grain, butter, cheese, fish, or other dead victuals whatsoever, to the 5&6 E. 6. c. 14. intent to sell the same again, shall be deemed an unlawful ingrosser. § 2. And whosoever shall by any means regrate, obtain, or get into Regrator. 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 shall be brought to any fair or market to be sold, and shall 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, shall be deemed a regrator. (a) It has been observed that, notwithstanding the repeal of stat. 5 & 6 E. 6., the offences of forestalling, ingrossing, and regrating, remain punishable at common law; and indeed lamentable would be the plight of the public and of the state, were there no remedy against practices which have been justly termed most heinous of fences against religion and morality, and against the established law of the country. In the case of R. v. Waddington, 1 East, 143. 145., which was R. v. Wadably argued at the bar, and well considered by the court, the fol- dington. lowing were declared to be among the offences at common law, and not done away by the repeal of stat. 5 & 6 E. 6., viz. 1. Spreading false rumours with intent to enhance the price of hops. 2. Endeavouring to enhance the price of hops by persuading dealers, &c. not to take their hops to market, and to abstain from selling for a long time. 3. Ingrossing large quantities of hops, by buying with intent to resell the same for an unreasonable profit, and thereby to enhance the price. 4. Getting into hand large quantities, by contracting with various persons for the purchase, with intent to prevent the same being brought to market, and to resell at an unreasonable profit, and thereby greatly to enhance the price. 5. Unlawfully ingrossing by buying large quantities, with like intent. 6. Ingrossing hops then growing, by forehand bargains, with like intent. To forestall any commodity which is become a common victual and necessary of life, or is used as an ingredient in the making or preservation of any victual, though not formerly used or considered as such, is an offence at common law. R. v. Waddington, 1 East, 143. It is well observed by Mr. Chitty, that at the present day, it would probably be holden that no offence is committed unless there is an intent to raise the price of provisions by the conduct of the party, for the mere transfer of a purchase in the market where it is made, the buying articles before they arrive at a public market, or the purchasing of a large quantity of a particular article, can scarcely be regarded as in themselves necessarily injurious to the community, and, as such, indictable offences; a party buying and selling again, does not necessarily increase the price of the commodity to the consumer, for the division of labour or occupations will, in general, occasion the commodity to be sold cheaper to the con (a) Regrator is said to be derived from the French word regratement, for huckstery. 3 Inst. 195. Measures for raising prices. Modern principles contrà. R. v. Rusby. Conviction for regrating. Court divided. Defendant not brought up for judgment. Indictment must state the quantity. Forfeiture of lands. 4 & 5 W. 4. c. 23. No forfeiture on account of conviction or attainder of sumer; see Smith's Wealth of Nations, book 4. c. 5. and Index, tit. Labour; and many cases may occur in which a most laudable motive may exist for buying large quantities of the same commodity. See the arguments, &c. in 14 East, 406. 15 East, 511. Indeed, in the case of the King v. Rusby, H. T. 40 G. 3., the court were equally divided on the question, whether regrating is an indictable offence at common law, and though the defendant was convicted, no judgment was ever passed upon him. 2 Crim. Law, 528. (n), 537. (n). An indictment for ingrossing " a great quantity" of fish, geese, and ducks, was holden bad; for the quantity of each ought to be specified. R. v. Gilbert, 1 East, 583. The forfeitures for particular offences may be found under their respective titles: here it is treated of forfeitures in general. 1. Of Forfeiture of Lands and Goods. [17 Ed. 2. c. 16. - 54 G. 3. c. 145.—7 & 8 G. 4. 4 & 5 W. 4. c. 23.] c. 28. III. Of Corruption of Blood. I. Df Forfeiture of Lands and Goods. THERE is a remarkable general difference in principle between the forfeiture of lands, and the forfeiture of goods and personal estate; lands are forfeited upon attainder by judgment of death or outlawry, and not before; but goods and personal estate are forfeited by conviction. 4 Bl. Comm., 386, 387. It seems agreed that by the common law all lands of inheritance, whereof the offender was seised in his own right, and also all rights of entry to lands in the hands of a wrong-doer, are forfeited to the king, by an attainder of high treason, and to the lord of whom they are immediately holden, by an attainder of petit treason or felony. 2 Haw. c. 49. § 1. But it seems clear that the lord cannot enter into the lands holden of him, upon an escheat for petit treason or felony, without a special grant, till it appear by due process that the king hath had his prerogative of the year, day, and waste. Id. § 3. person, By 4 & 5 W. 4. c. 23. § 3. no land chattels or stock vested in any person upon any trust or by way of mortgage, or any profits thereof, shall escheat or be forfeited to his majesty, his heirs and successors, or to any corporation, lord of a manor, or other by reason of the attainder or conviction for any offence of such trustee or mort- trustee or mortgagee, but shall remain in such trustee or mortgagee. gagee, or survive to his co-trustee, or descend or vest in his representative, as if no such attainder or conviction had taken place. 17 Ed. 2. c. 16. Concerning which year, day, and waste, it is enacted by the 17 Ed. 2. c. 16. that the king shall have the goods of all felons attainted, and fugitives, wheresoever they be found. And if they have freehold, it shall be forthwith taken into the king's hands, and the king shall have all profits of the same by one year and one day and the land shall be wasted and destroyed in the houses, woods, and gardens, and in all manner of things belonging to the same land. And after the king hath had the year, day, and waste, the land shall be restored to the chief lord of the fee, unless that he fine before with the king for the year, day, and waste. It seems also that a copyhold of inheritance will be forfeited to the lord by attainder of treason or felony, but not upon conviction only, except by special custom. 2 Hawk. P. C. c. 49. § 7. acc. R. v. Willes, 3 B. & A. 510. By stat. 54 G. 3. c. 145. no attainder, except for high treason, 54 G. 3. c.145. petit treason, or murder, or for abetting the same, shall extend to the disinheriting of any heir, &c. Vide tit. Attainder. As to forfeiture of goods, it seems agreed that all things what- Forfeiture of soever which are comprehended under the notion of a personal goods. estate, whether they be in action or possession, which the party hath or is entitled to in his own right, and not as executor or administrator to another, are liable to such forfeiture, in the following cases: (1) Upon a conviction of treason or felony. 2 Haw. c. 49. 13. (a) (2) Upon a presentment by the oaths of 12 men that a person arrested for treason or felony fled from or resisted those who had him in custody, and was killed by them in the pursuit or scuffle. Id. § 16. But where the killing a man in his own defence is in the law no felony, there is no forfeiture unless he fled; for that is a distinct forfeiture, although the party be not guilty of the fact. 1 Hale, 493. By 7 & 8 G. 4. c. 28. § 5., where any party shall be indicted for treason or felony, the jury empannelled to try such person shall not be charged to inquire concerning his lands, tenements, or goods, nor whether he fled for such treason or felony. This enactment does not, however, apply to the case of a presentment, made by a coroner's inquest on view of a dead body, that A. killed B., and fled for it, which, by a strange anomaly, is held not traversable, but conclusive for the forfeiture of goods, although a petty jury afterwards acquit A. on his trial, and find that he did not fly. 2 Hale, 63. 154. But see 1 Saund. R. 362. n. (1.) The whole doctrine of forfeiture for flight may perhaps be now well considered as altogether obsolete. Conviction of treason or felony. Person arrested killed in pursuit or scuffle. the Forfeiture by c. 28. Jury who try not to inquire (3) By being waived or left by a felon in his flight, whereby he Goods waived. forfeits the goods so waived, whether they be his own, or the goods of others stolen by him, which shall not be restored to the right owners but upon a proper prosecution. Id. § 17. (4) If a person be found felo de se, he shall forfeit his goods and Felo de se. chattels, but not his lands. 3 Inst. 54. 5 Rep. 109. Upon outlawry in treason or felony, the offender shall lose and Forfeiture upon forfeit as much as if he had appeared, and judgment had been outlawry. given against him, as long as the outlawry is in force. Wood's Inst. b. 4. c. 5. (a) It has been decided, that a chose in action accruing to a party after his being attainted for felony vests in the king. Bullock v. Dodds, 2 B. & A. 258, To what time the forfeiture shall relate. What is to be done with the felon's goods before forfeiture. Party being indicted, inventory and ap praisement may And those that tarry till the exigent in treason, felony, or petit larceny, forfeit their goods, though they render themselves to jus. tice, and are acquitted; for it was a flight in law. Id. It seems agreed that the forfeiture, upon an attainder, either of treason or felony, shall have relation to the time of the offence, for the avoiding of all subsequent alienations of the land, but to the time of the conviction or flight found only, as to chattels ; unless the party were killed in flying or resisting, in which case it is said that the forfeiture of the chattels shall relate to the time of the offence. 2 Haw. c. 49. § 30. But though the goods of an offender be not forfeited till the conviction or flight found by inquest, yet whether they may be seized upon the offence committed, hath been controverted; concerning which Lord Hale saith thus: It seemeth clear that at the common law, if a man had committed felony or treason, or though possibly he had committed none, yet if he had been indicted, the sheriff, coroner, or other officer could not seize and carry away the goods of the offender or party accused. Again, he could not in that case have removed the goods out of the custody of the offender or party accused, and deliver them over to the constables, or to the villata, to answer for them. But if the party were indicted, the sheriff or other officer might make a simple seizure of them, only to inventory and appraise them, and leave them to the custody of the servants or bailiff of the party be made of his indicted, in case he would give security against their being emgoods; bezzled, or in default thereof he might deliver them to the constable or vill to be answerable for them, but yet so that the party accused and his family have sufficient out of them for their livelihood and maintenance. or possibly, if not indicted; but at peril of him who seizes. Forfeiture of dower in felony. In treason. Corruption of blood. And possibly the same law was, though he were not indicted, but de facto had committed a felony, but with this difference, if he had been indicted, this kind of seizure might have been made, whether he committed the felony or not. But in case there were no indictment, then it is at the peril of him that seizeth, if he committed not the felony. There is this advantage by the viewing and appraising, that thereby the king is ascertained what the goods are, and may pursue them that take or embezzle them by information (if the party happen to be convict), and try the property with them, whether they are really sold, or sold only fraudulently, without valuable consideration, to prevent the forfeiture. 1 Hale, 363, 4, 5, 6, 7. II. Of Loss of Dower. Albeit a person shall be attainted of felony, yet his wife shall not forfeit her dower. 1 Ed. 6. c. 12. § 17. But on his attainder of treason she shall forfeit her dower. 5 & 6 Ed. 6. c. 11. § 13. But in some kinds of treason, (particularly with regard to the coin,) there is a special saving of the wife's dower by statute. III. Of Corruption of Blood. It is agreed that by an attainder of treason or felony, the blood is so far stained or corrupted, that the party loses all the nobility or gentility he might have had before, and becomes ignoble. 2 Haw. c. 49. § 47. Also, that he can neither inherit as heir to an ancestor, nor have an heir. Id. § 48. But see 54 G. 3. c. 145. antè, tit. Attainder. But the king's pardon, though it doth not restore the blood, yet as to issue born after, hath the effect of a restitution. 1 Hale, 358. But restitution of blood, in its true nature and extent, can only be by act of parliament. 1 Hale, 358. 2 Haw. c. 49. § 51. See tit. Attainder. [9 Ann. c. 21. — 9 G. 1. c. 12. — 42 G. 3. c. 63. — 3 & 4 W. 4. c. 44.] 113. c. 28. 10 G. 4. c. 24. c. 26. 2 & 3 W. 4. c. 106. c. 123. III. Of the Indictment and Evidence. [9 G. 4. c. 32.- 2 & 3 W. 4. c. 123.] I. Of Forgery at Common Law. THE crime of forgery is not of the class of offences which fall Forgery cannot within the jurisdiction of justices for trial at their sessions; but be tried at magistrates may still be called upon to act in cases of forgery, in sessions. examining and committing the offender, taking depositions, &c. See post, p. 254. Forgery is an offence at common law, and an offence also by Definition of statute. Forgery at the common law is an offence in falsely and fraudulently making or altering any manner of record, or any other authentic matter of a public nature; as a parish register, or any deed, will, privy seal, certificate of holy orders, protection of a parliament man, and the like. 1 Haw. c. 70. § 1. Mr. J. Blackstone says, that forgery is the fraudulent making or alteration of a writing, to the prejudice of another's right. 4 Black. Com. 247. Mr. J. Grose, in delivering the opinion of the judges in Reculist's case, says, "The crime of forgery is a false making of any instrument, with intention to defraud." O. B. May, 1796, 2 Leach, 707. The counterfeiting of any writing with a fraudulent intent, whereby another may be prejudiced, (it is immaterial whether the party be actually injured or not,) is also a forgery at common law. 2 East's P. C. 861. (a) See the Report from a Select Committee of the House of Commons on the Criminal Law of England, dated 2d April, 1824, which contains a most able and accurate statement of the then existing law upon this subject. offence. |