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£ s. d. 9 G. 4. c. 60. Maize or Indian Corn, Buck Wheat, Beer or Bigg :-For
every quarter :--A duty equal in amount to the duty
payable on a quarter of barley. If the produce ot and imported from any British posses
sion in North America, or elsewhere out of Europe : Wheat:-For every quarter
0 5 0 Until the price of British wheat, made up and pub
lished in manner required by law, shall be 678.
per quarter. Whenever such price shall be at or above 67s., the duty shall be for every quarter
0 0 6 Barley :-For every quarter
0 2 6 Until the price of British barley, made up and pub
lished in manner required by law, shall be 31s.
per quarter. Whenever such price shall be at or above 34s., the duty shall be for every quarter
0 0 6 Oats :-For every quarter
0 2 0 Until the price of British oats, made up and pub
lished in manner required by law, shall be 25s.
per quarter. Whenever such price shall be at or above 25., the duty shall be for every quarter
0 0 6 Rye, Pease, and Beans:- For every quarter
0 3 0 Until the price of British rye, or of pease, or of
beans, made up and published in manner required
by law, shall be 41s. Whenever such price shall be at or above 41s., the duty shall be for every quarter
0 0 6 Wheat Meal and Flour:- For every barrel, being 196lbs.:
- A duty equal in amount to the duty payable on 38} gallons of wheat. Oatmeal:--For every quantity of 1813 lbs.:-A duty
equal in amount to the duty payable on a quarter of
oats. Maize or Indian Corn, Buck Wheat, Beer or Bigg :
For every quarter:-A duty equal in amount to the duty payable on a quarter of barley. R.v. Townrow, 1 B.& Adol.465. A conviction stated, “That on the Where A., on 24th day of September 1829, J. Orson, of the parish of Newark, in the the 22d day of town of Newark-upon-Trent in the county of Nottingham, yeoman, in- September, at spector of corn returns for the town of Newark, personally came be- the town of N.
(the next fore A. B. and C. D., two of H. M.'s justices of the peace acting in
market day beand for the said town, and informed them, that after the passing of a ing Wednesday certain act of parliament in the ninth year of G. 4., to amend the laws the 23d), bought relating to the importation of corn, to wit, on Tuesday the 22d day twenty quarters of the same month of September in the year 1829 aforesaid, and long of oats at 265. before, Benjamin Townrow of Newark aforesaid, corn factor, had being part of a been and was, and up to and upon and until the said 24th day of larger parcel September in the year aforesaid continued to be a corn factor and lying in the dealer in British corn at and within the town of N. aforesaid, and warehouse of
the seller, and during all the time aforesaid was a person in and by the said act required to make, and the said B. Townrow being such corn factor part were de.
note or memo
no return of
R. v. Townrow. and dealer in British corn, and before the said 22d day of Septem
ber had made the declaration required by the said act to be made livered on the
by such corn factor and dealer in British corn, and was before and 24th, and the remainder on
on the 22d day of September, and continually from thence until and the 28th ; but upon and after the said 24th day of September, a person required there was no by the said act on the first market day which should be holden in
each and every week within the said town of N., at and within randum in writing of the
which said town of N. he B.Townrow, during all the time aforesaid bargain, nor
resided and dealt in British corn, to return or cause to be returned any acceptance to the said J. Orson (he the said J. Orson being there during all the of part by the time aforesaid, and still being the inspector of corn returns at and buyer before
for the said town of N.), an account in writing, signed with the name the 24th, nor
of the said B. Townrow, of the amount of each and every parcel of any earnest given or part.
each respective sort of British corn, by him, B. Townrow, bought payınent, and
during the week ending on and including the day next preceding
such first market day as aforesaid, with the price thereof, and by the bargain was what weight or measure the same was so bought by him, with the made to the inspector on
names of the sellers of each of the said parcels respectively, with Wednesday
the names of the person or persons (if any other than the person the 23d: Held, making such return) for or on account of whom the same was so that A. was lia- bought : And that the said B. Townrow, being such corn factor as ble to convic
aforesaid, and so residing and dealing in British corn at and within tion under the 42d section of
the said town of N. as aforesaid, on the said 22d day of September, 96. 4. c. 60.
in the tenth year, &c. at and within the town aforesaid in the county
upon his oath, deposed and said, in the presence and hearing of the R. v. Townrow. said B. Townrow, that, on the 22d day of September, in the year aforesaid, he the said John Thorpe was in partnership with James Thorpe the elder and James Thorpe the younger, of Newark-upon Trent aforesaid, corn factors, and that the said J. T. the elder, J. T. the younger, and J. T., as such co-partners, were then and there owners of a large quantity, to wit, of thirty quarters of British oats, all of like quality, then lying together, and in one parcel, in the warehouse of the said John T. and his said co-partners in Newark aforesaid, and that on the same 22d day of September, at and within the town of Newark aforesaid, the said B. Townrow bought of the said J. T. the elder, J. T. the younger, and J. T., and they sold to the said B. Townrow, twenty quarters of the said British oats, being part and parcel of the said thirty quarters of British oats, so then İying in the warehouse of the said J. T. the elder, J. T. the younger, and J. T. in Newark aforesaid : That immediately upon such purchase being so made by the said B. Townrow, the same became, by the course and
usage of trade, the property of him the said B. Townrow, and remained in the said warehouse, subject to his order and disposition, and would have been delivered to him, or to his order, immediately upon the same being so purchased, had he required the same, or at anytime after the same were so purchased, and whenever the said B. Townrow had required or directed such delivery to be made : And that it is customary for the said J. T. the elder, J. T. the younger, and John T., in the course of their trade and dealings, to permit British corn sold by them, and lying in their warehouse, to remain in their warehouse, on the purchaser's account, a reasonable time after the sale thereof, without charging any thing for the warehouse room for the same: And that the said twenty quarters did not remain in the said warehouse more than a reasonable time after the sale thereof to the said B. Townrow : That six of the said twenty quarters of oats were delivered by and pursuant to the order, and for and on the account of the said B. Townrow to Mr. T. of, &c. on the 24th day of the same month of September, in the year aforesaid, and the remaining fourteen quarters of the said twenty quarters were, on the 28th day of the same month, delivered by and pursuant to the order, and for and on the account of the said B. Townrow, to the master of a boat then lying in the river Trent: That not any of the said oats had been separated or distinguished from, but lay intermixed with, the residue of the aforesaid thirty quarters of oats in one heap, until the delivery of the said six quarters; and the remaining fourteen quarters of oats so purchased by the said B. Townrow lay intermixed with the then residue of the said thirty quarters of oats in one heap, until the delivery of the said fourteen quarters, as before mentioned : That the price at which the said twenty quarters of oats were bought by the said B. Townrow was 26s. per quarter, and constituted one entire contract and purchase, amounting to 261. sterling ; but that the said Benjamin Townrow did not, either on the said 22d or 23d day of September, accept, and actually receive, any part of the said parcel of cats so bought by him, nor did he give any thing in earnest to bind the bargain, or in part payment; nor was any note or memorandum in writing of the said bargain ever made and signed by the said parties, to be charged by such contract for the purchase of the said twenty quarters of oats, or their or any of their agents
R.v. Townrow. thereunto lawfully authorized; nevertheless the delivery of the said
twenty quarters of oats on the said 24th and 28th days of the same
corn, in order that an average might be made for the week, by a R.v. Townrow. calculation on the returns of each week, together with those of the five weeks preceding. That being so, it is quite clear that the legislature intended that the weekly return should contain all the sales of that week. If the returns were to be postponed till the corn was actually delivered, the market price might have greatly varied in the interval between the time of the bargain and the delivery. In order, therefore, to give effect to the general intention of the legislature, I think we must understand this word bought in its ordinary sense. When the act passed there were probably some members of the legislature who knew that the general course of dealing in this branch of trade is not by formal contract according to the statute of frauds : if they had meant to confine the enactment to such contracts, it is to be supposed that they would have used suitable words; but in so doing they would have defeated the principal object of the act. The bona fide fulfilment of bargains and sales was only a secondary object; the principal object was to obtain correct averages: they cannot be obtained unless the contracts actually made are returned. It is clear the sale in this case was not fictitious; the parties at the time had perfect reliance on each other that the contract would be performed, and it was in fact performed. With respect to the argument that a penalty is here sought, and that the act ought therefore to be construed strictly; this act of parliament is not in itself properly a penal act, but an act for carrying into effect a great object of public policy. The penalty is only given, by $ 42., to compel the performance of that which is required in the former sections, and we must construe the words bought and purchase, which may be considered as incorporated by reference in the penal clause, in the same sense in which they are used in the other clauses. Upon this view of the act of parliament it appears to me that the conviction was right.” - Parke, Taunton, and Patteson Js. concurred.
IV. Dbstructing the free Passage of Corn. The stats. 116.2. c. 22. § 2. and 36 G. 3. c. 9. § 1 & 2., so far as they relate to beating, wounding, or using any violence to any person or driver, are repealed by stat. 9 G. 4. c. 31. $ 1.; and by $ 26. of 9 G. 4. c. 31. that statute it is provided, that “ if any person shall beat, wound, or use any other violence to any person, with intent to deter or hinder intent to obhim from selling or buying any wheat or other grain, flour, meal, or buying or malt, in any market or other place, or shall beat, wound, or use any selling of grain, other violence to any person having the care or charge of any wheat or its free or other grain, flour, meal, or malt, whilst on its way to or from any passage ; city, market town, or other place, with intent to stop the conveyance of the same ; every such offender may be convicted thereof before punishable two justices of the peace, and imprisoned and kept to hard labour before two in the common gaol or house of correction, for any term not ex- magistrates, ceeding three calendar months: Provided always, that no person,
oris who shall be punished for any such offence by virtue of this pro- ceeding three vision, shall be punished for the same offence by virtue of any other months. law whatsoever.” (See Vol. III. (Criminal Law,) tit. Assault.)
with ment not ex