6. forestalling, a misdemeanor; 7 regrating, a misdemeanor; misdemeanor; 6. The offence of forestalling the market is also an offence against public trade. This, which, as well as the two following, is also an offence at common law (1), was described by statute 5 and 6 Edw. VI. c. 14, to be the buying or contracting for any merchandize or victual coming 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. 7. Regrating was described by the same statute to be 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. For this also enhances the price of the provisions, as every successive seller must have a successive profit. 8. engrossing, a 8. Engrossing was also described to be the getting into one's possession, or buying up, large quantities of corn or other dead victuals, with intent to sell them again (13). This must of course be injurious to the public, by putting it in the power of one or two rich men to raise the price of provisions at their own discretion. And so the total engrossing of any other commodity, with intent to sell it at an unreasonable [*159] *price, is an offence indictable and finable at the common law (m). And the general penalty for these three offences by the common law, for all the statutes concerning them were repealed by 12 Geo. III. c. 71, is, as in other minute misdemesnors, discretionary fine and imprisonment (n). Among (1) 1 Hawk. P. C. 234. (n) 1 Hawk. P. C. 235. tence for the purpose of obtaining the Codrington, 1 C. & P. 661. See further upon this subject, 2 East, P. C. 673, 818, 819, 829, 830; 6 T. R. 565; R. & R. C. C. 81, 127, 317, 504. (13) Corn may be purchased for the purpose of storing it in granaries, and re-sale, by 31 Geo. III. c. 30; and assaults, with intent to obstruct the buying or selling of grain, or the free passage thereof, are by 9 Geo. IV. c. 31, § 26, punishable summarily before two magistrates, by imprisonment and hard labour. the Romans these offences and other mal-practices to raise the price of provisions, were punished by a pecuniary mulet (14). "Pœna viginti aureorum statuitur adversus eum, qui contra annonam fecerit, societatemve coierit quo annona carior fiat (o) (15).” misdemeanor, patent; 9. Monopolies are much the same offence in other branches 9 monopoly, a of trade, that engrossing is in provisions: being a licence or except by privilege allowed by the king for the sole buying and selling, making, working, or using of any thing whatsoever; whereby the subject in general is restrained from that liberty of manufacturing or trading which he had before (p). These had been carried to an enormous height during the reign of queen Elizabeth; and were heavily complained of by Sir Edward Coke (q), in the beginning of the reign of king James the first; but were in great measure remedied by statute 21 Jac. I. c. 3, which declares such monopolies to be contrary to law and void; except as to patents, not exceeding the grant of fourteen years, to the authors of new inventions (16); and except also patents concerning printing, saltpetre, gunpowder, great ordnance, and shot; and monopolists are punished with the forfeiture of treble damages and double costs, to those whom they attempt to disturb; and if they procure any action, brought against them for these damages, to be stayed by any extrajudicial order, other than of the court wherein it is brought, they incur the penalties of a præmunire. Combinations also among victuallers or artificers, to raise the price of provisions (17), or any commodities, or the rate of labour (18) (19), are in many cases severely punished (q) 3 Inst. 181. (0) Ff. 48, 12, 2. (p) 1 Hawk. P. C. 231. (14) As to offences which come under the three last heads, see the case of Rex v. Waddington, (which was fully discussed at the bar, and maturely considered by the bench,) 1 East, 143, 145; see also 3 M. & S. 67, as to conspiring to raise the public funds with intent to injure purchasers, which is an indictable offence. (15) "A penalty of twenty pieces of gold is imposed upon him who prevents the supply of provisions, or persuades other persons to raise the price of provisions." (16) See vol. II. c. 26, on this subject. (17) An information will be granted for a combination to fix the price of salt; Rex v. Norris, 2 Ld. Ken. 300. (18) These combinations are conspiracies by the common law, and are punishable as misdemeanors at the discretion of the court; see ante, p. 137, n. (33). The most common combination is that of journeymen manufacturers to obtain an advance of wages. Any one workman may refuse to [*160] trade not having served an apprenticeship, a by particular statutes; and, in general, by statute 2 and 3 Edw. VI. c. 15, with the forfeiture of 10. or twenty days' imprisonment, with an allowance of only bread and water, for the first offence; 20%. or the pillory, for the second; and *401. for the third, or else the pillory, loss of one ear, and perpetual infamy. In the same manner, by a constitution of the emperor Zeno (r), all monopolies and combinations to keep up the price of merchandize, provisions, or workmanship, were prohibited, upon pain of forfeiture of goods and perpetual banishment. 10. exercising a 10. To exercise a trade in any town, without having previously served as an apprentice for seven years (s), is looked misdemeanor; upon to be detrimental to public trade, upon the supposed want of sufficient skill in the trader; and therefore is punished by statute 5 Eliz. c. 4, with the forfeiture of forty shillings by the month (20). (r) Cod. 4, 59, 1. (s) See vol. I. p. 427. work till he is paid the price he pleases (19) By the 6 Geo. IV. c. 129, are repealed. By sect. 2, persons compelling journeymen to leave their employment, or to return work unfinished, preventing them from hiring themselves, compelling them to belong to clubs, &c. or to pay fines, or forcing manufacturers to alter their mode of carrying on their business, are punishable with imprisonment, with or without hard labour, for three months. The remaining clauses provide for the mode of conviction of offenders before justices of the peace. For the form and requisites of convictions for these offences under former Acts of parliament, see Rex v. Nield, 6 East, 417; Rex v. Ridgway, I D. & R. 123; 5 B. & A. 527; Paley on Convictions, 2d Ed. by Dowling, 99 et seq. By 9 Geo. IV. c. 31, § 25, assaults in pursuance of any conspiracy to raise the rate of wages, and sect. 26, assaults upon certain workmen to prevent them from working at their trades, are punishable with imprisonment and hard labour. (20) The 54 Geo. III. c. 96, § 1, repeals so much of the 5 Eliz. c. 4, as 11. transporting, or residing abroad, of arti ficers, a misde exporting tools 11. Lastly, to prevent the destruction of our home manufactures, by transporting and seducing our artists to settle abroad, it is provided by statute 5 Geo. I. c. 27, that such as meanor, also so entice or seduce them shall be fined 100%. and be impri- or machinery. soned three months; and for the second offence shall be fined at discretion, and be imprisoned a year: and the artificers, so going into foreign countries, and not returning within six months after warning given them by the British ambassador where they reside, shall be deemed aliens, and forfeit all their lands and goods, and shall be incapable of any legacy or gift. By statute 23 Geo. II. c. 13, the seducers incur, for the first offence, a forfeiture of 500l. for each artificer contracted with to be sent abroad, and imprisonment for twelve months; and for the second, 1000l. and are liable to two years' imprisonment and by the same statute, connected with 14 Geo. III. c. 71, if any person exports any tools or utensils used in the silk, linen, cotton, or woollen manufactures, excepting woolcards to North America (t), he forfeits the same and 2007. and the captain of the ship, having knowledge thereof, 1007.; and, if any captain of a king's ship, or officer of the customs, knowingly suffers such exportation, he forfeits 100%. and his employment; and is for ever made incapable of bearing any public office and every person collecting such tools or utensils, in order to export the same; shall on conviction at the assizes forfeit such tools and also 2007. (21). (t) Stat. 15 Geo. III. c. 5. provides that persons shall not exercise of London concerning apprentices are (21) All the statutes prohibiting ar- 161 CHAPTER XIII. OF OFFENCES AGAINST THE PUBLIC HEALTH, the public health are, Offences against THE fourth species of offences, more especially affecting the commonwealth, are such as are against the public health of the nation: a concern of the highest importance, and for the preservation of which there are in many countries special magistrates or curators appointed. 1. irregularity in time of plague, or qua rantine, a felony with, and with out clergy; 1. The first of these offences is a felony; but, by the blessing of Providence for more than a century past, incapable of being committed in this nation. For by statute 1 Jac. I. c. 31, it is enacted, that if any person infected with the plague, or dwelling in any infected house, be commanded by the mayor or constable, or other head officer of his town or vill, to keep his house, and shall venture to disobey it; he may be enforced, by the watchmen appointed on such melancholy occasions, to obey such necessary command: and, if any hurt ensue by such enforcement, the watchmen are thereby indemnified. And further, if such person so commanded to confine himself goes abroad, and converses in company, if he has no plague sore upon him, he shall be punished as a vagabond by whipping, and be bound to his good behaviour: but, if he has any infectious sore upon him, uncured, he then shall be guilty of felony. By the statute 26 Geo. II. c. 26, [*162] explained and amended by 29 Geo. II. c. 8, the *method of performing quarantine, or forty days' probation, by ships coming from infected countries, is put in a much more regular and effectual order than formerly, and masters of ships coming from infected places and disobeying the directions there given, or having the plague on board and concealing it, are guilty of felony without benefit of clergy. The same penalty also attends persons escaping from the lazarets, or places wherein quarantine is to be performed; and officers and watchmen neglecting their duty; and persons con |