tomed hour, or by buying and selling again the same thing in the same market, or by any other such like devices, are highly criminal, and punishable by fine and imprisonment.

By the common law a merchant bringing victuals into the realm 3 Inst. 196. may sell the same in gross: But no person can lawfully buy within

the realm any merchandize in gross, and sell the same in gross again, without being liable to be indicted for the same.

The bare ingrossing of a whole commodity, with an intent to sell it at an unreasonable price, is an offence indictable at common § 3. law, whether any part thereof be sold by the ingrosser or not.

Haw, c. 80.

1 Haw. c. 80.

And so jealous is the common law of all practices of this kind, that it will not suffer corn to be sold in the sheaf; perhaps for § 4. this reason, because by such means, the market is in effect forestalled.

By the statute of the 5 & 6 Ed. 6. c. 14. these offences were particularly described; which statute, though now repealed as aforesaid, yet may be of use as containing a parliamentary exposition of the respective terms denoting the several particular offences; and is to the following effect:

Whosoever shall buy or cause to be bought any merchandize, vic- 5 & 6 E. 6. c. 14. tual, or any other thing whatsoever, coming by land or by water toward any market or fair to be sold in the same, or coming towards any city, port, haven, creek, or road from any parts beyond the sea to be sold; or make any bargain, contract, or promise, for the having or buying the same, or any part thereof, so coming as is aforesaid, before the said merchandize, victuals, or other things shall be in the market, fair, city, port, haven; creek, or road, ready to be sold; or shall make any motion by word, letter, message, or otherwise, to any person for the enhancing of the price, or dearer selling of any thing above mentioned; or else dissuade, move, or stir any person coming to the market or fair, to abstain or forbear to bring or convey any of the things above rehearsed to any market, fair, city, port, haven, creek, or road to be sold as aforesaid shall be deemed a forestaller.

§3. Whosoever shall ingross, or get into his hands by buying, contracting, or promise taking, other than by demise, grant, or lease of land or tythe, any corn growing in the fields, or any other corn or grain, butter, cheese, fish, or other dead victuals whatsoever, to the 'intent to sell the same again, shall be deemed an unlawful ingrosser. §2. And whosoever shall by any means regrate, obtain, or get into 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 the 5 & 6 E. 6. the offences of forestalling, ingrossing, and regrating, remain punishable at common law; and indeed lamentable would

(a) Regrator is said to be derived from the French word regratement, for huck stery, 3 Inst. 195.

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 ably argued at the bar, and well considered by the court, the following were declared to be among the offences at common law, and not done away by the repeal of the 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 en hance the price.

4. Getting into his hands 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 R. v. Wadding 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.

ton.

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 consumer; see Smith's Wealth of Nations, book 4. c. 5. and Index, title 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, the court were equally divided on the question, whether regrating is an indictable offence at commou law, and though the defendant was convicted, no judgment was ever passed upon him. 2 Crim. Law, 528. (n)

An indictment for ingrossing " a great quantity" of fish, geese, Indictment must and ducks, was holden bad; for the quantity of each ought to be state the quan- specified. R. v. Gilbert, 1 East, 583.

tity.

Forests. See Game.

Forfeiture.

The forfeitures for particular offences may be found under their respective titles; here it is treated of forfeitures in general.

I. Of forfeiture of lands and goods.

[1 R. 3. c. 3.]

[1 Ed. 6. c. 12. 5 & 6 Ed. 6. c. 11]. III. Of corruption of blood.

I. Of forfeiture of lands and goods.

seems agreed that by the common law all lands of inheritance, Forfeiture of whereof the offender was seised in his own right, and also all lands. 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 17 Ed. 2. c. 16. holden of him, upon an escheat for petit treason or felony, with

out a special grant, till it appear by due process that the king hath had his prerogative of the year, day, and waste. Id. § 3.

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.

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 followin cases;

(1) Upon a conviction of treason or felony. 2 Haw. c. 49. § 13.

(2) Upon a flight found before the coroner, on view of a dead body. Id. § 14.

(3) Upon an acquittal of a capital felony, if the party is found

Forfeiture upon outlawry.

Forfeiture in sc defendendo.

To what time the forfeiture shall relate.

What is to be done with the felon's goods before

feiture.

(4) Also a person indicted of petit larceny, and acquitted, yet if it be found he fled for it, forfeits his goods as in case of grand larceny. 1 Hale, 530. 2 Haw. c. 49. § 14.

But it is certain that the party may in all cases, except that of the coroner's inquest, traverse the finding of the flight. Also it seems agreed that the particulars of the goods found to be forfeited may be also traversed. 2 Haw. c. 49. § 14.

(5) 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.

(6) By being waived or left by a felon in his flight, whereby he 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.

(7) Also a convict within clergy, forfeits all his goods, though he be burnt in the hand; yet thereby he becomes capable of purchasing other goods. 2 Hale, 388, 389.

But on burning in the hand, he ought to be immediately restored to the possesion of his lands. 2 Hale, 389.

(8) If a person be found felo de se, he shall forfeit his goods. and chattels, but not his lands. 3 Inst. 54. 5 Rep. 109.

Upon outlawry in treason or felony, the offender shall lose and forfeit as much as if he had appeared, and judgment had been given against him, as long as the outlawry is in force. Wood's Inst. b. 4. c. 5.

And those that tarry till the exigent in treason, felony, or petit larceny, forfeit their goods, though they render themselves to justice, and are acquitted; for it was a flight in law. Id.

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.

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 L. Hale, saith thus;

It seemeth clear that at the common law, if a man had com. mitted 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 indicted, in case he would give security against their being embezzled, 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.

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.

And then as to the statute of 1 R. 3. c. 3. it is as follows;

No sheriff or other person shall take or seize the goods of any person arrested or imprisoned for suspicion of felony, before he be convicted or attainted, or before the goods be otherwise forfeited; on pain of double value to the party grieved.

Mr. Staundforde thinks this is but in affirmance of the common law, only that it gives a penalty; but it seems to be somewhat more; for this prohibits the seizure of the goods of a party imprisoned, though he were also indicted, but not yet convicted, where unquestionably the common law allowed such a seizure, if the party or his friends did not secure the forthcoming of the goods, where the party was indicted.

But upon this statute these things are considerable; 1. As to persons at large, it seems to me (says he), that if they fly not, there can be no seizure at all made, whether they are indicted or not; for the statute did not intend a greater privilege to a party imprisoned, than to him that is at large. 2. That if he be at large, and fly for it, yet his goods cannot be seized and removed, whether he be indicted or not indicted. 3. That if he be indicted, and at large, yet the goods cannot be removed, but only viewed, appraised, and inventoried, in the house or place where they lie. And yet I know not how it comes to pass, says he, the use of seizing the goods of persons accused of felony, though imprisoned or not imprisoned, hath so far obtained notwithstanding this statute, that it passeth for law and common practice, as well by constables, sheriffs, and other the king's officers, as by lords of franchises, that there is nothing more usual.

Upon the whole, he says, that the opinion of my L. Coke, in his 3 Inst. 228, hath truly stated the law, at least as it stands upon the statute of 1 R. 3. viz. 1. That before the indictment, the goods of any person cannot be searched, inventoried, or in any sort seized, 2. That after the indictment, they cannot be seized and removed, or taken away before conviction or attainder.

But then it may be said, to what purpose may they be searched and inventoried, after indictment, if they may not be removed, but are equally liable to embezzling as before:

I think (he says) he is not bound to find sureties, neither hath the officer at this day any power to remove them in default of sureties, and commit them to the vill, but only to inventory them, and leave them where he found them, (unless in case of a second capias on the 25 Ed. 3. c. 14.) for the prisoner or party indicted may sell them bond fide; and if he may do so, the vendee may take them, and the villata cannot refuse the delivering of them to the

1 R. 3. c. 3.