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The location must be a shop in the City of London or a market overt.
There are no markets overt in Wales or Scotland.
The law relating to markets overt is an anomalous survival of a bygone era.
Since they had been sold in 'market overt', the purchaser was able to keep them.
A buyer does not obtain good title except in the limited case of a market overt between hours of sunrise and sunset.
Sale in market overt.
A market overt is a market, constituted under statute, by royal charter or by long standing custom.
No market overt.
Jersey courts do, however, look at Norman customary law and it appears that the existence of any kind of market overt rule has not been fully explored.
Market overt applies in Victoria, South Australia, Western Australia and Tasmania.
It is therefore not surprising that few questions are asked by the purchasers in markets overt and that these places are commonly used for disposing of stolen property.
Market overt is expressly excluded in New South Wales, Queensland and, by inference, in the Australian Capital Territory.
Market overt or Marché ouvert (Law French for "open market") was an English legal concept originating in mediaeval times governing subsequent ownership of stolen goods.
A person who receives current coins for value and in good faith, and a purchaser of goods in open market ('market overt') in good faith, acquires a good right even from a thief.
The innocent purchaser of goods openly offered for sale in the City of London or in a market overt obtains a good title to those goods irrespective of the title of the seller.
If the chattel has been purchased through a dealer or auction house or in market overt 'it cannot be recovered from the first purchaser or any subsequent bona fide purchaser, unless he is compensated for the purchase-money paid'[Art.
'Where goods are sold in market overt, according to the usage of the market, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller.'
It was held that Maidstone market was a market overt because it was established by charter in 1747 and that the innocent purchaser obtained a good title to the car because it was customary at Maidstone market for goods to be sold by private treaty after the auction.