Sect. 11. Seamen, &c. serving on board such ships guilty of a misdemeanor. 66 "relation to the objects, which objects and contracts have herein"before been declared unlawful; or shall knowingly and wilfully "become guarantee or security, or contract for the becoming gua"rantee or security for agents employed, or to be employed, in "accomplishing any of the objects, or the contracts in relation to "the objects, which objects and contracts have hereinbefore been "declared unlawful, or in any other manner to engage, or to con"tract to engage, directly or indirectly therein, as a partner, agent, "or otherwise, or shall knowingly and wilfully ship, tranship, lade, "receive, or put on board, or contract for the shipping, tranship"ping, lading, receiving, or putting on board of any ship, vessel, "or boat, money, goods, or effects, to be employed in accomplish66 ing any of the objects, or the contracts in relation to the objects, "which objects and contracts have herein before been declared "unlawful; or shall take the charge or command, or navigate, or "enter and embark on board, or contract for the taking the charge "or command, or for the navigating, or entering and embarking on "board of any ship, vessel, or boat, as captain, master, mate, surgeon, or supercargo, knowing that such ship, vessel, or boat, is "actually employed, or is in the same voyage, or upon the same "occasion, in respect of which they shall so take the charge or "command, or navigate, or enter and embark, or contract so to do 66 as aforesaid, intended to be employed in accomplishing any of "the objects, or the contracts in relation to the objects, which "objects and contracts have hereinbefore been declared unlawful; "or shall knowingly and wilfully insure, or contract for the in"suring of any slaves, or any property, or other subject matter engaged or employed in accomplishing any of the objects, or the "contracts in relation to the objects, which objects and contracts "have hereinbefore been declared unlawful; or shall wilfully and "fraudulently forge or counterfeit any certificate, certificate of "valuation, sentence, or decree of condemnation or restitution, 66 copy of sentence, or decree of condemnation or restitution, or any receipt (such receipts being required by this act), or any 66 part of such certificate, certificate of valuation, sentence or "decree of condemnation or restitution, copy of sentence or decree "of condemnation or restitution, or receipt as aforesaid; or shall "knowingly and wilfully utter or publish the same, knowing it to "be forged or counterfeited, with intent to defraud his Majesty, "his heirs or successors, or any other person or persons what"soever, or any body politic or corporate; then and in every such case, the person or persons so offending, and their procurers, "counsellors, aiders, and abettors, shall be, and are hereby de"clared to be, felons, and shall he transported beyond seas, for a "term not exceeding fourteen years, or shall be confined and kept "to hard labour for a term not exceeding five years, nor less than "three years, at the discretion of the Court, before whom such "offender or offenders shall be tried and convicted." 66 66 The 11th section enacts, " that (except in such special cases, or for such special purposes as are in and by this act expressly "permitted,) if any persons shall enter and embark on board, or "contract for the entering and embarking on board of any ship, "vessel, or boat, as petty officer, seaman, marine, or servant, or 66 66 "in any other capacity not herein before specifically mentioned, knowing that such ship, vessel, or boat, is actually employed, 66 or is in the same voyage, or upon the same occasion, in respect "of which they shall so enter and embark on board, or contract so to do as aforesaid intended to be employed in accomplishing "any of the objects, or the contracts in relation to the objects, "which objects and contracts have hereinbefore been declared "unlawful; then and in every such case the persons so offending, "and their procurers, counsellors, aiders, and abettors, shall be, "and they are hereby declared to be guilty of a misdemeanor "only, and shall be punished by imprisonment for a term not "exceeding two years.' to sue for pe The 12th section enacts, "that nothing in this act contained, S. 12. provides "making piracies, felonies, robberies, and misdemeanors, of the for an option "several offences aforesaid, shall be construed to repeal, annul, or nalties in the "alter the provisions and enactments in this act also contained, vice-admiralty imposing forfeitures and penalties, or either of them, upon the courts. "same offences, or to repeal, annul, or alter, the remedies given "for the recovery thereof: but that the said provisions and enact"ments, imposing forfeitures and penalties, shall in all respects "be deemed and taken to be in full force; it being the true intent " and meaning of this act, that the right and privilege heretofore "exercised of suing in vice-admiralty courts for the forfeitures or "penalties, shall remain in full force and effect as before the pass"ing of this act; and the jurisdiction of the said vice-admiralty "courts in all cases of forfeitures and penalties imposed by this "act is hereby established, given, ratified, and confirmed." It is then provided, that nothing contained in the act shall prevent any persons from dealing or trading in, &c. any slaves or slave, lawfully being within any island, colony, &c. belonging to, or in the possession of his Majesty, in case such dealing or trading, &c. shall be made and entered into with the true intent and purpose of employing or working such slaves or slave within the same island, colony, &c. in which they, he, or she, may lawfully be at the time of the making or entering into any such dealing, trading, &c. (a) And it is also provided, that nothing contained in the act shall prevent any person from carrying away, or removing by land or coastwise, or from contracting for the so carrying away or removing any slaves, lawfully being in any part of any island, colony, &c. belonging to or in the possession of his Majesty, to any other part of the same island, colony, &c. Provision is also made for the removal of slaves from one island to another, for the purpose of cultivating the proprietor's estates, where two or more islands are comprised in the same colonial government. (b) And the act also authorizes the removal of slaves under particular circumstances; (c) and enacts as to the manner in which captured slaves shall be disposed of. (d) Proviso for By a subsequent section it is enacted, that if any person offend- S. 40. Petty ing as a petty officer, seaman, marine, or servant, against any of officers, seathe provisions of the act, shall, within two years after the offence or servants, committed, give information on oath before any competent magis- having of (a) S. 13. (b) S. 14. (c) S. 15, 16, 17, 18, 19, 20, 21. fended, and within two years informing against any owner, trate, against any owner or part-owner, or any captain, master, mate, surgeon, or supercargo, of any ship or vessel, who shall have committed any offence against this act, and shall give evidence on oath against such owner, &c. before any magistrate or court before whom such offender may be tried; or if such person so offending shall give information to any of his Majesty's ambassadors, ministers, &c. or other agents, so that any person owning not to be liable such ship or vessel, or navigating or taking charge of the same, captain, master's mate, surgeon, or supercargo, to the pains and penalties of the act. S. 48. Trial of offences against this act. S. 49. Trial of mitted out of the admiral's jurisdiction. as captain, master, mate, surgeon, or supercargo, may be apprehended, such person so giving information and evidence, shall not be liable to any of the pains or penalties under the act, incurred in respect of his offence; and his Majesty's ambassadors, ministers, &c. are required to receive any such information, and to transmit the particulars thereof without delay, to one of his Majesty's principal secretaries of state, and to transmit copies of the same to the commanders of his Majesty's ships or vessels, then being in such port or place. The 48th section enacts, that all offences against this act which shall be committed in any country, territory, or place, other than the united kingdom, or on the high seas, or in any port, sea, creek, or place, where the admiral has jurisdiction, and which shall be prosecuted as piracies, felonies, robberies, or misdemeanors, shall and may be enquired of, either according to the ordinary course of law, and the provisions of the 28 H. 8. c. 15. or according to the provisions of the 33 H. 8. c. 23. or according to the provisions of the 11 and 12 W. 3. c. 7. or according to the provisions of the 46 Geo. 3. c. 54.; (e) and that all persons convicted of any of the said offences, to be enquired of, tried, and determined, under and by virtue of any commission to be made or issued, according to the directions of the said act of the 46 Geo. 3. shall be subject and liable to, and shall suffer all such and the same pains, penalties, and forfeitures, as by this act, or any law or laws now in force, persons convicted of the same respectively would be subject and liable to, in case the same were respectively enquired of, tried, and determined, and adjudged, within this realm, by virtue of any commission made according to the directions of the statute 28 H. 8. c. 15. A subsequent section enacts, that all offences against this act, offences com- which shall be committed in any place where the admiralty has not jurisdiction, and not being within the local jurisdiction of any ordinary court of a British colony, &c. competent to try such of fence, may be enquired of, tried, &c. under and by virtue of any commission to be issued, according to the directions of the 46 G. 3. c. 54. S. 50. Offences may be tried, as com It is then further enacted, that all offences committed against this act may be enquired of, tried, determined, and dealt with, as mitted in Mid- if the same had been respectively committed within the body of the county of Middlesex. dlesex. (e) Ante, 110. CHAPTER THE NINETEENTH. of forestaLLING, REGRATING, AND INGROSSING, AND OF MONOPOLIES. EVERY practice or device by act, conspiracy, words, or news, to Nature of enhance the price of victuals or other merchandize, has been held these offences. to be unlawful; as being prejudicial to trade and commerce, and injurious to the public in general. (a) Practices of this kind come under the notion of forestalling; which anciently comprehended, in its signification, regrating and ingrossing, and all other offences of the like nature. (b) Spreading false rumours, buying things in the market before the accustomed hour, or buying and selling again the same thing in the same market, are offences of this kind. (c) Also if a person within the realm buy any merchandize in gross, and sell the same again in gross, it has been considered to be an offence of this nature, on the ground that the price must be thereby enhanced, as each person through whose hands it passed would endeavour to make his profit of it. (d) So the bare ingrossing of a whole commodity, with an intent to sell it at an unreasonable price, is an offence indictable at the common law; for if such practices were allowed, a rich man might ingross into his hands a whole commodity, and then sell it at what price he should think fit. (e) And so jealous is the common law of all practices of this kind that it has been held contrary to law to sell corn in the sheaf; upon the supposition that by such means the market might be in effect forestalled. (ƒ) The offences of forestalling, regrating, and ingrossing were for The statutes a considerable period prohibited by statutes; and chiefly by the on this sub3 & 4 Edw. 6. c. 21. and 5 & 6 Edw. 6. c. 14.: (g) but the bene- ject now reficial tendency of such statutes was doubted; and at length by the 12 Geo. 3. c. 71. they were repealed, (h) as being detrimental (a) 3 Inst. 196. 3 Bac. Abr. 261. Forestalling (A). (b) 3 Inst. 195. 8 Bac. Abr. 261. Forestalling (A). (c) 1 Hawk. P. C. c. 80. s. 1. (d) 3 Inst. 196. 3 Bac. Abr. 261. Forestalling (A). 1 Hawk. P. C. c. 80. s. 3. But it was held that any mer. chant, whether subject or foreigner, bringing victuals or any other merchandize into the realm, may sell it in gross. 3 Inst. 196. (e) 1 Hawk. P. C. c. 80. s. 3. 3 Inst. 196. (f) 8 Inst. 197. 8 Bac. Abr. 261. (g) Altered by 5 Eliz. c. 5. s. 13. pealed. The offences are still punishable at to the supply of the labouring and manufacturing poor of the kingdom. It has been sometimes contended that forestalling, regrating, and ingrossing, were punishable only by the provisions of these common law. statutes: (i) but that doctrine has not been admitted, and they still continue offences at common law; (k) though their precise extent and definition at the present day may perhaps admit of some doubt. There is not much to be found in the books concerning the common law upon this subject; and from the time of the 5 & 6 Edw. 6. c. 14. prosecutions for offences of this nature were probably found to be framed with more facility and certainty upon the statute than upon the common law. That statute, it has been observed, is now repealed: but as it particularly describes the offences of forestalling, regrating, and ingrossing, it may be of use to refer to it as containing a parliamentary exposition of the respective terms denoting the several particular offences. (1) Parliamentary exposition of a forestaller. Of a regrator. The first section enacted that whosoever should buy or cause to be bought any merchandize, victual, or any other thing whatsoever, coming by land or by water toward any market or fair, to be sold in the same, or coming toward any city, port, haven, creek, or road, from any parts beyond the sea, to be sold; or make any bargain, contract, or promise, for the having or buying the same or any part thereof, so coming as aforesaid, before the said merchandize, victuals, or other things, should be in the market, fair, city, port, haven, creek, or road, ready to be sold; or should make any motion by word, letter, message, or otherwise, to any person, for the enhancing of the price, or dearer selling of any thing above mentioned; or else dissuade, move, or stir, any person coming to the market or fair, to abstain or forbear to bring or convey any of the things above rehearsed to any market, fair, city, port, haven, creek, or road, to be sold as aforesaid-should be taken to be a forestaller. (m) The second section enacted that whosoever should by any means regrate, obtain, or get into his hands or possession, in a fair or market, any corn, wine, fish, butter, cheese, candles, tallow, sheep, lambs, calves, swine, pigs, geese, capons, hens, chickens, pigeons, conies, or other dead victual whatsoever, that should be brought to any fair or market to be sold, and should sell the same again in any fair or market holden or kept in the same place, or in any other fair or market within four miles thereof-should be taken to be a regrator. (n), c. 34. as relates to butchers selling (i) Rex v. Maynard, Cro. Car. 231. (k) 1 Hawk. P. C. c. 80. s. 15. (4) 1 Hawk. c. 80. s. 15. 2 Burn's Just. Forestalling, &c. p. 482, 483. 4 Blac. Com. 158. (m) Forestalling (forestallan or forestallan) in the English Saxon signifieth properly to market before the public, or to prevent the public market; and metaphorically, to intercept in general; and seemeth derived from fore, which is the same as before, and stalle, a standing place or department, from whence sprang the ancient word stallage, which signifieth money paid for erecting a stall or stand for the selling of goods in a fair or market. 2 Burn's Just. 481. Forestalling, &c. (n) Regrator is said to be derived from the French word regralement, for huckstery. 3 Inst. 195. |