For forestal ling lambs in their way to a BY FORESTALLING. That A. B. late of, &c. on, &c. at, &c. did buy and cause to be bought, of and from one C. D. divers, to wit, thirty lambs, then and there coming and being driven towards a certain market in the county of E. for the sale of oxen, heifers, cows, sheep and lambs, (among other things,) called Rumford market, for the purpose of being exposed to sale, and sold in the said market, and before the same were brought into the said market, where the same should have been sold, in contempt, &c. to the evil example, &c. to the great prejudice of all the liege subjects of our said lord the king, resorting to and living near to the said market, and against the Second count. peace, &c. And the jurors, &c. do further present, that the said A. B. on the said, &c. at &c. aforesaid, did forestall a certain market to be holden and held in Rumford, in the said county of E., &c. on, &c. for the sale of oxen, heifers, cows, sheep and lambs, (among other things,) by then and there, to wit, on the said, &c. aforesaid, at, &c. aforesaid, buying and causing to be bought, of and from a certain person to the jurors aforesaid unknown, divers, to wit, thirty lambs, as and whilst the same were in the way to the said market, and then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, coming and being driven towards the said market, the said A. B. at the time of buying the said thirty lambs, then and there well knowing that the said thirty lambs were then and there in the way to the said market, and going and being driven thither for the purpose of being exposed to sale, and sold in the said market, on the said, &c. in contempt, &c. [conclusion as in first count.] The like for forestalling of several persons in one count. (1) That C. D. late of, &c. on, &c. at, &c. did buy and cause to be bought, of and from one R. G. two cows and two calves, and did then and there buy and cause to be bought, of and from one E. D. two other cows and two other calves, and did also then and there buy and cause to be bought, of and from a certain person called Mister S. three other cows and three other calves, and did also then and there buy and cause to be bought, of and from a certain other person called young Godfrey, one other cow and one other calf, which said cows and calves respectively were then and there coming, and being driven towards a certain market in the city of London for the sale of oxen, heifers, cows and calves, among other things, called Smithfield market, for the purpose of being exposed to sale and sold in the said market, and before the same were brought unto the same market, in contempt of our said lord the (k) This was the indictment against S. Matthew, A. D. 1801. From Crown Office. See other precedents, ante, 530, 531. Cro. C. C. 8th Ed. 205. 7 Ed. 373. Burn, J. Forestalling, and see notes ante, 527. and post. 536, n. r. and Starkie, 653. (4) This was the indictment against R. Lacock, A. D. 1801, from Crown Office. See ante, 527. and post. 536. n. r. [*534] king and his laws, to the evil example of all other persons in the like case offending, to the great prejudice of all the liege subjects of our said lord the king, resorting to and living near to the said market, and against the peace of our said lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, Second Count. do further present, that the said R. L. on the said thirteenth day of March* in the fortieth year aforesaid, at the parish aforesaid, in the said county of M., did forestall a certain market to be holden and held in West Smithfield, in the city of London, on the fourteenth day of March, in the year aforesaid, for the sale of oxen, heifers, cows and calves, among other things; by then and there, to wit, on the said thirteenth day of March, in the year aforesaid, at the parish aforesaid, in the county of M. aforesaid, buying and causing to be bought, of certain persons to the jurors aforesaid, unknown, eight cows and eight calves, as and whilst the said cows and calves were in the way to the said market, and then and there, to wit, on the said thirteenth day of March, in the year aforesaid, at the parish aforesaid, in the said county of M., coming and being driven towards the said market for the purpose of being exposed to sale and sold in the said market, on the said fourteenth day of March, in the year aforesaid, and before the said cows and calves. were brought unto the said market, he the said R. L. at the time of buying the said cows and calves then and there well knowing that the said cows and calves were then and there in the way to the said market, and going and being driven thither for the purpose of being exposed to sale and sold in the said market, on the said fourteenth day of March, in the year aforesaid, in contempt of our said lord the king and his laws, to the evil example of all other persons in the like case offending, to the great prejudice of all the liege subjects of our said lord the king, resorting to or living near the said market, and against the peace of our said lord the king, his crown and dignity. BY ENGROSSING. Carmarthenshire, to wit. That A. B. late of, &c. on, &c. at, &c. For engrosaforesaid, did engross and get into his hands by buying of and from sing. (m) divers persons to the jurors unknown, a large quantity, to wit, four thousand quarters (n) of wheat, with intent to sell the same again for lucre, gain and profit, (o) to the evil example, &c. and against (m) This was the indictment against R. M. Phillips, A. D. 1800, obtained from the Crown Office. See other precedents, ante, 529, 532. Cro, C. C. 7th Ed. 374. 8th Ed. 205. Burn, J. Forestalling, 2 Starkie, 654. And as to the law, see ante, 527. n. h. (n) The quantity must be stated, 1 East, 583. (0) Other precedents conclude more properly "to the intent to sell the same again at an unreasonable profit, &c." 2 Stark. 654. antc, 529, 532. [*535] The like in the* peace, &c. [there were three other counts for engrossing other articles similar in point of form.] That A. B. late of, &c. on, &c. at, &c. did nulawfully engross another form. and get into his hands by buying of and from one A. S. 50 quarters of wheat, to the intent to sell the same again at an unreasonable profit, to the evil example, &c. and against the peace of, &c. (P) For regrating wheat. (9) BY REGRATING. That A. B. late of, &c. on, &c. at, &c. in a certain market there called Saint Alban's market, unlawfully did buy, obtain and get into his hands and possession, of and from one C. D., a large quantity of wheat of the growth and produce of this kingdom of Great Britain, to wit, seven loads of wheat of the growth and produce of this kingdom of Great Britain, at and for the price or sum of forty-four shillings, for each and every load of the said seven loads of the said wheat (part of the said wheat by way of sample of the said seven loads then being brought to the said market, by the said C. D. for the sale of the said seven loads in the same market;) and afterwards, to wit, on the said, &c. he the said A. B. at, &c. aforesaid, in the same market, there called St. Alban's market, unlawfully did regrate the said seven loads of wheat, and sell the said seven loads of the said wheat again to one E. F., at and for the price or sum of two pounds twelve shillings and sixpence, for each and every load of the said wheat, with a deduction of five shillings on the whole price of the said seven loads of wheat, being allowed or thrown back by the said A. B. to the said E. F., in contempt, &c. to the evil example, &c. and against the peace, Second count. &c. And the jurors, &c. do further present, that the said A. B. afterwards to wit, on the said, &c. at, &c. aforesaid, in a certain market, there called Saint Alban's market, unlawfully did buy, obtain and get into his hands and possession, of and from the said C. D. a large quantity of wheat of the growth and produce of this kingdom of Great Britain, to wit, seven loads of wheat of the [*536] growth and produce of this kingdom of Great Britain, at and for the price or sum of forty-four shillings, for each and every load of the said seven loads of the said wheat, the said seven loads of the said wheat then being brought to the said market by the said C. D. for the sale of the said seven loads of wheat in the same market, (p) See last precedent and notes. dent ante, 527. n. h. See other precedents, Cro. C. C. 7th Ed. 373. 8th Ed. 205. Burn, J. Forestalling, 2 Stark. 654. And as to the law, see ante, 527. n. h. and post. 536, 537. and afterwards, to wit, on the said twenty-ninth day of November; in the year aforesaid, he the said A. B. at the parish aforesaid, within the borough aforesaid, in the county aforesaid, in the same market, there called Saint Alban's market, unlawfully did regrate the said seven loads of wheat and sell the said seven loads of the said wheat again to the said E. F., at and for the price or sum of two pounds twelve shillings and sixpence for each and every load of the said seven loads of the said wheat, five shillings being allowed or thrown back by the said A. B. to the said E. F. from the whole amount of the price of the said seven loads of wheat, in contempt, &c. [conclusion as in first count.] And the jurors, &c. do further Third count. present, that, &c. [like the first count only omitting the words "get into his hands and possession" and charging and buying only.] And the jurors, &c. do further present, that, &c. [like the second Fourth count. count, only omitting the words "get into his hands and possession," and charging the buying only.] There were two other counts varying only from the three last in the mode of stating the quantity and price of the wheat,-viz. the fifth " a large quantity," to wit, seven loads of wheat of the growth and produce of Great Britain, (the said wheat being brought, &c.) at the price, &c. and the sixth, "a large quantity," to wit, at the price, &c. (the said wheat being, &c.) [Commencement as ante, 1 and 2.] That J. R. late of, &c. on, The like for &c. at London aforesaid, that is to say, at the parish of Allhallows regrating. (") (r) This was the indictment against Rusliby Hil. Term 40 Geo. III. The defendant was convicted, and after an ineffectual application for a new trial, Mr. Law (the now chief justice) Mr. Sergeant Best, and Mr. Marryatt moved in arrest of judgment on the grounds that the act of regrating as described in 6 Edw. 6. (now repealed) and mentioned as a crime by that act, is not an offence which now exists, as such, at common law, and that though the word regrator occurs in the statute of Edward the Sixth and other statutes, yet there is no statute to be found which describes a regrator, per se, as buying and selling again in the same market as a crimi nal, nor can any indictment so framed be found, or that selling again in the same market on the same day was ever recognized as a crime-that by the stat. of the 31 Hen. III. st. 6. s. 3. it is nothing more or less than an huckster, and that the reselling in the same market is no where recognized as an ingredient of regrating, or is recognized as an offence, but as an huckster mentioned indiscrimi nately, not as a principal, eo nomine, [*537] Other counts. [*538] Barking, in the ward of Tower in London aforesaid, in a certain market there called the Corn Exchange, unlawfully did buy, obtain and get into his hands and possession, of and from J. S., J. G., and J. H., a large quantity of oats of the growth and produce of this kingdom of Great Britain, to wit, ninety quarters of oats of the growth and produce of this kingdom of Great Britain, at and for the price or sum of forty-one shillings, for each and every of the said ninety quarters of oats, part of the said oats, by way of sample of the said ninety quarters of oats, then being brought to the said market by the said J. S., J. G., and J. H., for the sale of the said ninety quarters of oats in the same market; and afterwards, to wit, on the same, &c. he the said J. H. at L. aforesaid, that is to say, at the parish and ward aforesaid, in L. aforesaid, in the same market there called the corn exchange, unlawfully did regrate a large quantity, to wit, thirty quarters of the said oats, and sell the said thirty quarters of the said oats again to one W. H., at and for the price or sum of forty-three shillings for each and every of the said thirty quarters of the said oats, in contempt, &c. to the evil example, &c. and against the peace, &c. Second count same as the first except in charging only that the defendant "did buy" the oats, omitting the words "obtain and get into his hands and possession." Third count same as the first only for thirty instead of ninety quarters. Fourth count varying from the third as the second does from the first by merely saying "did buy," and stating the quantity at 30 quarters. Fifth count like the first, stating that ninety quarters were obtained, and but thirty regrated.* Sixth count like the fifth only omitting the allegation respecting the sample, and saying only "did buy." Seventh count like the sixth, except saying "did buy, obtain and get into his hands and possession," and stating thirty in both places as obtained and regrated. &c. which is the denomination given 156, 177. Godbolt, 131. 2 Brownl. 108. Cro. Car. 231. Upon this suggestion the court granted a rule to show cause why judgment should not be arrested, and after argument, the court were divided in opinion, and no judgment was passed upon the defendant. |