other persons unknown, to the number of three at least, were assembled and armed as stated in the indictment. A variance between the indictment and evidence as to the kind of arms with which they were armed, does not seem to be material; if it be proved that the defendants were armed either with "fire arms," or such other "offensive weapons" as are within the meaning of the act, it should seem to be sufficient. And in R. v. Cosans, 1 Leach, 342, 343 n., the court held that not only guns, pistols, daggers, and other instruments of war, but also bludgeons (properly so called), clubs, and such other things as are not in common use for any other purpose but as weapons, are within the meaning of the act. See R. v. Hutchinson, 1 Leach, 342. A common whip, however, has been holden not to be an offensive weapon within the act. R. v. Fletcher, 1 Leach, 23. Also, if in the heat of an affray, a man catch up a hatchet accidentally, this is not within the meaning of the statute. R. v. Rose, 1 Leach, 342 n. Also, to bring the case within the statute, it must appear that the parties had deliberately assembled, for the purpose charged in the indictment.

The purpose for which the defendants assembled, is proved, either expressly, by the evidence of an accomplice or the like; or impliedly, by evidence of circumstances from which the jury may fairly presume it.

Indictment for assisting in the running of uncustomed goods.

The same as the last precedent, except that instead of the words 66 were assembled and gathered together in order to be aiding and assisting," you insert these words "were aiding and assisting, and then and there feloniously and unlawfully did aid and assist" in, &c.

Felony, death. 52 G. 3. c. 143. s. 11. See the last precedent. See stat. 8 G. 1. c. 18. s. 6. 9 G. 2. c. 35. s. 13. 19 G. 3. c. 69. s. 9, 12.

Evidence.

Prove that the defendants, or the defendants and others, to the number of three at least, armed as mentioned in the evidence under the last precedent, were aiding and assisting in doing that which is charged against them by the indictment, as, for instance, in running or landing uncustomed goods, &c. Reasonable proof must be given of the goods being uncustomed; that is, evidence must be given of some facts or circumstances from which the jury may fairly presume it. See R. v. Shelley, 1 Leach, 340 n. and see 12 G. 1. c. 28. s. 8.

Indictment for shooting at a ship belonging to his Majesty's navy.

Kent, to wit: The jurors for our lord the King upon their

oath present, that J. S., late of the parish of B. in the county of K., mariner, being an evil disposed person, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, feloniously and maliciously did shoot at and upon a certain ship and vessel [or boat] belonging to his said Majesty's navy, [or in the service of the customs or excise], called The the said ship and vessel being then within the limits of a certain harbour [port or creek] of Great Britain called to wit, at the parish aforesaid in the county aforesaid: against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity.

An

Felony, death. 52 G. 3. c. 143. s. 11. The venue may be laid in any county. Id. and see 48 G. 3. c. 84. s. 8. The statute also expressly extends to this offence if committed on the high seas within 100 miles from the coast of Great Britain or Ireland. indictment on the same section of the statute, før shooting at, maiming, or dangerously wounding an officer of the army or navy, or any person acting in his aid, whilst in the execution of his duty under any act relating to the customs or excise, may readily be framed from the above precedent.

Evidence.

Prove that the defendant shot at the ship or vessel, &c. mentioned in the indictment; the malice will be presumed, until the contrary be shewn upon the part of the defendant. Prove also that the vessel in question belonged at the time to his Majesty's navy, or was in the service of the customs or excise, as stated in the indictment; which may be done, it should seem, by parol testimony, without any documentary evidence. And prove that the vessel, at the time, was within the limits of the harbour mentioned in the indictment.

Indictment for lighting a fire on the coast, as a signal to a smuggling vessel.

Kent, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., labourer, being an evil disposed person, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, between the hours of nine and ten in the evening of the same day, within six miles of a certain part of the coast and shores of Great Britain, to wit, at the parish aforesaid in the county aforesaid, did unlawfully make and aid and assist in making, and was then and there unlawfully present for the purpose of aiding and assisting in making, a certain light, fire, flash and blaze, for the purpose of making and giving a signal to some person and persons to the jurors afore

said unknown, on board a certain smuggling ship and vessel [or boat] there being, to wit, at the parish aforesaid in the county aforesaid: against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity.

Fine 100., or imprisonment and hard labour for a term not exceeding a year. 47 G. 3. sess. 2. c. 66. s. 34. The quarter sessions have cognizance of the offence. R. v. Cock, 4 M. & S. 71.

Evidence.

All the prosecutor has to prove, is, that the defendant lighted the fire, or was present aiding and assisting in doing so, in some part of the county, within six miles of the coast. It is not necessary for him to prove that any smuggling vessel was in fact within sight, or hovering off the coast, at the time; and it is for the defendant to prove (if he can) that the fire, &c. was not lighted with the intent charged in the indictment. 47 G. 3. sess. 2. c. 66. s. 34.

SECT. 2.

Forestalling, regrating, engrossing.

Indictment for forestalling.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S, late of the parish of B. in the county of M., labourer, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, at the parish aforesaid in the county aforesaid, unlawfully did buy, and cause to be bought of and from one J. N., three hundred pounds weight of cheese, for the sum of three pounds ten shillings, as he the said J. N. then and there was coming towards London, to wit, to a certain market called Leadenhall Market, in London aforesaid, to sell the said cheese, and before the same was brought into the said market where the same should be sold: in contempt of our said lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. This offence is described by stat. 5 & 6 Ed. 6. 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.

Evidence.

Prove the purchase of the cheese, as stated in the indictment; the quantity is immaterial. And prove that it was purchased on the way to the market, and before it arrived there.

Indictment for regrating.

Commencement, as in the last precedent.] in the county aforesaid, in a certain market there called did buy, obtain, and get into his hands and possession ten geese, thirty ducks, and eighteen drakes, of and from one J. N., for the sum of four pounds and nine shillings, (the said geese, ducks, and drakes, then being brought to the said market by the said J. N. to be sold); and afterwards, to wit, on the day and year aforesaid, he the said J. S., at the parish aforesaid in the county aforesaid, in the said market there [or in a certain other market called situate within four miles of the market aforesaid, to wit, in the parish of in the county aforesaid], unlawfully did regrate the said geese, ducks, and drakes, and sell the same again to one A. C. for the sum of five pounds in contempt of our said lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. This offence is described by stat. 5 & 6 Ed. 6. c. 14, to be the buying of corn or other victual in any market, and selling it again in the same market, m in any other market within four miles thereof.

Evidence.

Prove the purchase and resale, as stated in the indictment. A variance between the indictment and evidence in the number of geese, &c. or the price at which they were bought or resold, does not seem to be material. Nor does it appear to be necessary, to constitute the offence, that the defendant should have derived profit from the resale.

Indictment for engrossing.

Commencement, as ante, p. 353.] in the county aforesaid, unlawfully did engross and get into his hands, by buying of and from one J. Ñ., fifty quarters of wheat, to the intent to sell the same again for lucre, gain, and profit: in contempt of our said lord the King and his laws, to the evil example of all

others in the like case offending, and against the peace of our lord the King, his crown and dignity.

Fine or imprisonment, or both. This offence is described by stat. 5 & 6 Ed. 6. c. 14, to be the getting into one's possession, or buying up of corn or other dead victual, with intent to sell it again.

Evidence.

Prove the purchase; and prove the intent, either by the defendant's admission, or by proof of his having actually resold the corn, or by proof of some other circumstances from which the jury may presume it.

SECT. 3.

Enticing artificers to leave the kingdom.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., labourer, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, at the parish aforesaid in the county aforesaid, unlawfully did contract with and entice, and endeavour to persuade, solicit, and seduce one J. N., a manufacturer, workman, and artificer of and in iron, steel, and brass, then and there being, to go out of this kingdom into a certain foreign country called France, and which said foreign country was not then within the dominion of, or belonging to the crown of Great Britain: against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity.

5001. fine and a year's imprisonment, for the first offence; and 10001. fine and two years' imprisonment for the second. 23 G. 2. c. 13. s. 1. The words in the statute are 66 any manufacturer, workman, or artificer of or in wool, mohair, cotton, or silk; or of or in any manufactures made up of wool, mohair, cotton, or silk; or any of the said materials mixed one with another; or of or in iron, steel, brass, or any other metal; or any clockmaker or watchmaker; or any other manufacturer, workman, or artificer of or in any other of the manufactures of Great Britain or Ireland, of what nature or kind soever." See 22 G. 3. c. 60. s. 1, as to persons employed in the printing of calicoes, &c. or in making blocks, tools, &c.: 25 G. 3. c. 67. s. 6, us to persons employed in making tools or utensils for the iron