9 G. 4. c. 60. Whenever such price shall be under 62s. and not under And in respect of each integral shilling, or any part £ s. d. - 1 5 8 of each integral shilling, by which such price shall - 0 12 4 such price shall be above 33s., such duty shall be - 01 0 And in respect of each integral shilling, or any part Oats:-Whenever the average price of oats, made up And in respect of every integral shilling by which 0 13 10 093 - 01 0 And in respect of each integral shilling, or any part 0 10 9 0 15 6 Rye, Pease, and Beans:-Whenever the average price And in respect of each integral shilling, or any part 0169 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 of and imported from any British posses- Until the price of British wheat, made up and pub- per quarter. Whenever such price shall be at or above 678., the duty Until the price of British barley, made up and pub- Whenever such price shall be at or above 34s., the duty shall be for every quarter Oats:-For every quarter Until the price of British oats, made up and pub- Whenever such price shall be at or above 25s., the duty Rye, Pease, and Beans:-For every quarter Until the price of British rye, or of pease, or of Whenever such price shall be at or above 41s., the duty 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. a Where A., on the 22d day of September, at the town of N. (the next market day being Wednesday the 23d), bought twenty quarters R.v.Townrow, 1 B.& Adol.465. A conviction stated, "That on the 24th day of September 1829, J. Orson, of the parish of Newark, in the town of Newark-upon-Trent in the county of Nottingham, yeoman, inspector of corn returns for the town of Newark, personally came before A. B. and C. D., two of H. M.'s justices of the peace acting in and for the said town, and informed them, that after the passing of certain act of parliament in the ninth year of G. 4., to amend the laws relating to the importation of corn, to wit, on Tuesday the 22d day of oats at 26s. of the same month of September in the year 1829 aforesaid, and long per quarter, 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. R. v. Townrow. livered on the 24th, and the remainder on the 28th; but there was no note or memorandum in writing of the bargain, nor any acceptance of part by the buyer before the 24th, nor any earnest given or part. payment, and no return of made to the inspector on ble to convic- 42d section of 9G. 4. c. 60. and dealer in British corn, and before the said 22d day of September had made the declaration required by the said act to be made by such corn factor and dealer in British corn, and was before and on the 22d day of September, and continually from thence until and upon and after the said 24th day of September, a person required 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 which said town of N. he B.Townrow, during all the time aforesaid resided and dealt in British corn, to return or cause to be returned to the said J. Orson (he the said J. Orson being there during all the time aforesaid, and still being the inspector of corn returns at and for the said town of N.), an account in writing, signed with the name of the said B. Townrow, of the amount of each and every parcel of each respective sort of British corn, by him, B. Townrow, bought 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 names of the sellers of each of the said parcels respectively, with the names of the person or persons (if any other than the person making such return) for or on account of whom the same was so bought : And that the said B. Toonrow, being such corn factor as aforesaid, and so residing and dealing in British corn at and within the said town of N. as aforesaid, on the said 22d day of September, in the tenth year, &c. at and within the town aforesaid in the county aforesaid, bought a large quantity and parcel of British corn, to wit, twenty quarters of British oats, of James Thorpe the elder, James Thorpe the younger, and John Thorpe of Newark aforesaid, corn factors and co-partners, and that thereupon it became and was the duty of the said B. Townrow, and he was by the aforesaid act of parliament required, on Wednesday the 23d day of the same month of September, in the tenth year aforesaid, (being the first market day in the week holden within the said town of Newark after the said 22d day of September in the year aforesaid,) to have returned, or caused to have been returned, to the said J. Orson, as such inspector of corn returns for the said town as aforesaid, an account in writing, signed with the name of the said B. Townrow, of the said parcel of British oats, so by him the said B. Townrow bought as aforesaid, with the price thereof, and the said other particulars required by the said act of parliament, to be inserted in such returns; and that the said B. Townrow did not, on the said 23d day of September, in the tenth year aforesaid, return, nor did he cause to be returned, to the said J. Orson, any account whatever in writing of the said parcel of British oats so bought by him on the 22d day of September, in the tenth year aforesaid, but wholly omitted and neglected so to do, or to return, or cause to be returned, to the said J. Orson, any such account in writing, as by the said act of parliament he was required to do, and ought to have done, contrary to the form of the statute in such case made and provided, whereby and by force of the statute in that case, &c. the said B. Townrow had forfeited for the said offence the sum of 20%.; and thereupon the said J. Orson prayed that the said B. Townrow might be convicted of the said offence." The conviction then stated the summons and appearance of the defendant, and that the justices proceeded to examine into the truth of the charge, and that one credible witness, to wit, John Thorpe of Newark aforesaid, corn factor, 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 lying 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 month of September, as herein-before mentioned, took place, and was made in pursuance and execution, and upon the terms of the parol contract made by the said B. Townrow with the said J. T. the elder, J. T. the younger, and J. T. for the purchase of the said twenty quarters of oats as herein-before mentioned, and not upon or with reference to any other contract or agreement whatever: And that the said sale of the said twenty quarters of oats of the said B. Townrow, and the purchase thereof by him on the said 22d day of September, was a bona fide contract and transaction, and as such was subsequently acted upon and carried into effect in manner hereinbefore mentioned; yet the said John Thorpe admitted, that if the said B. Townrow had become insolvent on either of the said 22d or 23d days of September, he the said John Thorpe and his said co-partners would not have held themselves liable to deliver the said oats, nor in case their warehouse had been burnt down on either of the same days, would they have held the said B. Townrow liable to the loss of the said oats. And the said B. Townrow admitted to the justices, that he was before and on the 22d day of September, and continually from thence until and upon and after the said 24th day of September, a corn factor and dealer in British corn within the town of Newark, and that he had before the 22d day of September made the declaration required by the said act to be made by corn factors and dealers in British corn, and that he was before and on the said 22d day of September, and continually from thence until and upon and after the said 24th day of September, a person required by the said act to make a return to the said inspector of corn returns, of all British corn bought by him in the town of Newark aforesaid, as stated in the said information: that Wednesday, the 23d day of September aforesaid, was the first market day holden in the said town of Newark in the week after the said 22d day of September, when he so purchased the said corn as aforesaid: and that he, the said B. Townrow, did not on the said 23d day of September return any account in writing of the said corn so bought by him on the 22d day of September, as aforesaid, to the said J. Orson, and that he did not make any return whatever of the same on the 23d day of September. The conviction then stated, "that it appearing to the justices that B. Townrow was guilty of the offence charged upon him in the said information, they thereby convicted him of the offence aforesaid, and did declare and adjudge that he had forfeited the sum of 201," which they mitigated and reduced to the sum of 107. The conviction having been removed into the court of K. B. by certiorari, was, after argument, confirmed. - Lord Tenterden C. J. "The question in this case is, whether we are to understand the words "purchase" and "bought," in the 27th sect. of this act of parliament, to refer only to contracts of purchase valid in law, and made pursuant to the provisions of the statute of frauds? or whether we are to understand the legislature as using these words without reference to that statute, and speaking of purchases, sales, and contracts actually made? In determining that, we are to look at the general object the legislature had in view, and thence to collect the intention. The general object of the legislature undoubtedly was to obtain a weekly account of all the sales in British |