20%. with cofts, and fhall fuffer imprisonment for half a year. And by ftatute 17 Geo. III. c. 26. to take more than ten fhillings per cent. for procuring any money to be advanced on any life-annuity, is made an indictable mifdemefnor, and punishable with fine and imprisonment: as is also the offence of procuring or foliciting any infant to grant any life-annuity; or to promise, or otherwife engage, to ratify it when he comes of age, 5. CHEATING is another offence, more immediately against public trade as that cannot be carried on without a punctilious regard to common honefty, and faith between man and man. Hither therefore may be referred that prodigious multitude of ftatutes, which are made to reftrain and punifh deceits in particular trades, and which are enumerated by Hawkins and Burn, but are chiefly of use among the traders themselves. The offence alfo of breaking the affife of bread, or the rules laid down by law, and particularly by ftatutes 31 Geo. II. c. 29. 3 Geo. III. c. 11. and 13 Geo. III. c. 62. for ascertaining it's price in every given quantity, is reducible to this head of cheating as is likewife in a peculiar manner the offence of felling by falfe weights and measures; the ftandard of which fell under fecond bill is difcharged. Maddock v. Hammett and others. T. R. 184. 7 The borrower of the money is a competent witnefs to prove the ufury in a penal action against the lender, though he has not repaid the money; for the borrower could not give in evidence the verdict in that action, if an action were brought against him by the lender. Smith v. Prager, 7 T. R. 60. But in criminal profecutions for forgery, no one can prove a bill of exchange, bond, or other inftrument a forgery, which, if valid, he would be liable to pay, unlefs he is released by the perfon to whom he is fo apparently bound and answerable. Doctor Dod's cafe, Leach. 141. And this ftill continues the practice in criminal courts. See more upon ufury, 1 vol. p. 463. our our confideration in a former volume (5). The punishment of bakers, breaking the affife, was antiently to ftand in the pillory, by ftatute 51 Hen. III. ft. 6. and for brewers (by the fame act) to stand in the tumbrel or dungcart: which, as we learn from domesday book, was the punishment for knavish 'brewers in the city of Chefter fo early as the reign of Edward the confeffor. "Malam cerevifiam faciens, in cathedra poneba[ 15 ] «tur ftercorisi." But now the general punishment for all j Seld. tit. of hon. b. 2. c. 5. § 3. See Vol. I. pag. 274. (5) Two acts have been lately passed for the prevention of false weights and balances; viz. the 35 Geo. III. c. 102. and the 37 Geo. III. c. 143.-The latter materially alters the former. By these it is enacted, that the juftices at the petty feffions may appoint one perfon or more to examine the weights and balances within their district. Thefe infpectors fhall be fworn to the faithful discharge of their office; and, as often as the juftices fhall direct, fhall enter into any fhop, mill, house, stall, or other premifes of any perfon who fhall fell by retail and weight, to fearch for and examine his weights and balances, and fhall feize those which are not according to the ftandard in the Exchequer, and to bring them before the juftices at their petty feffions; and the offender being there convicted shall forfeit not lefs than 5 s. nor more than 20 s. at the difcretion of the juftices, together with cofts, to be levied by diftrefs. The falfe weights and balances are to be broken, and the inaterials fold. And whoever obftructs the inspectors in the execution of their duty, or fhall refufe to produce his weights and balances to them, fhall forfeit from 5 s. to 402. The inhabitants of any parish, townfhip, or place may at a vestry meeting nominate any fubftantial houfcholder or houfeholders, who, if approved of by the juftices, fhall be the infpectors within that parish, township, or place; but fuch nomination cannot be made till the inhabitants have procured flandard weights to be paid for out of their poor-rates. The juftices at the quarter-feffions fhall fix the allowance of the infpectors to be paid out of the county rate. And they shall alfo order to be purchafed out of the county rate ftandard weights, to be depofited with proper perfons and in convenient places, which fhall be produced to any perfon paying a reasonable fun for producing the fame. Profecutions mull commence within one month after the offence. frauds of this kind, if indicted (as they may be) at common law, is by fine and imprisonment: though the eafier and more ufual way is by levying on a fummary conviction, by distress and fale, the forfeitures impofed by the feveral acts of parlia ment. Lastly, any deceitful practice, in cozening another by artful means, whether in matters of trade, or otherwife, as by playing with false dice, or the like, is punishable with fine, imprisonment, and pillory *. And by the ftatutes 33 Hen. VIII. c. 1. and 30 Geo. II. c. 24. if any man defrauds another of any valuable chattels by colour of any falfe token, counterfeit letter, or falfe pretence, or pawns or difpofes of another's goods without the confent of the owner, he fhall fuffer fuch punishment by imprisonment, fine, pillory, trans portation, whipping, or other corporal pain, as the court fhall direct (6). 6. THE offence of foreftalling the market is also an offence against public trade. This, which (as well as the two following) is also an offence at common law', was described by ftatute 5 & 6 Edw. VI. c. 14. to be the buying or contracting for any merchandize or victual coming in the way to market; or diffuading perfons from bringing their goods or provisions there; or perfuading them to enhance the price, when there any of which practices make the market dearer to the fair trader. 7. REGRATING was defcribed by the fame ftatute to be the buying of corn, or other dead victual, in any market, and felling it again in the fame market, or within four miles of the place. For this alfo enhances the price of the provifions, as every fuccessive seller must have a fucceflive profit. 8. ENGROSSING was alfo defcribed to be the getting into one's poffeffion, or buying up, large quantities of corn or (6) In an indictment for this offence, the falfe pretences must be particularly stated and fpecified. The King v. Mafon, 2 T. R. 581. other other dead victuals, with intent to fell them again. This muft of courfe be injurious to the public, by putting it in the power of one or two rich men to raise the price of provisions [159] at their own difcretion. And fo the total engroffing of any other commodity, with intent to fell it at an unreasonable price, is an offence indictable and finable at the common lawm. And the general penalty for thefe three offences by the common law (for all the ftatutes concerning them were repealed by 12 Geo. III. c. 71.) is, as in other minute mifdemefnors, difcretionary fine and imprisonment": Among the Romans thefe offences and other mal-practices to raise the price of provisions, were punished by a pecuniary mulct." Poena viginti aureorum ftatuitur adverfus eum, qui contra annonam "fecerit, focietatemve coierit quo annona carior fiat" 9. MONOPOLIES are much the fame offence in other branches of trade, that engroffing is in provifions: being a licence or privilege allowed by the king for the fole buying and felling, making, working, or ufing of any thing whatfoever; whereby the subject in general is reftrained from that liberty of manufacturing or trading which he had before ". Thefe had been carried to an enormous height during the reign of queen Elizabeth; and were heavily complained of by fir Edward Coke, in the beginning of the reign of king James the first but were in great measure remedied by ftatute 21 Jac. I. c. 3. which declares fuch monopolies to be contrary to law and void; (except as to patents, not exceeding the grant of fourteen years, to the authors of new inventions (7); and except alfo patents concerning printing, faltpetre, gunpowder, great ordnance, and fhot ;) and monopolifts are punished with the forfeiture of treble damages and double cofts, to thofe whom they attempt to difturb; and if P1 Hawk. P. C. 231. Cro. Car. 232. n I Hawk. P. C. 235. (7) See an account of patents for new inventions, 2 vol. p. 407. .7. they they procure any action, brought against them for these damages, to be stayed by any extrajudicial order, other than of the court wherein it is brought, they incur the penalties of a praemunire. Combinations alfo among victuallers or artificers, to raise the price of provifions, or any commodities, or the rate of labour, are in many cafes feverely punished by particular statutes; and, in general, by ftatute 2 & 3 Edw. VI. c. 15. with the forefeiture of 10. or twenty days imprifonment, with an allowance of only bread and water, for the first offence; 201. or the pillory, for the fecond; and 40 l. for the third, or elfe the pillory, lofs of one ear, and perpetual infamy. In the fame manner, by a conftitution of [160] the emperor Zeno', all monopolies and combinations to keep up the price of merchandize, provifions, or workmanfhip, were prohibited, upon pain of forfeiture of goods and perpetual banishment (8). • Cod. 4. 59. I. (8) Thefe combinations are confpiracies by the common law, and are punishable as mifdemefnors at the difcretion of the court. (See ante, p. 136. n. 4.) The most common combination is that of journeymen manufacturers to obtain an advance of wages. Any one workman may refufe to work till he is paid the price he pleases to fix upon his own labour; but if two or more enter into an engagement of this kind, fuch affociations being fo inju rious to the interefts of the public, they are guilty of a confpiracy, and may be profecuted by an indictment or an information. But combinations amongst workmen had become fo frequent that it was thought expedient to reprefs them by a speedier procefs, and therefore the 39 Geo. III. c. 81. enacted, that every perfon combining with others to advance their wages, or decrease the quantity of work, or any way to affect or control those who carried on any manufacture or trade in the conduct and management thereof, might be convicted before one justice of the peace, and might be committed to the common gaol for any time not exceeding three calendar months, or be kept to hard labour in the houfe of correction for two months. |