Repeal of Certain Laws Act 1772


The Repeal of Certain Laws Act 1772 was an act of the Parliament of Great Britain that repealed for Great Britain statutes against forestallers and engrossers, including the Forestallers Act 1551.

Background

Several statutes included, related to corn, meal, flour, cattle and sundry and others, had been found to have prevented free trade of those commodities, causing the price to increase:

Repealed enactments

Section 1 of the act repealed 6 enactments, listed in the section. Section 1 of the act also repealed any subsequent acts that were created to enforce those original acts.
Section 2 of the act voided all existing and future legal proceedings that were commenced under the repealed acts, ensuring that no person could be prosecuted under these former laws regardless of any contrary statutes.
CitationShort titleDescriptionExtent of repeal
3 & 4 Edw. 6. c. 21Butter and Cheese Act 1549An act, made in the third and fourth year of King Edward the Sixth, intituled, An act for the buying and felling of butter and cheese.The whole act.
5 & 6 Edw. 6. c. 14Forestallers Act 1551An act, made in the fifth and sixth year of King Edward the Sixth, intituled, An act against regrators, forestallers, and engrossers.The whole act.
2 & 3 Ph. & M. c. 3Increase of Cattle Act 1555An act made in the third year of Philip and Mary, intituled, An act for the buying of milch kine, and for breeding and rearing of calvesThe whole act.
5 Eliz. c. 12Corn, etc. Act 1562An act, made in the fifth year of Queen Elizabeth, intituled, An act touching badgers of corn, and drovers of cattle, to be licensed.The whole act.
15 Cha. 2. c. 8Butchers Act 1663An act, made in the fifteenth year of King Charles the Second, intituled, An act to prevent the felling of live fat cattle by butchers.The whole act.
5 Ann.Continuance of Laws Act 1706An act, made in the fifth year of Queen Anne, intituled, An act for continuing the laws therein mentioned relating to the poor, and to the buying and felling of cattle in Smithfield, and for suppressing of piracy.As relates to butchers felling cattle alive or dead within the cities of London and Westminster, or within ten miles thereof.

Subsequent developments

The repeals in the act were found not to have been effectual, because of repeated prohibitions in previous acts. In 1800, John Rusby was indicted for having bought ninety quarters of oats at 41 shillings per quarter and selling thirty of them at 43 shillings the same day. Lord Kenyon, the presiding judge, argued strongly against the repealing act, and addressed the jury strongly against the accused. Rusby was heavily fined, but, on appeal, the court was equally divided as to whether engrossing, forestalling and regrating were still offences at common law.
The Forestalling, Regrating, etc. Act 1844 extended the act to Ireland and repealed 19 other acts passed between the reigns of Henry III and Edward VI and extending repeals by the act to Ireland.
The act was repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1871 as it was spent.