persons named That the said A. B. on, &c. aforesaid, and on divers other days, Third count, &c. at, &c. aforesaid, did buy and cause to be bought, and did get quantities of buying large into his hands, a certain large quantity of hops, by buying of hops of divers T. W. [and twenty seven others named therein,] certain quantities to prevent of hops to wit, &c. [stating the quantities] with intent to prevent being brought the same from being brought to market for sale, and to resell the to market and same for an unreasonable profit, and thereby greatly to enhance t the price of hops, in contempt, &c. and against the peace, &c. them from to resell them at an unrea sonable profit and thereby to enhance the price. growth of hops in several pa rishes with a like intent. That the said A. B. on, &c. at, &c. aforesaid, did buy and Fourth count, cause to be bought, all the growth of hops on divers acres of buying all the land, situate, lying, and being in the several parishes of, &c. [naming them] by certain forehand bargains, viz. by bargaining with one T. S., &c. [naming thirty eight others] to buy all the hops then growing or that should be growing in the then next season, on certain lands in the said several and respective parishes of, &c. [naming them] at a certain large price, to wit, at the rate of 107. for each and every hundred weight of hops, that should or might be the produce of such lands, with intent to prevent the same from being brought to market for sale, and to resell the same at an exorbitant price and unreasonable profit, and thereby greatly to enhance the price of hops, in contempt, &e. to the evil example, &c. and against the peace, &c. That the said A. B. on, &c. aforesaid, at, &c. aforesaid, did Fifth count, buy and cause to be bought, and did get into his hands by buying buying hops of divers perof one T. W., &c. [naming twenty seven other persons] a certain sons named large quantity of hops, to wit, &c. with intent and design to resell with the same the said hops, so by him bought 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. intent. That on, &c. at, &c. aforesaid, the said A. B. did buy all the Sixth count, growth of hops upon divers acres of land, situate, &c. in the buying by forehand bargains. several parishes of, &c. [naming them] by certain forehand bargains, viz. by bargaining with one T. S., &c. [naming thirty seven others] respectively to buy and take of them the said, &c. respectively, at a certain large price, to wit, at the price of 101. per hundred weight for each and every hundred weight of the hops then grown or that should be grown in the next season, upon the said lands, situate, &c. with intent and design to resell the hops thereof coming for an unreasonable price, and thereby greatly to enhance the price of hops, to the damage and detriment of the public at large, in contempt, &c. to the evil example, &c. and against the peace, &c. Seventh count, persuading persons not to carry hops to market. Eighth count, That the said A. B. on, &c. at, &c. aforesaid, did unlawfully endeavour to promote and enhance the price of hops, by persuading and attempting to persuade divers persons, to wit, [naming them] dealing in hops, and accustomed to sell hops, and having large quantities of hops for sale, not to go to any market or fair with any hops for sale, and to abstain from selling such hops for a long time, in contempt, &c. to the evil example, &c. and against the peace, &c. That the said A. B. between, &c. at, &c. aforesaid, did unlawengrossing by fully engross and get into his hands, by buying of divers persons, buying of persons unknown. whose names to the said coroner and attorney remain unknown, divers quantities amounting to a large quantity, to wit, 2000 tons of hops, with intent to resell the same at an exorbitant profit, and thereby greatly to enhance the price of hops, in contempt, &c. to the evil example, &c. and against the peace, &c. Ninth count, for buying of persons unknown. That, &c. [same as the last, only omitting the charge of engrossing, and confining it to buying.] That the said A. B. on, &c. aforesaid, and on divers other days Tenth count. and times, &c. at, &c. aforesaid, did buy of divers persons, whose names to the said coroner and attorney are as yet unknown, the growth of divers, to wit, 2000 acres of hops, then growing upon divers, to wit, 2000 acres of land, situate in the several parishes of, &c. [naming them] at a large price, viz. at the rate of ten pounds per hundred for every hundred weight of hops that should be grown upon the said land, with intent to resell the hops thereof coming, for an exorbitant price and lucre, and thereby greatly to enhance the price of hops, in contempt, &c. to the evil example, &c. and against the peace, &c. [Common conclusion of information as ante 7.] For forestal ling lambs in their way to public market (k) 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 a 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 (k) This was the indictment against S. Mathew, A. D. 1801. From Crown Office. See other precedents, ante 530, 531. Cro. Cro. C. C. 8th Ed. 205. 7 Ed. 373. Burn, J. Forestalling, and see notes ante 527. and post 536, n. 1. and Starkie, 653. 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 peace, &c. And the jurors, &c. do further present, that the said A. B. Second count. 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.] That C. D. late of, &c. on, &c. at, &c. did buy and cause to be The like for bought, of and from one R. G. two cows and two calves, and did forestalling of several per then and there buy and cause to be bought, of and from one E. D. sons in one count. (1) 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 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 (7) This was the indictment from Crown Office. See ante 527. against R. Laycock, A. D. 1801, and post 536. n. r. 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. For engros. sing. (m) BY ENGROSSING. Carmarthenshire, to wit. That A. B. late of, &c. on, &c. at, &c. aforesaid, did engross and get into his hands by buying of and from 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. ante 529, 532. 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 unlawfully ingross The like in and get into his hands by buying of and from one A. S. 50 quar- another form. ters 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. BY REGRATING. That A. B. late of, &c. on, &c. at, &c. in a certain market there For regrating called Saint Alban's market, unlawfully did buy, obtain and get wheat. (q) 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, &c. And the jurors, &c. do further present, that the said A. B. Second count. 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 (p) See last precedent and notes. (q) This was the indictment against W. Josceline, A. D. 1802, obtained from the Crown Office, see precedents and notes referred to in precedent ante 527. n. h. Sce other precedents, Cro. C. C. 7th |