law, viz.: the bankrupt's neglect of surrendering himself to his creditors; his non-conformity to the directions of the several statutes; his concealing or embezzling his effects to the value of 207.; and his withholding any books or writings with intent to defraud his creditors: all which the policy of our commercial country has made felony without benefit of clergy. (e)1 And indeed it is allowed by such as are the most averse to the infliction of capital punishment, that the offence of fraudulent bankruptcy, being an atrocious species of the crimen falsi, ought to be put upon a level with those of forgery and falsifying the coin. (f) And even without actual fraud, if the bankrupt cannot make it appear that he is disabled from paying his debts by some casual loss, he shall by the statute 21 Jac. I, c. 19, be set on the pillory for two hours, with one of his ears nailed to the same and cut off. To this head we may also subjoin, that by statute 32 Geo. II, c. 28, it is felony punishable by transportation for seven years, if a prisoner, charged in execution for any debt under 1007., neglects or refuses on demand to discover and deliver up his effects for the benefit of his creditors. And these are the only felonious offences against public trade; the residue being mere misdemeanors; as, 4. Usury, which is an unlawful contract upon the loan of money, to receive the same again with exorbitant increase. Of this also we had occasion to discourse at large in a former volume. (g) We there observed that by statute 37 Hen. VIII, c. 9, the rate of interest was fixed at 10l. per cent. per annum, which the statute 13 Eliz. c. 8, confirms: and ordains that all brokers shall be guilty of a præmunire that transact any contracts for more, and the securities themselves shall be void. The statute 21 Jac. Í, c. 17, reduced interest to eight per cent.; and, it having been lowered in 1650, during the usurpation, to six per cent., the same reduction was re-enacted after the restoration by statute 12 Car. II, c. 13; and, lastly, the statute 12 Ann. st. 2, c. 16, has reduced it to five per cent. Wherefore, not only all contracts for taking more are in themselves totally void, but also the lender shall forfeit treble the *money [*157] borrowed. Also, if any scrivener or broker takes more than five shillings per cent. procuration money, or more than twelve pence for making a bond, he shall forfeit 201. with costs, and shall suffer imprisonment for half a year. And by statute 17 Geo. III, c. 26, to take more than ten shillings per cent. for procuring any money to be advanced on any life-annuity, is made an indictable misdemeanor, and punishable with fine and imprisonment: as is also the offence of procuring or soliciting any infant to grant any lifeannuity; or to promise, or otherwise engage to ratify it when he comes of age. 5. Cheating by false weights and measures.- Cheating is another offence, more immediately against public trade; as that cannot be carried on without a punctilious regard to common honesty, and faith between man and man. Hither, therefore, may be referred that prodigious multitude of statutes, which are made to restrain and punish deceits in particular trades, and which are enumerated by Hawkins and Burn, but are chiefly of use among the traders themselves. The offence also of breaking the assize of bread, or the rules laid down by law, and particularly by the statutes 31 Geo. II, c. 29, 3 Geo. III, c. 11, and 13 Geo. III, c. 62, for ascertaining its price in every given quantity, is reducible to this head of cheating; as is likewise in a peculiar manner the offence of selling by false weights and measures; the standard of which fell under our consideration in a former volume. (h) The punishment of bakers breaking the assize was anciently to stand in the pillory, by statute 51 Henry III, st. 6, and for brewers (by the same act), to stand in the tumbrel or dungcart: (2) which, as we learn from the domesday book, was the punishment for knavish brewers in the city of Chester, so early as the reign of Edward the Confessor. "Malam cerevisiam faciens, in cathedra ponebatur stercoris." (He who made bad beer, was placed in a dungcart.) () But now the general punishment for all frauds of this kind, if indicted (as they may [*158] be) at common law, is by fine and imprisonment: though the easier and more usual way is by levying on a summary conviction, by distress and sale, the forfeitures imposed by the several acts of parliament. Lastly, any deceitful practice, in cozening another by artful means, whether in matters of trade or otherwise, as by playing with false dice, or the like, is punishable with fine, imprisonment, and pillory. (k) And by the statutes 33 Hen. VIII, c. 1, and 30 Geo. II, c. 24, if any man defrauds another of any val uable chattels by colour of any false token, counterfeit letter, or false pretence, or pawns or disposes of another's goods without the consent of the owner, he shall suffer such punishment by imprisonment, fine, pillory, transportation, whipping or other corporal pain, as the court shall direct.2 6. Forestalling the market. The offence of forestalling 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 statute 5 and 6 Edw. VI, c. 14, to be the buying or contracting for any merchandize or victual coming in the way to 1 Frauds upon public justice and such as affect the crown and public though arising from some particular transac tion with an individual, are indictable as cheats at common law. 1 Russell on Crimes, 285. Under this head come such cheats as are effected by means of false tokens, measures or weights, and false dice. Russell, 289. 2 By statute 24 and 25 Vic., c. 96, s. 88, "Whosoever shall, by any false pretense, obtain from any other person (j) Seld. tit. of Hon. b. 2, c. 5, § 2. any chattel, money or valuable security with intent to defraud, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, 'at the discretion of the court, to be kept in penal servitude for the term of three years, or be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement." See as to this offense, 1 Bish. Cr. L., $518; 2 Russ. on Crimes, 286, et seq. market; or dissuading persons from bringing their goods or provisions there; or persuading them to enhance the price, when there: any of which practices make the market dearer to the fair trader.1 7. Regrating or speculating.- Regrating was described by the same statute to be the buying of corn, or other dead victual, in any market, and selling it again in the same market, or within four miles of the place. For this also enhances the price of the provisions, as every successive seller must have a successive profit. 8. Engrossing was also described to be the getting into one's possession, or buying up, large quantities of corn, or other dead victual, with intent to sell them again. This must of course be injurious to the public, by putting it in the power of one or two rich men to raise the price of provisions at their own discretion. And so the total engrossing of any other commodity, with intent to sell it at an unreasonable *price, is an offence indictable and finable [*159] at the common law. (m) And the general penalty for these three offences by the common law (for all the statutes concerning them were repealed by 12 Geo. III, c. 71), is, as in other minute misdemeanors, discretionary fine and imprisonment. (n) Among the Romans these offences, and other malpractices to raise the price of provisions, were punished by a pecuniary mulct. "Pana viginti aureorum statuitur adversus eum, que contra annonam fecerit, societatemve coierit quo annona carior fiat." (Those who entered into any association, or employed any other means, by which the price of provisions was enhanced, were amerced in a fine of twenty guineas.) (0) 9. Monopolies are much the same offence in other branches of trade, that engrossing is in provisions: being a license or privilege allowed by the king for the sole buying and selling, making, working or using of any thing whatsoever; whereby the subject in general is restrained from that liberty of manufacturing or trading which he had before. (p)3 These had been carried to an enormous height during the reign of Queen Elizabeth; and were heavily complained of by Sir Edward Coke, (2) in the beginning of the reign of King James the First: but were in a great measure remedied by statute 21 Jac. I, c. 3, which declares such 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; and except also patents concerning printing, saltpetre, gun-powder, great ordnance and shot); and monopolists are punished with the forfeiture of treble damages and double costs, to those whom they attempt to disturb; and if they procure any action, brought against them for these damages, to be stayed by any extra-judicial order, other than (m) Cro. Car. 232. (n) 1 Hawk. P. C. 235. (p) 1 Hawk. P. C. 321. (q) 3 Inst. 181. This and the two following offenses are now done away with by statute 7 and 8 Vic., c. 24. 2[Engrossing is what is called in this country cornering the market. Kirk. patrick v. Bonsall, 72 Pa. St. 158.] (0) Ff. 48, 12, 2. eral and state laws prohibit__them. 4 Amended by statute 5 and 6 Wm. 4, c. 83. See also statute 7 and 8 Vic., 3 [Combinations and trusts are illegal c. 24. because they tend to monopolies. Fed of the court wherein it is brought, they incur the penalties of promunire. Combinations, also, among victuallers or artificers, to raise the price of provisions, or any commodities, or the rate of labor,1 are in many cases severely punished by particular statutes; and in general by statute 2 and 3 Edw. VI, c. 15, with the forfeiture of 10%., or twenty-one days' imprisonment with an allowance of only bread and water, for the first offence; 207. or the pillory, for the second; and *407. for the third, or else the pillory, loss [*160] of one ear and perpetual infamy. In the same manner by a constitution of the Emperor Zeno, (r) all monopolies and combinations to keep up the price of merchandise, provisions or workmanship, were prohibited upon pain of forfeiture of goods and perpetual banishment.2 10. Practicing a trade without learning it.-To exercise a trade in any town, without having previously served as an appren tice for seven years, (8) is looked upon to be detrimental to public trade, upon the supposed want of sufficient skill in the trader: and (8) See book I, page 427. (r) Cod. 4, 59, 1. 1 All prior acts relative to labor combinations were repealed by 6 Geo. IV, c. 129. See further in reference to the matter, 9 Geo. IV, c. 31; and 22 Vic., c. 34, and 24 and 25 Vic., c. 100. 2 The following is an important recent enactment-34 and 35 Vic., c. 32 — for the protection of both employers and laborers, against unlawful combinations and attempts at intimidation. Be it enacted, etc.: 1. Any person who shall do any one or more of the following acts, that is to say: (1) Use violence to any person or any property; (2) Threaten or intimidate any person in such manner as would justify a justice of the peace, on complaint made to him, to bind over the person so threatening or intimidating to keep the peace; (3) Molest or obstruct any person in manner defined by this section. With a view to coerce such person; (1) Being a master, to dismiss or cease to employ any workman, or, being a workman, to quit any employment, or to return work before it is finished; (2) Being a master, not to offer, or, being a workman, not to accept any employment or work; (3) Being a master or workman, to belong or not to belong to any temporary or permanent association or combination; (4) Being a master or workman, to pay any fine or penalty imposed by any temporary or permanent association or combination; (5) Being a master, to alter the mode of carrying on his business, or the number or description of any persons employed by him, Shall be liable to imprisonment, with or without hard labor, for a term not exceeding three months. A person shall, for the purposes of this act, be deemed to molest or obstruct another person in any of the following cases, that is to say: (1) If he persistently follow such person about from place to place; (2) If he hide any tools, clothes or other property owned or used by such person, or deprive him of or hinder him in the use thereof; (3) If he watch or beset the house or other place where such person resides or works or carries on business, or happens to be, or the approach to such house or place, or if, with two or more other persons, he follow such person in a disorderly manner in or through any street or road. Nothing in this section shall prevent any person from being liable under any other act or otherwise to any other or higher punishment than is provided for any offense by this section, so that no person be punished twice for the same offense. Provided, that no person shall be liable to any punishment for doing or conspiring to do any act on the ground that such act restrains or tends to restrain the free course of trade, unless such act is one of the acts herein before specified in this section, and is done with the object of coercing as hereinbefore mentioned. therefore is punished by statute 5 Eliz. c. 4, with the forfeiture of forty shillings by the month.1 11. Transporting artisans.-Lastly, to prevent the destruction of our home manufactures by transporting and seducing our artists to settle abroad, it is provided by statute 5 Geo. I, c. 27, that such as so entice or seduce them shall be fined 1007., and be imprisoned three months: and for the second offence shall be fined at discretion, and be imprisoned a year: and the artificers, so going into foreign countries, and not returning within six months after warning given them by the British ambassador where they reside, shall be deemed aliens, and forfeit all their lands and goods, and shall be incapable of any legacy or gift. By statute 23 Geo. II, c. 13, the seducers incur, for the first offence, a forfeiture of 5001. for each artificer contracted with to be sent abroad, and imprisoned for twelve months: and for the second 1,000l., and are liable to two years' imprisonment; and by the same statute, connected with 14 Geo. III, c. 71, if any person exports any tools or utensils used in the silk, linen, cotton, or woollen manufactures (except wool-cards to North America), (t) he forfeits the same and 2007., and the captain of the ship (having knowledge thereof) 1007.; and if any captain of a king's ship, or officer of the customs, knowingly suffers such exportation, he forfeits 100l. and his employment; and is for ever made incapable of bearing any public office; and every person collecting such tools or utensils in order to export the same, shall, on conviction at the assizes, forfeit such tools, and also 2007.1 OF OFFENCES AGAINST THE PUBLIC HEALTH, AND THE PUBLIC POLICE OR ECONOMY. The fourth species of offences more especially affecting the commonwealth, are such as are against the public health of the nation; a concern of the highest importance, and for the preservation of which there are in many countries special magistrates or curators appointed. 1. Violating quarantine.—The first of these offences is a felony; but, by the blessing of Providence, for more than a century past, incapable of being committed in this nation. For by statute 1 Jac. I, c. 31, it is enacted, that if any person infected with the plague, or dwelling in any infected house, be commanded by the mayor or constable, or other head officer of his town or vill, to keep his house, and shall venture to disobey it, he may be enforced, by the watchman appointed on such melancholly occasions, to obey such neces (t) Stat. 15 Geo. III, c. 5. 1 The part of this statute here re- from going abroad are repealed by statferred to was repealed by statute 54 ute 5 Geo. IV, c. 97, and 6 and 7 Vic., Geo. III, c. 96, s. 1. c. 84. 2 All statutes prohibiting artificers |