairs, as legally recognized institutions, possessed distinctive legal characteristics. Most of these privileges and characteristics, however, are now ebsolete. In America, fairs, in the ancient technical sense, are unknown, and, in the modern aud popular sense, they are entirely voluntary and non-legal, and transactions arising in or in connection with them aresubject to the ordinary rules governing sates, etc.

1, adj. Equal; just; proper; reasonable; equitable. See Equity. Fair abridgment. A real substantial condensation of copyrighted materials, as the result of labor and judgment. See Abrid&e. Pair average crop. Takes into account the natlure of the season and unforeseen events beyond the control of a prudent, faithful overseer.' Fair criticism. See Eeview, 3. Fair knowledge or skill. A reasonable degree of knowledge or measure of skill.4 Fair preponderance. Of evidence — a preponderance perceptible upon fair consideration. * Fair sale. A sale conducted with fairness as respects the rights of the parties affected.'' » Cole V. Hebb, 7 Gill & J. 28 (Md., 1835). a Utley v. Smith, 84 Conn. 310 (1855); Bloodgood V. Beecher, 35 id. 482 (1868). ■ Wright V. Morris, 15 Ark. 450 (1855). * Jones V. Angell, 95 Ind. 383 (1663). « [State V. Grear, 39 Minn. 235 (1882); Bryan v. Chicago, &c. E. Co., 63 Iowa, 466 (1884); City Bank's Ap- 288. Fairly. Equitably; reasonably.. In " fairly merchantable," conveys the idea of mediocrity in quality, or something just above that.^ May be deemed synonymous with " equitably." ^ But is not synonymous with "truly:" language may be truly yet unfairly reported.' See Faithfully. Fairness. In speaking of a sale, "fairness and good faith " refers to the fair dealing which usually characterizes business transactions.* 2, n'. In English law, a species of market held by grant from the crown.5 In the United States, "fairs" are governed by the law as to partnerships and sales. See Market.

[Fr. feire, feyre; Lat. ferim nund%WB7[ A larger sort of market instituted iu England for the greater convenience of domestic trade and commerce, and held at certain times of the year, either by grant from the crown, or by prescription which supposes a grant. 2 Inst. 220. 1 Bl. Com, 274. Tomlins. According to Lord Coke, every fair is a market, but every market is not a fair. 2 Inst. 406. The privilege of- having a fair is a franchise, which may be held by a town or an individual. 1 Crahh's Real Prop. 525, § 679, et seq. 2 Steph, Com. 14, 15.