then next, and did thereby accordingly, adjourn the said last-men[*525] tioned * meeting to the said fourteenth day of August in the year last aforesaid, at eleven o'clock in the forenoon of the same day at the said house of S. G. the hotel in, &c. aforesaid, for the purpose last aforesaid. And the jurors, &c. do further present, that afterwards, to wit, on the said, &c. the said J. H., J. S. and L. B. there being the major part part of the said commissioners in and by the said commission named and authorized did meet at the said house of the said S. G. the hotel aforesaid, at, &c. aforesaid, pursuant to the adjournment last aforesaid, and the said W. R. then and there was brought and appeared before the said last named three commissioners, yet the said W. R. did not then and there or at any of the meetings or times aforesaid, or at any time whatsoever surrender himself to the said commissioners named in the said commission or the major part of them, and submit to be examined upon oath (he the said W. R. not being then or at any of the times aforesaid, of the people called Quakers,) by and before such commissioners or the major part of them by such commission authorized, but he the said W. R. did wilfully and feloniously make default and omit and refuse to surrender and submit to be examined as aforesaid, with an intent to defraud his creditors, against the form of the statute, &c. and against the peace, &c.

[*527] *INDICTMENTS, &c. FOR OFFENCES RAISING PRICE OF PROVISIONS BY FALSE RUMOURS, &c.

For various offences

[Commencement of information as ante 7, Lon. Ed.] That A. B. late of, &c. on, &c. at, &c. wickedly intending to enhance the price tending to of hops, did spread divers rumours and reports with respect to price of hops, by then and there openly and wickedly, in the presence and hops. (8) hearing of divers hop-planters and dealers in hops, and others,

raise the

First

count, for

(g) This was one of the indictments against Waddington on which he was convicted, 1 East Rep. 143. Hand. Prac. 153. See other modern precedents, 1 East. Rep. 167. Hand. Prac. 166. Cro. C. C. 205. 6 Wentw. 7 Burn, J. Fore

stalling, &c. Williams, J. Forestalling, &c. Starkie, 653 to 656. Old precedents, West 133-4, 329; Wi. Ent. 20; 1 Bro. 229, 230, 238. Leg. Flu. 17, 89; Her. 307, 8, 495. As to these offences, see in general, Com. Dig. Justices of Peace, B. 38.

false rum.

then being at, &c. aforesaid, declaring and publishing that the [*528] then present stock of hops was nearly exhausted, and that from spreading that time there soon would be a scarcity of hops, and that before ours in or the hops then growing could be brought to market the then pre-hance the der to ensent stock of hops would be exhausted; with intent and design price of hops, stat by *such rumours and reports to induce divers persons then preing the sent, whose names are to the said coroner and attorney hitherto rumours. unknown, being dealers in hops, and accustomed to sell hops, and [*529]

Bac. Abr. Forestalling. 4 Bla. Com. 160. Burn, J. Forestalling, &c. Williams, J. Forestalling, &c. Dick, J. Forestalling, &c. It appears to have been considered that all endeavours to enhance the common price of any merchandize, and all practices which have an apparent tendency thereto, whether by spreading false rumours, or by buying things in a market before the accustomed hour, or by buying and selling again the same thing in the same market, are criminal at com. mon law, and came under the general notion of forestalling, which included all offences of this nature, see references above, and Hawk. b. 1. c. 18. s. 1. 3 Inst. 196. Jac. Dic. Forestalling. 1 East. Rep. 165.But see the indictment and notes in the case of the King and Rusby post 556 and 2 Smith's Wealth of N. 290, 309, &c. 9th Ed. and index to ditto, title “labour” as to division of labour. Quare, whether in all these cases it ought not now to be averred and proved that the defendant intended to injure the public. Forestalling is buying, or contracting for any species of provisions, or merchandize in the way to market, or dissuading persons from bringing their goods or provisions there, or persuading them to enhance the price when there any of which practices make the market dearer to the fair trader. This has been generally considered to be an offence punishable as a misdemeanour at common law. 4 Bla. C. 160. Bac. Abr. Forestalling. Hawk. b. 1. c. 18. Jac. Dic. Forestalling. It was also punished by several ancient VOL. II.

statutes, the most important of which was the 5 and 6 Edw. I. c. 15. but that provision and all others enforcing it were repealed by 12 Geo. III. c. 71, though it is still considered as an offence at common law, as before those laws were enacted, and to subject the offender to be indicted. Regrating is the buying of corn or other dead victual in any market, and selling it again in the same market, or within four miles of the place, because, as is supposed, this practice must enhance the price of the article, as each successive purchaser must have an additional profit, 4 Bla. Com. 160. Engrossing is the buying up of a large quantity of any kind of food with a view to sell them again, by which means an individual of sufficient wealth might engross the whole of any necessary of life within a certain district, and then fix the price at which he would dispose of it at his pleasure. Id. ibid. The modern law on this subject was much considered in the case of the King v. Waddington, 1 East, 143. In that case it was decided that spreading rumours with intent to raise the price of a particular species of aliment, endeavouring to enhance its price by persuading others to abstain from bringing it to market, and engrossing large quantities in order to resell them at the exorbitant prices occasioned by his own artificesare offences indictable at common law, and subject the party so acting, to fine and imprisonment at the discretion of the court in which he is convicted. It was also held that hops, though not used imme2Q

Second

count, for

having large quantities of hops for sale, not to carry or send to any market or fair any hops for sale, and to abstain from selling such hops for a long time, and thereby greatly to enhance the price of hops; in contempt, &c. to the evil example, &c. and against the peace, &c.

That the said A. B. on, &c. aforesaid, at, &c. aforesaid, wickraising ru. edly intending and contriving to enhance the price of hops, did mours ge- openly publish and spread divers rumours and reports, with renerally

without stating them.

spect to hops, to the effect following; that is to say, that the then present stock of hops was nearly exhausted, and that there would soon be a scarcity of hops, and that before the hops then growing could be brought to market, the then present stock of hops would be exhausted; with intent and design, by such rumours and reports as aforesaid, to enhance the price of hops, in contempt, &c. to the evil example, &c. and against the peace, &c.

count, per

That the said A. B. on, &c. aforesaid, at, &c. aforesaid, un- Third lawfully endeavoured to promote and enhance the price of hops, suading by persuading and attempting to persuade divers persons dealing dealers not to bring in hops, and accustomed to sell hops, and having large quantities hops to of hops for sale, not to go to any market or fair with any hops for market sale, and to abstain from selling such hops for a long time, in serve contempt, &c. to the evil example, &c. and against the peace, &c.

but to re.

them.

count, engrossing from persons by

That the said A. B. on, &c. aforesaid, at, &c. aforesaid, did un- Fourth lawfully engross and get into his hands by buying a certain large quantity of hops, viz. 100 pockets of hops, of one W. G. [and so by buying stating many other persons, naming them] at certain large prices, viz. 157. for each and every hundred weight of all the hops contain- name to sell at exed in the said pockets, with intent to resell the said hops so by him orbitant bought for an unreasonable profit, and thereby to enhance the profit. price of hops, in contempt, &c. to the evil example, &c. and against the peace, &c.

same stat

contracts.

That the said A. B. on, &c. aforesaid, at, &c. aforesaid, did get Fifth into his hands a certain other large quantity, to wit, 3700 other count, pockets of hops by contracting with one W. G. [and many other ing the persons, naming them] to buy and take of them the said 3700 pockets of hops, and by persuading and procuring the said W. G. &c. to sell and deliver to him the said A. B. the said quantity of hops at certain large prices, to wit, at the price of 131. for each and every hundred weight of hops, which should be delivered to him, on, &c. and at the price of 141. for each and every hundred * weight delivered to him on the nineteenth of said May, and, [*530] &c. and [stating other days] with intent and design to resell the said hops, so bought and contracted for as aforesaid, for an unreasonable profit, and thereby greatly to enhance the price of hops, in contempt, &c. to the evil example, &c. and against the peace, &c.

counts.

[There were three other counts nearly to the same purport, but Other expressed in more general terms,—the seventh charging the buying large quantities of hops of divers persons, with intent to raise the prices, the eighth count same as the last ones, laying the intent to be to resell the hops at an exorbitant profit, and thereby to enhance the price,-and the ninth generally alleging that the defendant engrossed and got into his hands by buying of divers per

For vari ous offen

sons unknown, large quantities, to wit, 500 tons of hops, with a similar intention to resell them.]

[Commencement as ante 7, Lon. Ed.] That A. B. late of, &c. ces tend. on, &c. at, &c. did engross and get into his hands, by buying on ing to raise divers days and times between the twentieth day of September, the price of hops.(h) in the year of our Lord 1798, and the first of January, in the year of our Lord 1800, divers large quantities of hops, to wit, of one T. W. a certain large quantity of hops, to wit, five hundred weight of hops, [and so of twenty-five other persons by name other quantities,] with intent and design to resell the said hops so by him engrossed and bought as aforesaid for an unreasonable profit, and thereby greatly to enhance the price of hops, to the evil example, &c. and against the peace, &c.

count, purchasing

hops by a

forehand bargain.

Second That the said A. B. on, &c. at, &c. aforesaid, did engross and get into his hands, a large quantity, (to wit) fifty acres of hops, before that time planted, and then growing on certain lands of one J. A. by a certain forehand bargain, that is to say, by contracting with the said J. A. to buy and take of him the said J. A. and by persuading and procuring the said J. A. to contract, to sell, and to deliver to him the said A. B. at a certain large price, to wit, at the price of 101. for each and every hundred weight of all the hops that should be grown by the said J A. upon certain lands, situate in the parish of St. P. in the said county, in possession of the said J. A. then planted with hops by the said J. A. with intent and design to resell the hops thereof coming, and every part and parcel thereof engrossed and bought as aforesaid, for an unreasonable profit, and thereby greatly to enhance the price of hops, to the evil example, &c. and against the peace, &c.

[*531] Buying

large

*That the said A. B. on, &c. aforesaid, and on divers other days, &c. at, &c. aforesaid, did buy and cause to be bought, and quantities did get into his hands, a certain large quantity of hops, by buying of hops of of T. W. [and twenty-seven others named therein,] certain quandivers persons nam- tities of hops to wit, &c. [stating the quantities] with intent to vent them prevent the same from being brought to market for sale, and to from being resell the same for an unreasonable profit, and thereby greatly to

ed to pre

(h) This was the other indict ment against Waddington, and on which he was convicted, 1 East,

Rep. 167, Hand. Prac. 166. See notes to last precedent.