Indictment for a forcible Entry and Detainer at Common Law. That A. B. late of, &c. C. D. late of, &c. and E. F. late of, &c. together with divers other persons, to the number of six or more, whose names are to the jurors aforesaid as yet unknown, on, &c. with force and arms, and with pistols, staves, and other offensive weapons, &c. aforesaid, into a certain messuage and garden (ƒ) there situate and being, and then and there in the peaceable possession of G. H. unlawfully, violently, and injuriously, and with a strong hand (g) did enter; and that the said A. B., C. D., and E. F., together with the said other persons, then and there, with force and arms, and with a strong hand, unlawfully, violently, forcibly, and injuriously did expel, amove, and put out the said G. H. from the possession of the said messuage and garden, and the said G. H. so as aforesaid expelled, amoved, and put out from the possession of the same, then and there, with force and arms, and with a strong hand, unlawfully, violently, forcibly, and injuriously have kept out (k), from the day and year aforesaid until the taking of this inquisition, and still do keep out, to the great damage of the said G. H. and against the peace, &c.

Indictment for a forcible Entry into a Freehold, under 5 R. II. c. 8.

That one C. D. on, &c. was seised in his demesne as of fee [describing the estate, whether in fee simple, or for life], of and in a certain messuage with the appurtenances there situate; and that A. B. late of, &c. on, &c. at, &c. while the said C. D. was so seised of the said messuage with the appurtenances as aforesaid, and was peaceably possessed thereof, into the said messuage with appurtenances, with force and arms, and with strong hand (i) unlawfully did enter, and the said C. D. from the peaceable possession of the said messuage with the appurtenances, then and there, with force and arms, and with strong hand, unlawfully and injuriously did expel and put out; and the said C. D. from the possession thereof so as aforesaid, with force and arms, and with a strong hand, being unlawfully expelled and put out, the said A. B. from the said, &c. until the taking of this inquisition, from the possession of the said messuage with the appurtenances, with force and arms, and with strong hand, unlawfully and injuriously then and there did keep out, and still doth keep out (j); against the form of the statute, &c. and against the peace, &c.

Indictment on 21 Jac. I. c. 15.]—An indictment on 21 Jac. I. c. 15, will be exactly the same as the above, except in the introductory

(f) The premises must be described with certainty; and therefore an allegation that the defendant entered a tenement will not suffice, 3 Leon. 102; Co. Lit. 6 a.

(g) Necessary words, meaning something more than a common trespass, see ante, p. 376, and note (w).

(h) The same description and degree of force is necessary to constitute a forcible detainer, as a forcible entry; Dalt. 126; Hawk. B. 1, c. 64, s. 30.

(i) These or equivalent words are necessary even in an indictment on the

statute; for it would not suffice to describe on the record a mere civil trespass. See 3 Burr. R. 1698.

(j) No indictment can warrant an award of restitution, unless it alleges that the wrong-doer both ousted the party grieved and continued in possession at the time of finding the indictment; for it would be a repugnancy to award restitution to one who never was in possession, and vain to award it to one who does not appear to have lost it, Hawk. B. 1, c. 64, s. 41.

description of the prosecutor's estate, which should be alleged according to the fact, as for a term of years unexpired, or as a copyhold tenancy, or tenancy by elegit, statute merchant, or statute staple.

SECTION XV.

FORESTALLING, REGRATING, AND ENGROSSING.

Offences.]-Forestalling is the buying or contracting for any species of provisions or merchandize in the way to market, dissuading persons from bringing goods thither, or persuading them to enhance the price when there, so that prices may be raised in the market (k). Regrating is the buying corn or other victual, in any market, and selling it again in the same market, or within four miles of the same market, which has been supposed also, of necessity, to enhance prices (1). Engrossing is the buying up a large quantity of any kind of food, with a view to sell again, so as to engross and control the market (m). An old statute, 5 & 6 Ed. VI. c. 14, was directed against these supposed offences, which were believed to have a tendency to prevent the public from being supplied with the necessaries of life upon reasonable terms. This statute was repealed by 12 G. III. c. 71; yet the courts have still considered forestalling and engrossing offences at common law (n); and as to regrating, the judges were equally divided (o). It seems, however, that, at the present day, acts of this kind would not be deemed offences unless conducted to an extent manifestly injurious to the public, or accompanied by circumstances manifesting a direct intention to do a public injury (p).

Indictment for Forestalling.

That A. B. late of, &c. on, &c. at, &c. unlawfully did buy and cause to be bought of and from one C. D. thirty (g) lambs, then and there coming and being driven to a certain market in the county of ——, called market, for the sale of oxen,

heifers, cows, sheep, and lambs, for the purpose of being exposed to sale and sold in the said market, and before the same were brought into the said market, where the same should have been sold, with intent then and there to raise and enhance the

(4 Bla. Com. 360. See 3 Inst. 535.

(1) Id. ibid.

(m) Id. ibid.

(n) R. v. Waddington, 1 East, 143. (0) R. v. Rushton, Hil. Term, 40 G. JII.

(p) See R. v. Webb and others, 14 East, 406; and Pratt v. Hutchinson, 15 East, 511.

(q) "A great quantity of fish, geese and ducks," held bad for not showing the quantity of each, R. v. Gilbert, 1 East, 583.

price of lambs in the said market, to the great prejudice of all the liege subjects of our said lady the Queen resorting to the said market, and against the peace, &c.

Indictment for Regrating.

That A. B. late of, &c. on, &c. at, &c. in a certain market called the Corn Exchange there, unlawfully did buy, obtain, and get into his hands and possession, of and from C. D., E. F., and G. H. a large quantity, to wit, ninety quarters, of oats, of the growth and produce of this kingdom of Great Britain, at and for the price or sum of forty-one shillings for each and every of the said ninety quarters of oats; and afterwards, to wit, on the same, &c. he the said A. B. at, &c. in the same market, there called the Corn Exchange, unlawfully did regrate a large quantity, to wit, thirty quarters of the said oats, and sell the said thirty quarters of the said oats again to L. M. at and for the price or sum of forty-three shillings for each and every of the said thirty quarters of the said oats; against the peace, &c.

Indictment for Engrossing.

That A. B. late of, &c. on, &c. at, &c. unlawfully did engross and get into his hands by buying of and from divers persons to the jurors aforesaid as yet unknown, a large quantity, to wit, four thousand quarters of wheat, with intent to sell the same again at a great and unreasonable profit, and to enhance and raise the price of wheat; against the peace, &c.

SECTION XVI.
GAME-OFFENCES RELATING TO.

1. Offences under 9 G. IV. c. 69.

2. Offences under 7 & 8 G. IV. c. 29, s. 30.

1. Offences under 9 G. IV. C. 69.-Recital of 57 G. III. c. 9.]— Offences against the game laws are, for the most part, punishable by summary conviction; but the being "found armed at night, with intent to kill game," was made punishable as a misdemeanour by 57 G. III. c. 9, which reciting, "that idle and disorderly persons frequently go armed in the night time, for the purpose of protecting themselves, and aiding and assisting each other in the illegal destruction of game and rabbits, and that such practices are found by experience to lead to the commission of felonies and murders;" enacted, "That if any person or persons, having entered into any forest, chase, park, wood, plantation, close, or other open or inclosed ground, with the intent illegally to destroy, take, or kill game or rabbits, or with the intent to aid, abet, or assist any person or persons illegally to destroy, take, or kill game or rabbits, shall be found at night, that is to say, between the hours of six in the evening and seven in the morning, from the first day of October to the first day of February; between seven in the evening

and five in the morning, from the first day of February to the first day of April; and between nine in the evening and four in the morning, for the remainder of the year, armed with any gun, cross-bow, firearms, bludgeon, or any other offensive weapon, every such person so offending, being thereof lawfully convicted, shall be adjudged guilty of a misdemeanour, and shall be sentenced to transportation for seven years, or shall receive such other punishment as may by law be inflicted on persons guilty of misdemeanour, and as the court before which such offenders may be tried and convicted shall adjudge; and if any such offender or offenders shall return into Great Britain before the expiration of the term for which he or they shall be so transported, contrary to the intent and meaning hereof, he or they so returning, and being thereof duly convicted, shall be adjudged guilty of felony, and shall be sentenced for transportation for the term or terms of his or their natural life or lives." This statute has been repealed, and more complicated, but in some respects less severe, provisions substituted in its room, as follows:

Third offence of by Night unlawfully destroying Game or Rabbits, or by Night unlawfully being in any Land with Instrument for purpose of taking Game-Misdemeanour.]-The 9 G. IV. c. 69, enacts by s. 1, that" if any person shall, after the passing of this act [i. e. 19 July, 1828], by night unlawfully take or destroy any game or rabbits in any land, whether open or inclosed,—or shall, by night, unlawfully enter or be in any land, whether open or inclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game (r); such offender shall upon conviction thereof before two justices of the peace, be committed, for the first offence, to the common gaol or house of correction for any period not exceeding three calendar months, there to be kept to hard labour; and, at the expiration of such period, shall find sureties by recognizance, or, in Scotland, by bond of caution, himself in ten pounds and two sureties in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties are sooner found; and in case such person shall so offend a second time, and shall be thereof convicted before two justices of the peace, he shall be committed to the common gaol or house of correction for

(r) If the parties were out by night ing rabbits only, it is not within this on land for purpose of taking or destroy

clause.

any period not exceeding six calendar months; and at the expiration of such period shall find sureties by recognizance or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following; and in case of not finding such sureties shall be further imprisoned and kept to hard labour for the space of one year, unless such sureties are sooner found; and in case such person shall so offend a third time, he shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and, in Scotland, if any person shall so offend a first, second, or third time, he shall be liable to be punished in like manner as is hereby provided in each case."

Apprehending Offenders.—Assaults by them.]—By sect. 2, “where any person shall be found upon any land, committing any offence as before mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a right or reputed right of free warren or free chase therein, or for the lord of the manor or reputed manor wherein such land shall be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting him, to seize and apprehend such offender upon such land, or, in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him as soon as may be into the custody of a peace officer, in order to his being conveyed before two justices of the peace; and in case such offender shall assault or offer any violence with any gun, cross-bow, fire-arms, bludgeon, stick, club, or other offensive weapons whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanour, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour for any term not exceeding two years."

Evidence of former Convictions.]—In order to facilitate the proof of an indictment for the third offence under s. 1 of this act, all convictions for a first and second offence are directed to be returned to the sessions; and the record of such conviction, or any copy of such record, is evidence on the trial for the third offence (q); but prosecu

(9) Sect. 8.