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, the said seven loads of the said wheat then being brought to the said market by the said C. D. for the sale of the said seven loads of wheat in the same market, and afterwards, to wit, on the said twenty-ninth day of November, in the year aforesaid, he the said A. B. at the parish aforesaid, within the borough aforesaid, in the county aforesaid, in the same market, there called Saint Albans market, unlawfully did regrate the said seven loads of wheat and sell the said seven loads of the said wheat again to the said E. F., at and for the price or sum of two pounds twelve shillings and sixpence for each and every load of the said seven loads of the said wheat, five shillings being allowed or thrown back by the said A. B. to the said E. F. from the whole amount of the price of the said seven loads of wheat, in contempt, Third count. &c. [conclusion as in first count.] And the jurors, &c. do further present, that, &c. [like the first count only omitting the words "get into his hands and possession" and charging a buying only.] Fourth count. And the jurors, &c. do further present, that, &c. [like the second count, only omitting the words "get into his hands and possession,” and charging the buying only.] There were two other counts varying only from the three last in the mode of stating the quantity and price of the wheat,-viz. the fifth "a large quantity," to wit, seven loads of wheat of the growth and produce of Great Britain, (the said wheat being brought, &c.) at the price, &c. and the sixth, "a large quantity," to wit, at the price, &c. (the said wheat being, &c.) The like for [Commencement as ante 1 and 2.] That J. R. late of, &c. on, regrating. (r) &c. at London aforesaid, that is to say, at the parish of Allhallows (r) This was the indictment against Rushby Hil. Term 40 Geo. III. The defendant was convicted, and after an ineffectual application for a new trial, Mr. Law (the now chief justice) Mr. Sergeant Best, and Mr. Marryatt moved in arrest of judgment on the grounds that the act of regrating as described in 6 Edw. 6. (now repealed) and mentioned as a crime by that act, is not an offence which now exists, as such, at common law, and that though the word regrator occurs in the statute of Edward the Sixth and other statutes, yet there is no statute to be found which describes a regrator, per se, as buying and selling again in the same market as a criminal, nor can any indictment so framed be found, or that selling again in the same market on the same day was ever recognized as a crime-that by the stat. of the 31 Hen. III. st. 6. s. 3. it is nothing more or less than an huckster, and that the reselling in the same market is no where recognised as an ingredient of regrating, or is recognized as an offence, but as an huckster mentioned indiscriminately, not as a principal, eo nomine, that is a statute against forestallers by selling it again to regrators: they are not describing the offence of regrating as consisting of any thing in the reselling of the article, but is understood, Barking, in the ward of Tower in London aforesaid, in a certain Second count same as the first except in charging only that the Other Counts. defendant" did buy" the oats, omitting the words " obtain and get into his hands and possession." Third count same as the first only for thirty instead of ninety quarters. Fourth court varying from the third as the second does from the first by merely saying "did buy," and stating the quantity at 30 quarters. Fifth count like the first, stating that ninety quarters were obtained, and but thirty merely as an huckster, that statute being repealed which mentioned the crime, and which gave it existence that statute existing no longer which was a declaration of what was the common law on the subject, in consequence of the repeal of that statute, it not only does away the offence itself but repealed the explanation: the statute is therefore to be considered as if it had no existence; and if it be so, we are to look to the antiquity of the cases to know whether regrating is so described by the act of parliament as an offence in Edw. III. c. 6. in which, the word "regrator" (which was long after the time of legal memory) is not described as an offence-it is used as to other subjects than victuals. That the statute of 14 Rich. II. c. 4. forbids the buying of wood, Upon this suggestion the regrated. Sixth count like the fifth only omitting the allegation respecting the sample, and saying only "did buy." Seventh count like the sixth, except saying "did buy, obtain and get into his hands and possession," and stating thirty in both places as obtained and regrated. Upon 36 Geo. III. c.9. for an assault with intent to pre vent a man from buying corn. (s) For an assault, &c. with in tent to stop grain, on 36 G. III. c. 9. (t) INDICTMENTS FOR FORCIBLE OBSTRUCTIONS That A. B. late of, &c. on, &c. with force and arms, at, &c. aforesaid, in and upon one E. F. did wilfully and maliciously make an assault, and him the said E. F. did then and there wilfully and maliciously beat with intent to deter and hinder him the said E. F. from then and there buying corn at the parish aforesaid, in the county aforesaid, to the great damage of the said E. F. in contempt, &c. to the evil example, &c. contrary to the form, &c. and against the peace, &c. That A. B. late of, &c. on, &c. with force and arms at, &c. aforesaid, in and upon one E. F. who was then and there driving a certain cart loaded with wheat, unlawfully and maliciously did make an assault, and him the said E. F. did then and there unlawfully and maliciously beat, with intent to stop such wheat, to the great damage of the said E. F. against the form of the statute, &c. in contempt, &c. to the evil example, &c. and against the peace, &c. (s) See 2 Starkie, 408. the statute 36 Geo. III. c. 9. s. 1, enacts, that if any person shall wilfully, and maliciously beat, wound, or use any other violence to, or upon any person with intent to deter, or binder him from buying corn, or grain, in any market or other place within this kingdom, or commit any of the other offences specified, every such person being thereof lawfully convicted before any two or more justices of the peace for the county or district wherein the offence is committed, or before the justices of the peace in open sessions (who are thereby authorized and empowered summarily, and finally, to hear and determine the same) shall be sent to the common gaol or house of correction, there to continue and be kept to hard labour for any time not exceeding three months, nor less than a month, s. 1. A repetition of the offence is made a single felony punishable with transportation for seven years. (t) See form, 2 Stark. 408. INDICTMENT FOR SELLING CLOTH FALSELY MARKED. cloth with the That A. B. late of, &c. and &c. [other defendants] being per- For selling sons of bad name, fame, and conversation, on, &c. with force alneager's seal and arms, at, &c. contriving, and falsely, fraudulently, and deceit- counterfeited thereon. (u) fully intending to deceive and defraud our said lord the king of the profit of the subsidy of cloth, unlawfully, unjustly, falsely, fraudulently, and deceitfully counterfeited and forged, and caused and procured to be counterfeited and forged, a certain seal, to the likeness and similitude of the seal of the alneager, and collector of the said subsidy, and then and there with force and arms, falsely, &c. and without any legal warrant or authority, thirty pieces of woollen cloth called serge, of the goods and chattels of some person unknown, with the said false and counterfeited seal did, and each of them did seal and cause to be sealed, and that the said A. B. &c. the aforesaid thirty pieces of woollen cloth called serge, so as aforesaid sealed with the said false and forged seal, then and there with force and arms, &c. unlawfully, &c. delivered the same to divers persons unknown, as and for thirty pieces of woollen cloth lawfully sealed by the collector of the said subsidy of our said lord the king, to the intent that the same pieces of woollen cloth should be exposed to sale, and sold without any further sealing, in deceit of our said lord the king, and divers of his subjects, and against the peace, &c. INDICTMENTS-OFFENCES AGAINST TRADE—ˆ stat. 5 Eliz. Commencement and conclusion of indictment as ante 1 and 2, or For exercising of information at sessions, ante 11 and 12. That W. G. late of, a trade, under &c. on, &c. at, &c. did set up, occupy, use, and exercise, and from c. 4. not hav thence continually afterwards, for a long space of time, to wit, the space of six whole months and upwards, to wit, until, &c. at, an apprentice. (u) See Trem. P. C. 103. Stark. 466. (x) See other precedents, 1 Saund. 309. West. 251, 231. 1 Bro. 232,5. Cro. C. C. 8th Ed. 463. 7th Ed. 723. Trem. P. C. ing served seven years as (x) other than such as then did lawfully use, or exercise any art, mystery, or manual occupation, to set up, occupy, use, or exercise any craft, mystery, or occupation then used or occupied within the realm of England or Wales, except he should have been brought up therein seven years, at the least, as an apprentice in manner and form therein mentioned; nor to set any person to work in such mystery, art, or occupation, being not a workman at the time of passing the statute, except he had been such an apprentice, or having been such apprentice would become a journeyman and be hired by the year, upon pain that every person so offending forfeit forty shillings for every mouth; one half of which shall go to the king, and the other to the informer. The trades to which this provision applies are 100 numerous to be enumerated here, but they will be found stated in Chitty on Apprentices 117 to 121. and seeing also what is a using a trade within the statute id. 121 to 127. It seems still to be a doubtful point, whether a person embarking his property in a commercial speculation, and carrying it on by means of agents who have served a regular apprenticeship, will be liable to the penalties of the Act, 15 East, 161. If a master employs a servant in his business who has never before engaged in it, under a parol agreement to teach him the trade, and pay him wages in consideration of a premium, he will be liable to the specific penalties, 2 Campb. 1. But a person may lawfully employ in individual branches of his trade, journeymen who have served a regular apprenticeship to the particular departments in question, though he himself has not undergone the service requisite under the statute to the legal exercise of one of them alone, 2 Campb. 127. As to what kind of service is sufficient under the statute, see Chitty on Apprentices, 127 to 131. In order to constitute the offence, the business must have been carried on for a month at least, otherwise no proceeding can be supported, 3 Campb. 346. It seems to be at the election of the prosecutor whe ther he will indict or sue for the penalties; but the former is the only course to be taken, if a year has expired since the illegal exercise of the trade, 2 Ld. Raym. 1038,9. As to the courts in which to prosecute, and modes of prosecution, whether by indictment, information, or action, see 1 Saund. 312. n. 1. Chitty's Apprentice Law, 135 to 138. 1 Sess. C. 256. 2 Sess. C. 222.-The indictment must contain all the requisites of a declaration at the suit of a common informer, see rules Chitty Ap. L. 136, 7, 8. It must bring the case in every particular within the statute; state the nature of the trade which the defendant carries on, 1 Saund. 309. n. 3, aver that it was a trade in use in England or Wales at the time the statute was enacted, 2 Salk. 611, unless it be one of the trades which it actually mentions, when the court will judicially notice it, 1 Saund. 309. n. 3. Chitty. Ap. Law. 136,7. It is also absolutely necessary to state, that the defendant never had been brought up for the space of seven years as an apprentice to the trade in question, for these are the most material words in the statute, and without them any proceedings under it will be defective, 2 Ld. Raym. 1179. But there is no occasion to negative the exceptions which subsequent statutes may have introduced, which are matters of defence, if the case cau be brought within them. 2 Burr. 1035. Chitty Ap. L. 137.-The offence must be laid to have taken place "within the realm of England," and if the term "Great Britain" be substituted, the indictment will be invalid, 1 Stra. 552. It must also be shewn, that the party exercised the trade for a month and upwards, and it should be laid to have been on a certain day and for so many months afterwards, though |