The Sun.
London, England, 1801-02-02 00:00:00

Lam% 'of this Land. What Ig' upon.; -and I
mainly rely on it, is) the Teid to be found
in our Law -Books, as containing a SysteM of
Law; but also the Patliamentary Declaration on
which that Law was established, and the Skatntd
declares, as a definition of a Regrater, ". one who
bur: Corn, &c. in a Market, and sells the same
again within fonDmiles thereof." If this be not
so, then there is an end of the Case';, no punish-,
ment can be inflicted on the Defendant, because
in' that ease, there is no Law on which it can
be founded. I cannot "tell whether, according to
technical Warning, this prattice is to be cailecf.
an offence„ but certainly., to a, Layman, this'
seems to lead to dangerous consequences; It.
should seem as if it had been the intention of the
Law, that goods should come to an even market;
there to rind, 'fairly, -their le el price, so that:
every body should have, opportunty of buying
what he wanted. The Defendant buys Corn in -
large qnanti ties, and others, who want it, ace to,
rest on his humanity, whether they are ttilie fed
or-not :if they are to be fed at all, it is to'beat
the profit to him of two or thiee shillinn, per
Quarter, and.this, taking
,his Capital out of his
hand only for 24 hours, and allowing him. to ao
this every day in the year, that is 365 days, he'
will have 30001. per annum, Interest upon his
Capital; it may be right that this prietice should
continue, but this is the effeCt of it. I have,
considered this subjek% over ,and over again—itt
ha's hardly been ,out of mind since the trial of the'
Cause, for it then made .a very ileep impression
on me. ..frh matter and the Law 'of it, Were,
both ably treated by, 'my, Learned Ilrother, Upon:
my right .hand (M 6 Justice Gaosr.) the other:
day, (the Case of Mr.- W.-kontrtc-roli). ids": 111,
whiCh I beg leave to 'subscribe. Therefore,,
without considering whether the Law is right. or
wrong, we are bound, and, therefore, we shall,
unless the,.Parliament should interrupt us, give
Judgment ; that Judgment, -in my opinion, is
against the Defendant in this Case.
Mr... Justice GROSE.—I am not quite so
clear; I think this Case differs from the 'other,
to which my Lord Chief justice has just referred..
I never heard any thing more ably, or more sa_
tisfadorily argued,. than the' Case before ,us this
day. I wish to consider whetker the description-:
as stated in.the Indiament in this Case, is a suffi-
cient description of the offenceeomphithed of ? Or,
whether words ()tight not to have been added, to
signify that the Buying and Selling again in the
same Market, in this Case, .was 'with intent to
raise the Price of Provisions? Here I have so
much doubt, that, before
.1 deliver an opinion,
by which I would be bdtind, I wish to look into
Authorities, and consider' the consequences of
such a decision. -
With respeCk to_ the word Regrater, hap-
pen to know that that term, in some of the Coun-
ties of this Kingdom admits of a perfedly inno-
cent intent, and to have no reference whatever to
any view. of buying with _ intent to enhance -un-
fairly the price, but to mean merely a huckiter-
ing ; and that several persons are called Regrat-,
ers to whom nothing unfair in the way of trade
can with propriety be imputed.- Looking at. this
Indieiment, I do not observe. it is stated to. be
the intent of the Defendant to enhance the price
of the comthodity; and that. is the gravamen. in
cases of this sort.. There are a number of io-
stauces•which I could put, in which it could not
be ditlitult to see, that buying and selling again
in the same day, and perhaps in the 'same mar-
ket, and perhaps, too, at a IOI:ver price, f9r the
most laudable of all purposes: would be an offence
at the Common Law, if the construdion contend_
ed forOn the part oldie proieCution be establish-
ed to 'its 'tuft extent: 71 say this rather with a
view to throw out a doul)t and .difficulty which I
feel at preStnt ; but-, in my mind, if_ the de-
scription 'be sufficient,' there-an be no doubt
but that Regrating is an
.offence at' the 'Corn-
mon ,Law,-, and that then; the lndidment is
right; fur it states purchasingind selling' again
in the same market,' and 'states more, that Of
selling-to 11 very-large advantage ; but I doubt
whether it.ought not to have been stated that the
offence -was committed with intent to enhance
the. price ; therefore would rather, fob' the pre-
sent, pause a little before I give a decided
opi-
nion : if, in the course of a day or two,' I shall
be perfettly..satisfied,' that the -arguments on the
part of the CriiWn are corred in this 'particular, I
shall have no -difficulty-Ito say so ; nor any, if
• my opinion should !be 'in favour of -Defendant.
At present I had rather he excused than give an
opinion.bywhich I shall be bound dOwn.
Justice LAWRENCE' and Mr. Justice LE
BLANC agreed, that.Regrating,'was an offence at
:Common liaw, but had the same doubt'as Mr.
Justice ,QrtosE,, as to, whether the Indiament
should not have stated, that thetorn was bought
with intent to enhance the Price? The Case,
therefore; stood,over;
Mr. WADDINGTON'S:Case in Kent,
,was or-
dered to be brotight forward on sfhinsday:
On Monday, Lord KEYON -sits at Westmin-,
ter atnine o'clock, at nisi priu3.

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