The right to take toll is usually (though not necessarily) a part of the privilege; and the tolls of a fair or market are due either in respect of goods sold there (that is, from the seller, not the buyer), or for stallage or pickage, or the like, in respect of stalls or polls fixed in the soil. I have seen it stated that before the granting of a fair it was customary to issue a writ of _ad quod damnum_, to inquire whether the grant would be prejudicial to any; but I doubt if the practice was at all general. If I am entitled to hold a fair or market, and another person sets up a fair or market so near mine that he does me a prejudice, it is a nuisance to the freehold which I have in my market or fair. But in order to make this out to be a nuisance it is necessary (1) That my market or fair be the elder, otherwise the nuisance lies at my own door. (2) That the market be erected within the third part of twenty miles from mine. Sir M. Hale construes the _dieta_ or reasonable day’s journey mentioned by Bracton, to be twenty miles; as, indeed, it is usually understood, not only in our own law, but also in the civil law, from which we probably borrowed it. So that if the new fair or market be not within seven miles of the old one, it is no nuisance; for it is held reasonable that every man should have a market within one-third of a day’s journey from his own home; that the day being divided into three parts, he may spend one part in going, another in returning, and the third in transacting his necessary business there. If such market or fair be on the same day with mine, it is _primâ facie_ a nuisance to mine, and there needs no proof of it, but the law will intend it to be so; but if any other day it _may_ be a nuisance; but of this there must be proof. The statute of Gloucester (1278) conferred the right of inquiring into the title of all who claimed rights usually exercised by the Crown. Where such rights were questioned, the judicial process of _quo warranto_ was set in motion. One of the principal matters about which inquisition was frequently made under this statute was the right of holding markets and fairs. This right could (as we have seen) only be conferred by royal grant, where prescription could not be pleaded. In many cases it had been assumed by those who had bought land on which fairs had usually been held, and who were then taking tolls from merchants which should in justice have gone to the King. Much curious information was obtained by means of the inquisitions conducted under this Act. This was originally recorded in the _Hundred Rolls_, and it is made free use of in this work.