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Court thought, that if the master suffered the use of a prohibited article, it was his duty to take care that it was not used to a noxious extent, and that he was answerable if it was. A rule for arresting the judgment was then moved for, on the ground that the indictment did not specify what the noxious ingredients were, or state that the loaves were delivered to be eaten by the children: but the Court held the former not necessary because the ingredients were in the defendant's knowledge; and the allegation that the loaves were delivered for the use and supply of the children, must mean that they were delivered for their eating; and the rule was refused. (r)
() Rex v. Dixon, 3 M, and s. 11. penalties upon bakers for using alum, And see 1 and 2 Geo. 4. c. 50. as to &c. in making bread..
CHAPTER THE TENTH.
OF OFFENCES AGAINST THE REVENUE LAWS, RELATING
TO THE CUSTOMS OR EXCISE.
AMONGST the offences against the revenue laws, that of smuggling is one of the principal. It consists in bringing on shore, or in carrying from the shore, goods, wares, or merchandize, for which the duty has not been paid, or goods of which the importation or exportation is prohibited: an offence productive of various mischiefs to society. (a) In order to prevent the commission of offences of this kind, many statutes were passed from time to time, which, in addition to the proceedings at common law for assaulting and obstructing revenue officers when acting in the execution of their duties, (b) gave to those officers extraordinary powers and protections, and punished persons endeavouring
to resist or evade the laws relating to the customs and excise. The recent statute 6 Geo. 4. c. 105. recites that the laws of the customs had become intricate, by reason of the great number of acts relating thereto, which had been passed through a long series of years; and that it was therefore highly expedient for the interests of commerce and the ends of justice, and also for affording convenience and facility to all persons who might be subject to the operation of those laws, or who might be authorized to act in the execution thereof, that all the statutes then in force relating to the customs should be repealed; and that the purposes for which they had from time to time been made should be secured by new enactments, exhibiting more perspicuously and compendiously the various provisions contained in them: and then it proceeds to repeal all the statutes relating to smuggling.
The statute 6 Geo. 4. c. 108. recites this recent statute, and also that other laws relating to the customs have been made ; (c) and the expediency of making provisions to prevent or punish any infraction of such laws; and then proceeds to make various enactments relating to the forfeiture of vessels engaged in illegal traffic, and of uncustomed goods, which do not come within the scope and
(a) i Hawk. P. C. c. 48. s. I. 4 Blac. 2 Chit. Crim. Law 127, et sequ. And Com. 155. 6 Bac. Abr. 258.
see Brady's case, 1 Bos. and Pul. 188, (6) See many precedents for misde- where it was admitted that the offence meanors at common law, in assaulting charged in the indictment was an ofand obstructing officers of excise and fence indictable at common law. customs, acting in the due execution (c) See 6 Geo. 4. c. 106, 107, of their offices ; 4 Wentw. 385, et sequ.
object of this treatise. But some of the enactments relating to the right to proceed to extremities, when necessary, for the purpose of seizing vessels liable to seizure, and the right to search for and seize goods liable to forfeiture, may properly be here mentioned. And the offence of making signals to smuggling vessels at sea, and the several offences declared to be felonies by this statute, require
to be particularly noticed. 6 Geo. 4.
The 6 Geo. 4. c. 108. s. 14. enacts, “ that in case any vessel or c. 108. s. 14. Vessels liable
boat, liable to seizure or examination under any act or law for to seizure, not “ the prevention of smuggling, shall not bring to on being required bringing to
“ so to do, on being chased by any vessel in his Majesty's navy, during chace, may be fired at. “ having the proper pendant ensign of his Majesty's ship hoisted,
or by any vessel employed for the prevention of smuggling, “ under the authority of the lords commissioners of the Admiralty,
or the commissioners of his Majesty's customs, having a pendant “ and ensign hoisted, of such description as his Majesty, by any “ order in council, or by his royal proclamation under the great “ seal of the united kingdom, shall have ordered and directed, or “ shall from time to time in that behalf order and direct, it shall be “ lawful for the captain, master, or other person, having the charge
or command of such vessel in his Majesty's navy, or employed as aforesaid (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 indict
ment, penalty, or action for damages, for so doing ; and in case “any person or persons shall be wounded, maimed, or killed, by “any such firing, and the said captain, master, or other person, and
any person acting in his or their aid or assistance, or by his or “ their direction, shall be sued, molested, or prosecuted, or shall be “ brought before any of his Majesty's justices of the peace, or other “ justices, or persons having competent authority, for or on account “ of such firing, wounding, maiming, or killing as aforesaid, all and “every such justice or justices, person or persons, is and are “ hereby authorized and empowered, enjoined and required, to “ admit every such captain, master, or other person or persons, so “ brought before him or them as aforesaid to bail; any law, usage, “ or custom to the contrary notwithstanding.'
The 34th section enacts, "that all vessels and boats, and all Officers mak
“ goods whatsoever liable to forfeiture, under this or any other act ing collusive seizures, or “ relating to the revenue of customs, shall and may be seized in taking bribes, “any place either upon land or water, by any officer or officers of and persons “his Majesty's army, navy, or marines, duly authorized and on offering the same, to forfeit
“ full pay, or officers of customs or excise, or any person having 5001.
“ authority to seize from the commissioners of his Majesty's cus“ toms or excise; and all vessels, boats, and goods, so seized shall,
as soon as conveniently may be, be delivered into the care of the
proper officer appointed to receive the same.” Sect. 36.
The 36th section enacts, “ that it shall and may be lawful to and Officers may go « for any officer or officers of the army, navy, or marines, duly sels, and search “ authorized and on full pay, or for any officer of customs, producing for prohibited “ his or their warrant or deputation (if required), to go on board and uncustomed goods;
any vessel which shall be within the limits of any of the ports of
writs of assistance, may
“this kingdom, and to rummage and to search the cabin and all “other parts of such vessel for prohibited and uncustomed goods, “and to remain on board such vessel during the whole time that the “same shall continue within the limits of such port; and also to and may search search any person or persons either on board, or who shall have the person upon
good reason. " landed from any vessel; provided such officer or officers shall “have good reason to suppose that such person or persons hath
any uncustomed or prohibited goods secreted about his person; “and if any person shall obstruct, oppose, or molest, any such “ officer or officers in going or remaining on board, or in entering “ or searching such vessel or person, every such person shall for“ feit and lose the sum of one hundred pounds.”
The 40th section enacts, “ that it shall and may be lawful for Sect. 40.
any officer of customs, or person acting under the direction of Officers, with " the commissioners of his Majesty's customs, authorized by writ “ of assistance under the seal of his Majesty's Court of Exchequer, enter houses, " to take a constable, headborough, or other public officer inhabiting &c. to search “ near the place, and in the daytime to enter into any house, shop, tomed or pro
cellar, warehouse, room, or other place, and in case of resistance hibited goods. “ to break open doors, chests, trunks, and other packages, there to “seize and from thence to bring any uncustomed or prohibited "goods, and to put and secure the same in the custom-house “ warehouse in the port next to the place from whence such goods “shall be so taken as aforesaid : provided always, that for the pur
poses of this act, any such constable, headborough, or other “public officer duly sworn as such, may act as well without the “ limits of any parish, vill, or other place for which he shall be so
sworn, as within such limits.” The 51st section enacts, “ that if any person or persons liable Sect. 51, to be arrested and detained under the provisions of this or any to be arrested,
Persons liable “ other act relating to the revenue of customs, shall not be de- and making “tained at the time of so committing the offence for which he or escape, may “they is or are so liable, or after detention shall make his or their afterwards be
detained by any escape, it shall and may be lawful for any officer of the army, officer, of the
navy, or marines, being duly authorized and on full pay, or any customs, &c. “ officer of customs or excise, or any other person acting in his or “ their aid or assistance, or duly employed under such officer, to
stop, arrest, and detain such person so liable to detention as “ aforesaid, at any time afterwards, and to carry him before two “ justices of the peace to be dealt with as if detained at the time “ of committing the said offence."
The 52d section enacts, “ that no person shall, after sunset and Sect. 52. “ before sunrise, between the twenty-first day of September and
persons making “the first day of April, or after the hour of eight in the evening signals to " and before the hour of six in the morning at any other time in sinuggling ves“the year, make, aid, or assist in making, or be present for the “ purpose of aiding or assisting in the making of any light, fire, " Hash, or blaze, or any signal by smoke, or by any rocket, fire“ works, flags, firing of any gun or other fire arms, or any other " contrivance or device, or any other 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 making or
“ giving any signal 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 see or hear any such light, fire, “flash, blaze, or 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 light, fire, flash, blaze, or sig“ nal, such person so offending shall be guilty of a misdemeanor, " and it shall be lawful for any person to stop, arrest, and detain " the person or persons who shall so make, or aid, or assist in “ the making, or who shall be present for the purpose of aiding “ or assisting in making any such light, fire, flash, blaze, or sig“ nal, and to carry and convey such person or persons so offend
ing before any two or more of his Majesty's justices of the
peace residing near the place where such offence shall be com“mitted, who, if they see 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 due course of law; and so it shall not be necessary to prove, on any indictment or inform“ation, 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, or, at the discretion of such court, be 6 sentenced or committed to the common gaol or house of correc“ tion, there to be kept to hard labour for any term not exceed
ing one year.” Sect. 53. The 53d section provides “that in case any person be charged Proof of a sig- « with, or indicted for having made or caused to be made, or nal not being intended to lie
“ been aiding or assisting in making, or been present for the puron the defend- “pose of making, or aiding or assisting in making, any such fire,
“ light, flash, blaze, or other signal as aforesaid, the burthen of
“ that it shall be lawful for any perAny person “ son whatsoever to put out and extinguish, or prevent any such may put out and extinguish,
“light, fire, flash, or blaze, or any smoke, signal, rocket, fireand prevent work, noise, or other device or contrivance so made or being signals. “ made as aforesaid, and to enter and go into and upon any lands
“ for that purpose, without being liable or subject to any indict,
ment, suit, or action for the same.”
The 55th section enacts, “ that if any person whatsoever shall Persons resist- “ hinder, orpose, molest, or obstruct any officer of the army, ing officers, or
navy, or marines, being duly authorized and on full pay, or rescuing or destroying goods
any officer of customs or excise, in the execution of his duty, to prevent seiz- “ or in the due seizing of any goods liable to forfeiture by this or 2001.
any other act relating to the revenue of customs, or any person “ acting in his aid or assistance, or duly employed for the pre“ vention of smuggling, or shall rescue, or cause to be rescued, “ any goods which have been seized, or shall attempt or endea
ure, to forfeit