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Smuggling.

[3 & 4 W. 4. c. 53.] THE various fiscal regulations which have been provided by dif,

ferent statutes for the prevention of frauds upon the revenue, and the particular enactments under which penalties and forfeitures of different descriptions are incurred, will be found under their proper title in another volume. The following legislative provisions relate to such offences as may be properly denominated crimes.

By 3 & 4 W. 4. c. 53. § 8., “in case any vessel or boat liable 3&4 W.4.c.59. to seizure or examination under any act or law for the prevention Smuggling vesof smuggling, shall not bring to (a) on being required so to do, on sels not bringbeing chased by any vessel or boat in H. M.'s navy, having the ing to when proper pendant and ensign of H. M.'s ships hoisted, or by any ves- vessel or boat sel or boat duly employed for the prevention of smuggling, having in navy or prea proper pendant and ensign hoisted, it shall be lawful for the ventive service, captain, master, or other person having the charge or command may be fired of such vessel or boat in H. M.'s navy, or employed as aforesaid, into. (first causing a gun to be fired as a signal), to fire at or into such vessel or boat; and such captain, master, or other person acting in his aid or assistance, or by his direction, shall be and he is hereby indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing." 53.

" And be it further enacted, that no person shall, after Making signals sunset and before sunrise, between the twenty-first day of Septem- to smuggling ber and the first day of April, or after the hour of eight in the vessels. evening and before the hour of six in the morning, at any other time in the year, make, aid, or assist in making any signal, in or on board or from any vessel or boat, or on or from any part of the coast or shore of the United Kingdom, or within six miles of any part of such coasts or shores, for the purpose of giving any notice to any person on board any smuggling vessel or boat, whether any person so on board of such vessel or boat be or be not within distance to notice any such signal : and if any person, contrary to the true intent and meaning of this act, make or cause to be made, or aid or assist in making, any such signal, such person so offending shall be guilty of a misdemeanor; and it shall be law

Misdemeanor. ful for any person to stop, arrest, and detain the person or persons who shall so offend, and to carry and convey such person or persons so offending before any one or more of H. M.'s justices of the peace residing near the place where such offence shall be com. mitted, who, if he sees cause, shall commit the offender to the next county gaol, there to remain until the next court of oyer or terminer, great session, or gaol delivery, or until such person or persons shall be delivered by the due course of law; and it shall not be necessary to prove on any indictment or information, that any vessel or boat was actually on the coast ; and the offender or offenders being duly convicted thereof shall, by order of the court before whom such offender or offenders shall be convicted, either forfeit and pay the penalty or forfeiture of one hundred pounds, Punishment. or, at the discretion of such court, be sentenced or committed to

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(a) See R. v. Reynolds, post, 862.

3& 4W.4.c.53. the common gaol or house of correction, there to be kept to hard

labour for any term not exceeding one year." Proof of signal § 54. “Provided always, and be it further enacted, that in case not being in- any person be charged with or indicted for having made or caused tended to lie on to be made, or been aiding or assisting in making any such signal defendant.

as aforesaid, the burthen of proof that such signal so charged as having been made with intent and for the purpose of giving such notice as aforesaid, was not made with such intent and for such purpose, shall be upon the defendant against whom such charge

is made or such indictment is found.' Any person

§ 55. “And be it further enacted, that it shall be lawful for any may enter upon person whatsoever to prevent any signal being made as aforesaid, lands to prevent and to enter and go into and upon any lands for that purpose, signals being made.

without being liable or subject to any indictment, suit, or action

for the same. Three or more $ 58. “ If any persons, to the number of three or more, armed armed persons with fire-arms or other offensive weapons (a), shall, within the assembled to

United Kingdom, or within the limits of any port, harbour, or assist in the landing of any

creek thereof, be (6) assembled in order to be aiding and assisting goods, &c. or

in the illegal landing, running, or carrying away of any prohibited in rescuing goods, or any goods liable to any duties, which have not been goods seized, paid or received, or in rescuing or taking away any such goods &c. or persons

as aforesaid, after seizure, from the officer of the customs or apprehended,

other officer authorised to seize the same, or from any person or to prevent apprehension, or persons employed by them or assisting them, or from the or so aiding, place where the same shall have been lodged by them, or

in rescuing any person who shall have been apprehended for any of the offences made felony by this or any act relating to the customs, or in the preventing the apprehension of any person who shall have been guilty of such offence; or in case any persons to the number of three or more, so armed as aforesaid, shall, within the United Kingdom, or within the limits of any port,

harbour, or creek thereof, be so aiding or assisting, every person felony;

so offending, and every person aiding, abetting, or assisting capital. therein, shall, being thereof convicted, be adjudged guilty of

felony, and suffer death as a felon." Persons shoot- $ 59. “ If any person shall maliciously shoot at any vessel or ing at vessel or boat belonging to his majesty's navy, or in the service of the boat in navy or revenue, within one hundred leagues of any part of the coast of revenue service, the United Kingdom, or shall maliciously shoot at, maim, or danin execution of gerously wound any officer of the army, navy, or marines, being his duty,

duly employed for the prevention of smuggling, and on full pay,

officer of the customs or excise, or any person acting in his aid or assistance, or duly employed for the prevention of

smuggling, in the due execution of his office of duty, every felony, capital.

person so offending, and every person aiding, abetting, or assisting therein, shall, being lawfully convicted, be adjudged guilty of

felony, and suffer death as a felon." Person found

Ø 60.

any person, being in company with more than four with smuggled other persons, be found with any goods liable to forfeiture under goods in com- this or any other act relating to the revenue of customs or excise, pany with more or in company with one other person, within five miles of the sea than four, or with one only, armed or dis.

(a) See Rose's case, post 863., and the cases there following. guised, felony;

(6) See Hutchinson's case, post, 863.

or any,

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seven years.

revenue officer

coast, or of any navigable river leading therefrom, with such 3& 4W. 4.c.53. goods, and carrying offensive arms or weapons, or disguised in any way, every such person shall be adjudged guilty of felony, and shall, on conviction of such offence, be transported as a felon Transportation for the space of seven years."

9 61. “ If any person shall, by force or violence, assault, resist, Assaulting oppose, molest, hinder, or obstruct any officer of the army, navy,

officer of army. or marines, being duly employed for the prevention of smuggling, navy, &c. or and on full pay, or any officer of customs or excise, or other

in execution of person acting in his or their aid or assistance, or duly employed his duty; for the prevention of smuggling, in the due execution of his or their office or duty, such person, being thereof convicted, shall be transported for seven years, or sentenced to be imprisoned in any transportation

seven years; house of correction or common gaol, and kept to hard labour, for any term not exceeding three years, at the discretion of imprisonment

and hard labour. the court before whom the offender shall be tried and convicted as aforesaid.”

ġ 77. “ In case any offence shall be committed upon the high Offences on seas against this or any other act relating to the customs, or any high seas deempenalty or forfeiture shall be incurred upon the high seas for any committed at breach of such act, such offence shall, for the purpose of prose the place into cution, be deemed and taken to have been committed, and such which such ofpenalties and forfeitures to have been incurred, at the place or fender shall be land in the United Kingdom, or the Isle of Man, into which the brought, or in person committing such offence, or incurring such penalty or for- which he is

found. feiture shall be taken, brought, or carried, or in which such per. son shall be found; and in case such place or land is situated within any city, borough, liberty, division, franchise, or town corporate, as well any justice of the peace for such city, borough, liberty, division, franchise, or town corporate, as any justice of the peace of the county within which such city, borough, liberty, division, franchise, or town corporate is situated, shall have jurisdiction to hear and determine all cases of offences against such act so committed upon the high seas, any charter or act of parlialiament to the contrary notwithstanding: Provided always, that where any offence shall be committed in any place upon the water, not being within any county of the United Kingdom, or where any doubt exists as to the same being within any county, such offence shall, for the purposes of this act, be deemed and taken to be an offence committed upon the high seas.” On a conviction under 6 G. 4.c. 108. (a), one of the questions was, be convicted in

Offender may whether the convicting magistrates had jurisdiction; it was for an the place into offence committed on the high seas, and it appeared that the ves, which he is car. sel had been seized and detained within the jurisdiction of the ried, though the justices of Suffolk or of Ipswich ; but defendant was taken into ship may have Harwich, by the justices of which place he was convicted : Under been seized in § 74. of 6°G. 4., containing an enactment similar to that of diction. 3 & 4 W. 4. c. 53. § 77., the court of K. B. held that the conviction was proper. In the matter of James Nunn, 8 B. & C. 644.

§ 117. “ All persons employed for the prevention of smuggling Persons emunder the direction of the commissioners of his majesty's customs, ployed in pre

ventive service to be deemed

duly employed, (a) The stat, 6 G. 4. c. 108. has not been repealed, but most of its penal provisions are superseded by those of 3 & 4 W. 4. C. 53.

3& 4W.4. c.53. or of any officer or officers in the service of the customs, shall be

deemed and taken to be duly employed for the prevention of and averment smuggling ; and the averment, in any information or suit, that such to that effect in information or

party was so duly employed, shall be sufficient proof thereof, suit to be suffi- unless the defendant in such information or suit shall prove to the cient, unless,&c. contrary.” Evidence of $ 118. “If upon any trial a question shall arise whether any perofficer of army, son is an officer of the army, navy, or marines, being duly emnary, &c. and

ployed for the prevention of smuggling, and on full pay, or an of officer of

officer of customs or excise, evidence of his having acted as such customs and excise, having

shall be deemed sufficient, and such person shall not be required acted as such, to produce his commission or deputation, unless sufficient proof sufficient proof shall be given to the contrary; and every such officer, and any that he is such,

person acting in his aid or assistance, shall be deemed a comunless, &c.

petent witness upon the trial of any suit or information on account of any seizure or penalty as aforesaid, notwithstanding

such officer or other person may be entitled to the whole or any Officer or other

part of such seizure or penalty, or to any reward upon the convicperson acting in tion of the party charged in such suit or information.” petent witness § 122. “Any indictment or information for any offence against though entitled, this or any other act relating to the customs shall and may be to share or inquired of, examined, tried, and determined in any county of reward.

England, where the offence is committed in England, and in any Indictments or

county in Scotland where the offence is committed in Scotland, informations may be tried in

and in any county in Ireland where the offence is committed in any county in

Ireland, in such manner and form as if the offence had been com. England, Scot, mitted in the said county where the said indictment or inforland or Ireland mation shall be tried.” respectively. In a case under 52 G. 3. c. 143. § 11. (now repealed), containing Revenue vessel

an enactment similar to that contained in 3 & 4 W. 4. c. 55. firing on a smuggler to

$ 59. (supra), the prisoner was charged with shooting at and upon bring him to,

a vessel being in the service of the customs, &c., and also with proper pendant, shooting at &c. T. T., an officer of the customs, &c. (a) It appeared &c. must be that the revenue vessel having fired a gun to bring to the smuggler, hoisted.

pursuant to 56 G. 3. c. 104. $ 8. (now repealed), a regular engagement ensued. By the same section it was required that the revenue vessel, in doing so, should have a pendant or ensign hoisted, of such description as H. M. should by proclamation or order in council direct. The officer had hoisted colours pursuant to orders given him, but there was no evidence of any order in council or royal proclamation ; in the case reserved it was stated, that there had been an order in council in the Gazette, directing the pendant and ensign to contain particulars which had not been proved. The judges were unanimous that, as the revenue vessel had not complied with what was required by the statute to make the shooting legal, the firing by the smugglers could not, in point of law, be considered malicious, and a pardon was recommended. M. T.

1821, R. v. Reynolds, C. C. R. 465. “ Armed with In a decision on 19 G. 2. c. 34., containing similar words with offensive wea- those of 3 & 4 W. 4. C. 53. § 58., as to persons to the number of pons,” person three or more, armed with fire-arms or other offensive weapons,

it hastily taking up a hatchet was held that a person catching up a hatchet accidentally during not deemed so.

(a) See 3 & 4W. 4. c. 53. & 8. supra.

the heat of an affray, was not so armed within the meaning of the act. 0. B. 1784, Rose's case, 1 Leach, 342. n. (a). cit. 1 Russ. 124.

In another case it was laid down by the court, that bludgeons Bludgeons, &c. properly so called, clubs, and any thing that was not in common may be offenuse for any other purpose than a weapon, were clearly offensive sive weapons. weapons within the meaning of the legislature. 0. B. 1785, Cosan's case, 1 Leach, 342. u. (n.); cit. 1 Russ. 124.

In a case on 6 G. 4. c. 108. $ 56., against prisoner for being Whether a bat, assembled, with others, armed with fire-arms and other offensive being a pole

used for carryweapons, for aiding and assisting in the illegal landing of uncus- ing tubs was an tomed goods, it appeared that the prisoner carried a bat (a hop- offensive weapole about seven feet long), as others did, for the purpose of pon, question carrying the tubs : there was another party acting separately, for jury. armed with muskets. Littledale J. left it to the jury to say how the bats were intended to be used; for though they were brought for carrying away small casks, yet they might be used for offensive purposes. Prisoners were acquitted. O. B. May, 1832, R. v. Noakes, 5 Car. & P. 326.

Where a person, not being armed himself, is in company with Person not others who are armed, and is active with them, he comes within armed, but actthe enactment of the statute. Franklin's case, i Leach, 255. S. C. ing with others

who are so, is Cald. 244., cit. 1 Russ. 124. Acc. R. v. Smith & others, S. P. in within the stat. a Game prosecution, C. C. R. 368. See tit. Hame.

It has been decided on 19 G. 2. c. 34. (now repealed), that the The assem"assembling," as stated in that and in other statutes, must be bling, &c. must deliberate, and for the purpose of committing the offence described

berate purpose in the statute ; and that therefore, where a parcel of drunken men of committing from an ale-house hastily set about carrying away some gin which the offence. the revenue officers had seized, it was doubted whether it came within the act, and the prisoners were acquitted. Hutchinson's case, 1 Leach, 343. ; cit. 1 Russ. 125., and n. (2) ib.

Snares. See Game.
Sodomy. See Buggery and Robbery.

be for the deli

Spring-Guns, man-Eraps, etc.

[7 & 8 G. 4. c. 118.] BY the 7 & 8 G. 4. c. 18. § 1., reciting, “ whereas it is expe- 78 8 G. 4. c.18.

dient to prohibit the setting of spring-guns and man-traps, and Persons setting other engines calculated to destroy human life, or inflict grievous or placing

spring guns, bodily harm,” it is enacted, “ that from and after the passing of

man traps, &c. this act, if any person shall set or place, or cause to be set or guilty of“a misplaced, any spring-gun, man-trap, or other engine calculated to demeanor. destroy human life, or inflict grievous bodily harm, with the intent that the same or whereby the saine may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor.”

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