BY REGRATING.

For re. grating wheat.(p)

Second

count.

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 six-pence, 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, &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

(p) This was the indictment against W. Joceline, A. D. 1802, obtained from the Crown Office, see precedents and notes referred to in precedent ante 527*. n. g. 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. g. and post 536, 537.

of wheat of the growth and produce of this kingdom of Great [*536] 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, and afterwards, to wit, on the said twentyninth 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 present, that, &c. [like Third the first count only omitting the words " get into his hands and possession" and charging a buying only.] And the jurors, &c. do Fourth further present, that, &c. [like the second 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.)

count.

count.

[Commencement as ante 1* and 2*.] That J. R. late of, &c. The like on, &c. at London aforesaid, that is to say, at the parish of All

for

regra

ting.(q)

(9) This was the indictment against Rushby, 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

[*537] hallows * 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. snd 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

selling again in the same market as
a criminal, nor can any indictment
so framed be found, or that sel-
ling 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 a huckster, and
that the reselling in the same mar-
ket is no where recognised as an
ingredient of regrating, or is re-
cognized as an offence, but as a
huckster mentioned indiscrimi-
nately, not as a principal, eo no-
mine, that is a statute against fore-
stallers by selling it again to re-
grators: they are not describing
the offence of regrating as consist
ing of any thing in the reselling of
the article, but is understood,
merely as a huckster, that statute
being repealed which mentioned
the crime, and which gave it ex-
istence that statute existing no
longer which was a declaration of
what was the common law on the
subject, in consequence of the re-
peal of that statute, it not only
does away the offence itself but re-
pealed the explanation: the sta-
tute is therefore to be considered as

if it had no existence; and if it be so, we are to look to the antiquity of the cases to know whether regrating is so described by the act of parliament as an offence in Edw. III. c. 6. in which, the word "regrator" (which was long after the time of legal memory) is not described as an offence-it is used as to other subjects than victuals. That the statute of 14 Rich. II. c. 4. forbids the buying of wood, &c. it is most clear it does not forbid or restrain, &c. which is the denomination given to it by this particular statute. The 8th Hen. VI. c. 5, says, &c. Here regrator is nothing more than a common huckster, and not a regrator. It does not mean the resale in the same market, nor can any trace of it be found in the statutes. See also Illingworth, 102, 103, 137, 145, 148, 156, 177. Godbolt, 131 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.

2

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.

counts.

Second count same as the first except in charging only that the Other 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 [*538] 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.

[*548] *INDICTMENT-OFFENCES AGAINST TRADE FOR USURY AND ILLEGAL BROKERAGE.

That H. V. late of, &c. after the twenty-ninth day of September, in the year of our lord one thousand seven hundred and [*549] fourteen, to wit, on, &c. aforesaid, did lend to one B. G. the sum of one hundred pounds of lawful money of G. B. and the said B. G. for securing the repayment of the said sum of one