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now the general punishment for all frauds of this kind, if indicted (as they may 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 fale, the forfeitures imposed by the feveral acts of parliament. Laftly, any deceitful practice, in cozening another by artful means, whether in matters of trade or otherwife, as by playing with falfe dice, or the like, is punishable with fine, imprisonment, and pillory *. And by the statutes 33 Hen. VIII. c. I. and 30 Geo. II. c. 24. if 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 consent of the owner, he shall suffer fuch punishment by imprisonment, fine, pillory, transportation, whipping, or other corporal pain, as the court fhall direct.
6. 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', is described by statute 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 persons from bringing their goods or provifions there; or perfuading them to enhance the price, when there: any of which practices make the market dearer to the fair trader.
7. REGRATING is described by the fame ftatute to be the buying of corn, or other dead victual, in any market, and selling them again in the same market, or within four miles of the place. For this alfo enhances the price of the provisions, as every fucceffive feller must have a fucceffive profit.
8. ENGROSSING, by the fame ftatute, is the getting into one's poffeffion, or buying up, of corn or other dead victuals, with intent to fell 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 provifions at their own discretion.
k I Hawk. P. C. 188.
12 Hawk. P. C. 235.
And the penalty for these three offences by this ftatute (which is the last that hath been made concerning them) is the forfeiture of the goods or their value, and two months imprisonment for the first offence; double value and fix months imprisonment for the fecond; and, for the third, the offender fhall forfeit all his goods, be fet in the pillory, and imprisoned at the king's pleafure. Among the Romans thefe offences, and other malepractices to raise the price of provifions, 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 selling, making, working, or ufing, of any thing whatsoever; whereby the fubject 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 firft: 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 ;) and monopolifts are punished with the forfeiture of treble damages and double cofts, to thofe whom they attempt to disturb; and if 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 praemunire. Combinations alfo among victuallers or artificers, to raife the price of provifions, or any commodities, or the rate of labour, are in many cafes feverely punished by particular ftatutes; and, in general, by ftatute 2 & 3 Edw. VI. C. 15. with the forfeiture of 10, or twenty days imprifonment,
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 of one ear, and perpetual infamy. In the fame manner, by a constitution of the emperor Zeno3, all monopolies and combinations to keep up the price of merchandize, provifions, or workmanship, were prohibited upon pain of forfeiture of goods and perpetual banishment.
10. To exercise a trade in any town, without having previously served as an apprentice for seven years, is looked upon to be detrimental to public trade, upon the supposed want of fufficient skill in the trader; and therefore is punished by ftatute 5 Eliz. c. 4. with the forfeiture of forty fhillings by the
II. LASTLY, to prevent the deftruction of our home manufactures, by transporting and feducing our artists to settle abroad, it is provided by ftatute 5 Geo. I. c. 27. that fuch as so entice or feduce them fhall be fined 100/, and be imprisoned three months; and for the second offence shall be fined at discretion, and be imprisoned a year: and the artificers, fo going into foreign countries, and not returning within fix months after warning given them by the British embassador where they refide, fhall 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 feducers incur, for the first offence, a forfeiture of 500 l. for each artificer contracted with to be sent abroad, and imprisonment for twelve months; and for the fecond, 1000, and are liable to two years imprisonment: and if any perfon exports any tools or utenfils ufed in the filk or woollen manufactures, he forfeits the fame and 200 l, and the captain of the ship (having knowlege thereof) 1007: and if any captain of a king's fhip, or officer of the customs, knowingly fuffers fuch exportation, he forfeits 100 /. and his employment; and is for ever made incapable of bearing any public office.
P Cod. 4. 59. 1.
4 See Vol. I. pag. 427.
OF OFFENCES AGAINST THE PUBLIC HEALTH,
AND THE PUBLIC POLICE OR OECONOMY.
HE fourth fpecies of offences, more especially affecting the commonwealth, are fuch 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 fpecial magiftrates or curators appointed.
1. THE first of these offences is a felony; but, by the bleffing of providence for more than a century paft, incapable of being committed in this nation. For by ftatute 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 conftable, or other head officer of his town or vill, to keep his house, and shall venture to disobey it; he may be inforced, by the watchmen appointed on fuch melancholy occafions, to obey such neceffary command: and, if any hurt enfue by fuch inforcement, the watchmen are thereby indemnified. And farther, if fuch perfon fo commanded to confine himself goes abroad, and converfes in company, if he has no plague fore upon him, he shall be punished as a vagabond by whipping, and be bound to his good behaviour: but, if he has any infectious fore upon uncured, he then fhall be guilty of felony. By the statute VOL. IV.
26 Geo. II.
26 Geo. II. c. 6. (explained and amended by 29 Geo. II. c. 8.) the method of performing quarentine, or forty days probation, by ships coming from infected countries, is put in a much more regular and effectual order than formerly; and masters of ships, coming from infected places and difobeying the directions there given, or having the plague on board and concealing it, are guilty of felony without benefit of clergy. The fame penalty alfo attends perfons escaping from the lazarets, or places wherein quarentine is to be performed; and officers and watchmen neglecting their duty; and perfons conveying goods or letters from ships performing quarentine.
2. A SECOND, but much inferior, fpecies of offence against public health is the felling of unwholfome provifions. To prevent which the statute 51 Hen. III. ft. 6. and the ordinance for bakers, c. 7. prohibit the fale of corrupted wine, contagious or unwholsome flesh, or flesh that is bought of a Jew; under pain of amercement for the first offence, pillory for the second, fine and imprisonment for the third, and abjuration of the town for the fourth. And by the statute 12 Car. II. c. 25. §. 11. any brewing or adulteration of wine is punished with the forfeiture of 100, if done by the wholesale merchant; and 40 l, if done by the vintner or retale trader. These are all the offences which may properly be faid to respect the public health.
V. THE laft fpecies of offences which especially affect the commonwealth are thofe against the public police and oeconomy. By the public police and oeconomy I mean the due regulation and domestic order of the kingdom: whereby the individuals of the state, like members of a well-governed family, are bound to conform their general behaviour to the rules of propriety, good neighbourhood, and good manners; and to be decent, induftrious, and inoffenfive in their respective stations. This head of offences must therefore be very miscellaneous, as it comprizes all such crimes as especially affect public fociety, and are not comprehended under any of the four preceding species. These