CHAPTER VI. OFFENCES AGAINST PUBLIC TRADE. trade. Ir is in subjects treated of in this chapter, perhaps, Nature of that there is found the chief ground for the distinction offences against between mala in se and mala quia prohibita. Certain of the offences, free from any tinge of immorality, appear in the category of crimes only inasmuch as they have been forbidden by human laws. But, of course, in any case, an act is punishable by the law only in virtue of its being a breach of that law, and not on account of its moral quality. SMUGGLING. Smuggling is the importing or exporting either Definition of (a) goods without paying the legal duties thereon; or smuggling. (b) prohibited goods. The existing law on the subject is contained chiefly in the Customs Consolidation Act, 1853 (s). The statute subjects to forfeiture the goods which Forfeiture, &c. have in any way been the subjects of smuggling practices (t). It also imposes certain pecuniary penalties (u), and renders liable to imprisonment for specified periods, on summary conviction before a justice, every person found on board a ship liable to forfeiture by any Act relating to the customs (v). The following offences are declared felonies: (a.) Being armed and assembled, to the number of (8) 16 & 17 Vict. c. 107. (t) Ibid. s. 209. (e) Ibid. s. 235. Acts of smuggling which are felonies. Misdemeanors. Proceedings. three or more, for the purpose of aiding in the illegal landing, running, or carrying away of prohibited goods, or goods liable to duties not paid or secured; or in rescuing such goods after seizure; or in rescuing a person apprehended for a felony against the customs; or in preventing the apprehension of such person (a). (b.) Shooting at vessels belonging to the navy or revenue service within a hundred leagues of any part of the United Kingdom, or shooting at or wounding an officer engaged in the prevention of smuggling (y). The punishment for these felonies is penal servitude from fifteen years to life, or imprisonment not exceeding three years. (c.) Being found in company with more than four others, with prohibited goods; or in company with one other person, within five miles of the sea coast or of any navigable river, carrying offensive arms, or disguised in any way-is punishable by penal servitude to the extent of seven years (z). The following offences are misdemeanors : (a.) Assaulting or opposing an officer engaged in the prevention of smuggling in the execution of his duty, is punishable by penal servitude to the extent of seven years (a). (b.) Making signals, under certain circumstances, to smuggling vessels, is punishable by fine of £100, or imprisonment not exceeding one year (b). All proceedings for offences against Acts relating to the customs must be commenced within three years after the date of the offence (c). (x) 16 & 17 Vict. c. 107, s. 248. (y) Ibid. s. 249. (z) Ibid. s. 250. The Act also contains provisions for facilitating the discovery of smuggled goods by searching suspected ships, carts, houses, &c.; it being lawful for the revenue authorities to fire on a ship which, when chased, does not bring to (d). OFFENCES AGAINST THE BANKRUPT LAWS. The Debtors Act, 1869 (e), enumerates several acts Offences by which, if done by persons adjudged bankrupt, or whose bankrupts, &c. affairs are liquidated by arrangement, are misdemeanors punishable by imprisonment not exceeding two years. The following acts, if done fraudulently, are the chief (ƒ): i. Not to best of belief making full discovery of his estate to the administering trustee. ii. Neglecting to deliver up property under his control. iii. Neglecting to deliver up books, papers, &c., relating to his property. iv. Within four months before commencement of bankruptcy or liquidation, or thereafter, concealing property to the value of £10. v. Within the same time, or thereafter, removing property to the value of £10. vi. Making material omissions in statements relating to his affairs. vii. Failing for a month to inform the trustee of any false debt which he knows to have been proved. viii. After the commencement of bankruptcy or liquidation proceedings preventing the production of papers, (d) 16 & 17 Vict. c. 107, ss. 218-223. (e) 32 & 33 Vict. c. 62. (f) Ibid. s. 11. Absconding, &c., relating to his affairs, with intent to conceal the state of his affairs, or to defeat the law. ix. After such commencement, or within four months before, destroying, falsifying, &c., such documents. x. Within the same limits of time making false entries in such documents, &c. xi. Within the same limits parting with, altering, or making omissions in such documents. xii. Within the same limits attempting to account for any part of his property by fictitious losses or expenses. xiii. Within four months before the commencement of proceedings obtaining, by false representation or other fraud, any property on credit without paying for it. xiv. Within the same time, as a trader, so obtaining property on credit under the false pretence of carrying on his business. XV. Within the same time pawning or disposing of, otherwise than in the ordinary way of trade, property obtained on credit and not paid for. xvi. Any false representation or other fraud in order to obtain the consent of any of his creditors to an agreement with reference to his affairs, or his bankruptcy or liquidation. One offence is a felony, punishable by imprison&c., a felony. ment not exceeding two years, namely, after the commencement of bankruptcy or liquidation, or within four months before, fraudulently absconding or attempting to abscond from England with property of his own to the value of £20 (9). (g) 32 & 33 Vict. c. 62, s. 12. Certain other offences are misdemeanors, punishable Offences tendby imprisonment not exceeding one year : For any person i. In incurring a debt or liability, to obtain credit under false pretences, or by means of any other fraud. ii. With intent to defraud any creditor, to make any gift, delivery or transfer of, or any charge on his property. iii. With like intent to conceal or remove any part of his property since or within two months before the date of any unsatisfied judgment or order for money obtained against him (h). It is also a misdemeanor, punishable in the same way, for a creditor wilfully and fraudulently to make a false claim (i). All these misdemeanors fall within the provisions of the Vexatious Indictments Act (k). ing to defraud creditors. the court. Any court exercising jurisdiction in bankruptcy, on Prosecution ordered by receiving the opinion of a trustee that the bankrupt has been guilty of an offence under the Act (the Debtors Act, 1869), or on the representation of a creditor or member of the committee of inspection that there is reasonable ground to believe him so guilty, shall, if there is reasonable probability of the bankrupt being convicted, order the trustee to prosecute (). debtor. It may not be out of place to mention the cases in Arrest of a which a debtor may be arrested. The court may order such arrest, and the seizure of any books, papers, moneys, |