thors, which may may be exclusively enjoyed for a term of CH. 205. years, under acts of Congress? Art. 6.

This common law against these offences of forestalling, engrossing, regrating, and monoplies, has borne the test of ages, Comment. and have been wise and useful. The fault has not been in this law in the United States, but in the non-execution of it. Its notorious violations have often been complained of, but scarcely in any instances prosecuted; partly owing to the difficulty there has ever been in defining and proving these offences; and therefore the possible failures of prosecutions when commenced; but not wholly to this cause, for this difficulty is nearly the same in every country; yet in many countries in Europe, and in which there is a tolerable share of freedom, this kind of law has usually been tolerably well executed. But the principal cause to which the inexecution of this portion of the common law is owing, in the United States, is the easy and indulgent temper and character of the people generally, who have ever been disposed to suffer themselves to be cheated and imposed upon in these ways, by these kinds of offenders, in hundreds of instances, complaining generally, but never prosecuting. When, on any particular occasion, the evil has been very great, and high prices very sensibly felt, an effort has been made to produce a remedy, but not in the right way, that is, not by a steady and regular execution of this common law, and by preserving in circulation a uniform circulating medium, of known, general, and intrinsic value; but by a resort to price acts, to regulate prices of commodities and the necessaries of life, absurdly supposing these prices can be regulated by law. An attempt of this kind was made in this State, in the year 1777. The legislature passed "an act to prevent monopoly and oppression." It recited that many avaricious persons, by daily adding to the then "exorbitant prices of every necessary and convenient article of life, and increasing the price of labour in general," had made it necessary to put a speedy stop to such prices &c., and enacted, that after a day named "the price of farming-labour, in the summer season, shall not exceed three shillings, by the day, and found as usual; and so in usual proportion at other seasons of the year ;" and the labour of mechanics and tradesmen, and other labour, to be in the usual proportions; that articles enumerated, (almost every thing used in living,) should not be sold for a higher price than expressed in this act, namely, good merchantable wheat 7s. 6d. a bushel; good indian meal or corn, 4s. a bushel, (present monies 66 cts. and two thirds of a cent;) so each good merchantable article, as sheep's wool, 2s. a pound; fresh pork, 4d. half-penny a pound; hides, 3d.; flax, 1s.; cotton, by the bag, 3s.; rough tallow,

CH. 205. 5d. a pound; West India rum, 6s. 9d. a gallon, by the hogsArt. 6. head; New England rum, 4s. 6d. by the single gallon; best

Muscovado sugar, £3, (or $10,) by the single hundred; butter, 10d. a pound; beef, well fatted at grass, 3d., and stall fed beef well fatted, 4d. a pound; mutton, lamb, and veal, 4d. a pound, and many other articles &c. ;-prices were meant for Boston.

It was soon found this law did not produce the desired effect. The penalties it enacted were disregarded. Soon after, to enforce it, an additional act was passed, and provision was made to vary some prices; but all to no effect; and after a few months' experience, and in the same year, both these acts were repealed, because, as the legislature acknowledged, they did not answer the purposes intended.

Two remarks on this measure deserve attention: 1. The evils in it, complained of, were not the common law offences described in this chapter, for there was no more forestalling, engrossing, &c. in 1777, than at other times; nor was this measure an attempt to punish those offences, but it was to oblige all the people to sell at fixed prices, in fact for paper money, much depreciated, as then there was no money, but an accumulated mass of paper was in circulation, a thing utterly impracticable. It was, in fact, an attempt to oblige the people to sell many articles at half their value.

Second. The prices, in this act fixed, deserve attention. For instance, farming labour in the summer season, at 3s., or 50 cts., a day; stall fed well fatted beef, mutton, lamb, and veal, each at 4d. a pound, short of 6 cts. These were deemed average prices, payable in paper money, even after it had depreciated very considerably. Bread stuffs were then dear, because the people of Massachusetts could not then obtain their usual supplies from the middle and southern States, by reason of the then existing war, and the enemy having the command of the ocean. And, for the same reason, all imported goods were much dearer than in times of peace. Yet in the third year of the war the best Muscovado sugar was put at £3, or $10, a hundred, &c. &c. This act is a part of the evidence which proves how much our prices have risen and money depreciated.

CH. 206.
Art. 1.

CHAPTER CCVI.

GAMING AND GAMING HOUSES, INNS. &c. IDLERS, &c.

ART. 1. General principles. Gaming, and immoralities in gaming-houses, inns, retailers' shops, play-houses, and idleness, are offences always associated and in company. Men are so made and constituted, that idleness is tedious, and constantly wants relief. How to pass away, or in other words, to kill time, is ever an inquiry among idle men, or men who want the steady and regular employments of industry, and rational pursuits. With such, one mode of relief has ever been, to resort to gaming, to gaming-houses, to taverns, grogshops, play-houses, billiard-tables, &c. These, in their turn, have a direct and irresistible tendency to produce idleness, intemperance, and habits the most immoral and vicious. These are the places in which men often become intemperate, lazy, and immoral; and men, any way inclined to be of this description, are almost instinctively drawn to these places. Then, to regulate and keep in good order these places, is in effect, to correct, as well as to prevent, in many cases, intemperate and vicious habits. But idleness is sometimes sluggish and solitary, earns nothing, but constantly consumes and corrupts the man who lives by himself, and makes him a vagabond, and worse than useless.

ART. 2. Gaming.

1. This, as it respects civil actions, has already been considered, and is in this article only to be treated of as an offence against the public police, or economy in a criminal view. What is gaming or not, has been in some degree considered. How far fair gaming, that is, playing fairly, was an offence at common law, does not appear; games ever have been, and are very different and numerous, and no doubt some of them were offences at common law, and punished by it, though conducted according to the rules of the plays. Others, no doubt, are not punished by that law. The true line of distinction between those so punishable or not, does not appear to be any where well drawn. However this may be, it is certain that cheating at play, by playing with false dice, cards, &c. was, and is an offence indictable at common law;-punishment, fine and imprisonment. And it is said, that 3 Keb. 463, an information lies against one at common law, for using the 510. game of cock-fighting.

VOL. VII.

Сн. 206.
Art. 2.

for fraudu

lently winning money by betting at

2. This offence of gaming may, in this State, be reduced within a narrow compass, compared with gaming in England. No Federal law is recollected on the subject; indeed it is an offence, (except in Federal districts) left to the correction of State laws; and each State has had, and has, its own statutes on the subject, derived in general from the milder parts of the Indictment English statutes on this subject; but far less numerous and complex than those acts of parliament, which have been long, and now are extremely numerous and complex. See them enumerated, 4 Bl. Com. 171 &c. ; 2 Bac. Abr. 621 to 625; cards &c. 6 Wentw. 383, and in many other books. It is clear that these acts have 384; for not been adopted in Massachusetts, because from her earliest keeping a settlement, there have been statutes against gaming enacted gaming. house, Mass. by her own legislature. As early as 1646, a statute was C. & P. Laws, passed, forbidding any person to use the games of shuffle118, 119. board or bowling, or any other play or game, in or about houses of common entertainment, or any house used for such purpose; punishment fine &c. for the keeper of such house and the persous so playing: also, forbidding every person to play or game for money or money's worth," at any time, upon penalty of treble the value &c.; also, every one to "be an abettor to any kind of gaming," on a like penalty; also, forbidding dancing in such houses upon any occasion. And in 1670, an act was passed, forbidding every person to bring any cards or dice into the Colony, or knowingly to keep any in his or her possession; punishment, corporal or by fine.

Maine Act, ch. 18, s. 138.

Mass. Act, March 4, 1786.

66

§ 3. In 1742, another law was enacted against gaming, which was revised in 1786. "This act made void all securirities given for money &c. won at play, as stated Ch. 34; and by sect. 3, it was enacted, that if any person convicted, on indictment, of winning at any one time or sitting, of any person or persons by gaming or betting" at cards, dice, or any other game, &c. any money, goods, or chattels, to the value of 20s. or upwards, and of receiving the same or security therefor, shall, besides forfeiting double the amount or value won and received to the poor of the town, be adjudged incapable of any office of honour or profit in the State for one year; but to be prosecuted in eighteen months after the offence committed. For money &c. won at dice, the indictment charges, that the deft. not regarding the laws of the Commonwealth, did on with force and arms, by fraud, shift, deceit, circumvention, unlawful device, and ill practice, win, obtain, and acquire to himself $(above 20s.) lawful money of C. D. of and from him the said C. D. in and by playing with him at dice, to his great damage, against the form of the statute &c. and against the peace, &c.

at

§ 3. Sect. 5 provides, that if any person "play at cards,

Art. 3

dice, or billiards, or with any other implements used in gam- CH. 206. ing, in any tavern or house of entertainment, or place licensed for retailing spirituous liquors, or in any of the out-houses, yards, gardens, or appendages of the same, or shall in any of the houses or licensed places aforesaid, expose to view any of the implements aforesaid, or shall be seen sitting at any table therein with any of the said implements before him," on conviction thereof, on indictment or before a justice, he forfeits not less than 5s. nor more than 60s. to the poor &c. This Mass. Act, act forbids every innholder, tavern-keeper, victualler, or per- June 27, son licensed as a retailer of spirituous liquors, to keep or al- 1798.--Maine low any billiard-tables in their houses, yards, gardens, or other appendages, &c. or knowingly to suffer any person to play at the same, or at cards, dice, or any other unlawful game; on conviction on indictment, penalty $50 to the use of the town &c. and the loss of his license &c.

Act, ch. 138.

Dec. 13,

§ 4. Sect. 2 forbids all private persons not so licensed to See Acts of keep billiard-tables for hire, gain, or reward, or therefor al- Kentucky, low any person to play at billiards, cards, or dice, or any other 1799, &c. unlawful game, on penalty, on conviction on indictment &c. of $50, to the use of the town, and surety of good behaviour &c.

§ 5. Sect. 3 enacts, "if any person shall play at billiards, Virginia staat any table kept or made use of for the purposes" mentioned tute against above, on conviction, forfeits $6 for every offence, recovera- Body of gaming, Vir. ble before a justice to the complainant's use.

Laws, p. 245.

And it is the duty of selectmen, sheriffs, deputy-sheriffs, constables, tithingmen, and grand jurors, to complain of the breaches of this act. Keeping a gaming-house was an offence 10 Mod. 386. at common law, and for it husband and wife may be indicted. Laws against gaming in Virginia, see Ch. 223, a. 18, s. 5,— District of Columbia.

Feb.28, 1787.

Maine Act, ch. 133acts of March

Mass. add.

ART. 3. Inns or taverns, and licensed houses and places. 1. These have always existed in every Colony, Province, and State, and have invariably been regulated by law; and it has always been a statute offence to keep any such inn &c. without a legal license. This act (the former laws revised) Mass. Act, forbids any person "to be a common victualler, innholder, taverner, or seller of wine, beer, ale, cider, brandy, rum, or any strong liquor, by retail, or in less quantity than 28 gallons, and that delivered and carried away all at one time,"-except- 12, 1808, of ed, legally licensed ;-penalty £20, and a penalty not above Dec. 14, £6, nor less than 40s. for selling, without license, at any time, 12, 1819.any spirituous liquors, or any mixed liquors, part spirituous, Kentucky half to the informer, and half to the county. This act also vent idleness, provides for granting licences yearly to persons recommended Dec. 15, by the Selectmen; each licensed person must take an oath 1795, and regulating inns and licensed houses, act, Dec. 19, 1793.

1816, of Feb.