CHAPTER VI. OFFENSES AGAINST PUBLIC TRADE. Ir is in subjects treated of in this chapter, perhaps, that there is found the chief ground for the distinction between mala in se and mala quia prohibita. Certain of the offenses, 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 (a) goods without paying the legal duties thereon; or (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 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, ou summary conviction before a justice, every person found on board a ship liable to forfeiture by any act relating to the customs.(e) The following offenses are declared felonies: (a.) Being armed and assembled, to the number of 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.(x) (b.) Shooting at vessels belonging to the navy or revenue (s) 16 and 17 Vict., c. 107. (u) Ibid., 232. (1) Ibid., 8 209. (v) Ibid., 235. (2) Ibid., 248. 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. (e) 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 offenses 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 offenses against acts relating to the customs must be commenced within three years after the date of the offense.(c) The act also contains provisions for facilitating the discovery of smuggled goods by searching suspected ships, carts, houses, etc.; it being lawful for the revenue authorities to fire on a ship which, when chased, does not bring to.(d) COUNTERFEITING TRADE-MARKS. This subject seems peculiarly to fall within a chapter dealing with offenses against trade, though it would also find a place under the heading "Forgery." The law as to offenses relating to trade-marks is contained in the merchandise marks act, 1862.(0) Forging (additions to, and alterations of, trade-marks, (y) 16 and 17 Vict., c. 107, § 249. (a) Ibid., 251. (d) Ibid. 22 218–223. (b) Ibid., (z) Ibid., 250. with intent to defraud, as well as fresh fabrications, being deemed forgeries) (p) a trade-mark, or falsely applying any trade-mark with intent to defraud,(7) or (ii), with like intent, applying a forged trade-mark to any bottle, case, wrapper, ticket, etc., in which any article is intended to be sold, (r) is a misdemeanor, punishable by imprisonment not exceeding two years, or by fine, or both.(8) The articles to which the trade-mark is applied, and the instruments by which applied, are to be forfeited. No proceedings are to be taken after three years from the offense, or one from the first discovery.(†) Selling goods having forged trade-marks thereon, knowing them to be forged, is an offense punished by a pecuniary penalty.(u) Other offenses against trade, e. g., false pretenses, embezzlement, cheating, etc., may more conveniently be treated of under the title "Offenses against Property." One class only of offenses remain to be noticed here, and that a somewhat complex and comprehensive one. UNLAWFUL INTERFERENCE WITH TRADE BY COMBINATIONS, ETC. It is perfectly legal for workmen to protect their interests by meeting or combining together, or forming unions, in order to determine and stipulate with their employers the terms on which only they will consent to work for them. But this right to combine must not be allowed to interfere with the right of those workmen who desire to keep aloof from the combination, to dispose of their labor with perfect freedom as they think fit.(x) Nor must it interfere with the right of the masters to have their contracts 2. (p) 25 and 26 Vict., c. 88, ? 5. (7) Ibid., (r) Ibid., 3. (s) Ibid., ¿ 14. (1) Ibid., 18. (x) Ibid., 4. (x) "The workmen who think it for their advantage to combine together in the disposal of their labor are no more justified in constraining any other workman, who does not desire such association, to combine with them-to bring his labor into common stock, as it were, with theirs-than an association of capitalists in constraining an individual capitalist to bring his capital into common stock with theirs Report of the Roy. Com. on Labor Laws, 1867. duly carried out. Infraction of such rights will bring the wrong-doer within the pale of the criminal law of conspiracy. The law on this subject is principally contained in the conspiracy and protection of property act, 1875.(y) It will be well to prefix a provision of the trades union act, 1871.(2) The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise. The following acts are forbidden, and are punishable, on summary conviction or indictment, by imprisonment not exceeding three months, or penalty not exceeding £20. i. For any (a) person, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing-to wrongfully and without authority (a.) Use violence to, or intimidate, any such person, or his wife, or children, or injure his property. (b.) Persistently following him about from place to place. (c.) Hide his tools, clothes, or other property, or hinder him in the use thereof. (d). Watch or beset his house, or other place where he resides, or works, or carries on business, or happens to be, or the approach thereto (commonly known as "picketing"), but not if the object be merely to obtain or communicate information. (e.) Follow him, with two or more other persons in a disorderly manner in or through any street or road.(b) ii. For a person employed by the municipal authorities, public companies, contractors, or others who have under (y) 38 and 39 Vict., c. 86, repealing 34 and 35 Vict., c. 32, and other acts. (z) 34 and 35 Vict., c. 31, 8 2. (a) This word makes the law of general application, and not restricted to trade disputes, though, of course, practically the offense will most frequently occur in connection therewith. (b) 38 and 29 Viet., c. 86, 87. taken to supply gas or water, either alone or with others,. willfully and maliciously to break his contract of service, knowing or having reasonable cause to believe that the probable consequence will be to deprive the inhabitants wholly or to a great extent of gas or water. (c) iii. For a person willfully and maliciously to break his contract of service, knowing or having reason to believe that the probable consequer ce will be to endanger human life, or cause se ious bodily injury, or expose valuable property to destruction or serious injury.(d) Ar exceptional course in criminal procedure is allowed in the case of the last two offenses, namely, that on the hearing of an indictment or information for such offenses, the respective parties to the contract of service, their husbands or wives, are considered competent witnesses. (e) There is also another peculiarity with regard to the proceedings. Power is given to the offender to elect to have the case tried on indictment, and not by a court of summary jurisdiction.(f) Trade disputes now form an exception to the general law of conspiracy in one point. If, in connection with such dispute, two or more combine to do something which, if done by one person, is not punishable as a crime, they will not, on account of their number, be indictable for the conspiracy at common law.(g) It may be mentioned that assaults with intent to obstruct the sale of grain, or its ree passage, or with force hindering any seaman, keelman, or caster from working at his lawful occupation, or beating or using violence with such intent, is punishable, on summary conviction, by imprisonment not exceeding three months.(h) (c) 38 and 39 Vict., c. 86, § 4. (e) Ibid. 11. (d) Ibid., 5. (f) Ibid, 9. 'Making the fact of whether a particular offense isindictable or not depend on the will of the accused person, is a novelty in our jurisprudence, and, to say the least, productive of considerable practical inconvenience."-Davis' Labor Laws, p. 99. (g) 38 and 39 Vict., c. 86, 3. (h) 24 and 25 Vict. c. 100, 88 39, 40 |