« EelmineJätka »
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
“ 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.” Sect. 34.
The 34th section enacts, “that all vessels and boats, and all Officers making collusive
“ goods whatsoever liable to forfeiture, under this or any other act 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 offering the
“his Majesty's army, navy, or marines, duly authorized and on same, to forfeit “ full pay, or officers of customs or excise, or any person having
“ 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 on board ves: “ 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 linits of any of the ports of
“ 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 “ 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
1 writs of assist“ the commissioners of his Majesty's customs, authorized by writ ance, may “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
"5 for uncus“ 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 ofbcer 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....
on Persons liable “ to be arrested and detained under the provisions of this or any “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
afterwards be “they is or are so liable, or after detention shall make his or their
shall make his or their 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.
Penalty on “ 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 smuggling
sels at sea. “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
to be arrested
“ 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 «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 “ 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 nal not being
“ with, or indicted for having made or caused to be made, or 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 “ proof that such fire, light, flash, blaze, noise, or other thing, so “ charged as having been made with intent and for the purpose of “ giving such signal 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.” Sect. 54.
The 54th section enacts, “ that it shall be lawful for any perAny person
y puts on “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.” Sect. 55,
The 55th section enacts, “ that if any person whatsoever shall
“hinder, orpose, molest, or obstruct any officer of the army, ing officers, or rescuing or de- “ navy, or marines, being duly authorized and on full pay, or stroying 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 ure, to forfeit 2001.
“ any other act relating to the revenue of customs, or any person “ acting in his aid or assistance, or duly employed for the pre6 vention of smuggling, or shall rescue, or cause to be rescued, “ any goods which have been seized, or shall attempt or endea
“vour to do so, or shall before, or at or after any seizure, stave,
Three or more " three or more, armed with fire arms or other offensive weapons
other onensive weapons persons armed « shall, within the United Kingdom, or within the limits of any with fire-arms, “port, harbour or creek thereof, be assembled in order to be aid- assembled to.
; assist in the il“ing and assisting in the illegal exportation of any goods prohi
legal exporta“ bited to be exported, or in the carrying of such goods in order tion or landing “ to such exportation, or in the illegal landing, running, or carry- of proh
uncustomed “ ing away of prohibited or uncustomed goods, or goods liable to goods, or in the “pay any duties which have not been paid or secured, or in the relanding “ illegal carrying of any goods from any warehouse or other place goods shipped
forexportation, “as shall have been deposited therein for the security of the or in the rescu “home-consumption duties thereon, or for preventing the use or ing any such “ consumption thereof in the United Kingdom, or in the illegal goods, to be
deemed guilty “ relanding of any goods which shall have been exported upon of felony. “ debenture or certificate, or in rescuing or taking away any such “goods as aforesaid, after seizure, from the officer of the customs, “ or other officer authorized to seize the same, or any person or “persons employed by them or assisting them, or from the place “where the same shall bave 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 revenue “ of customs, or in the preventing the apprehension of any per“son 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 this kingdom, or within the limits of any port, “ harbour, or creek thereof, be so aiding or assisting; every “person so offending, and every person aiding, abetting, or “assisting therein shall, being thereof convicted, be adjudged “ guilty of felony, and suffer death as a felon without benefit of « clergy.” The 57th section enacts that if any person shall maliciously Sect. 57.
Voicot shoot at or upon any vessel or boat belonging to his Majesty's
Ring at any boat “navy, or in the service of the revenue in any part of the British belonging to “or Irish channels, or elsewhere on the high seas, within one the navy or in “ hundred leagues of any part of the coast of the United King. the service of
18, the revenue, “ dom, or shall, maliciously shoot at, maim, or dangerously wound or shooting at any officer of the army, navy, or marines, being duly authorized or wounding
officers of the and on full pay, or any officer of customs or excise, or any person acting in his aid or assistance, or duly employed for the marines, deemprevention of smuggling, in the due execution of his office or ed guilty of fe
duty, every person so offending; and every person aiding, abet- o “ ting, or assisting therein, shall, being lawfully convicted, be “adjudged guilty of felony and suffer death as a felon, without “ benefit of clergy.”
The 58th section enacts “that if any person being in company Sect. 58. “ with more than four other persons, be found with any goods
company with “ liable to forfeiture under this or any other act relating to the four others, . “ revenue of customs or excise, or in company with one other foun
goods liable to
forfciture, or “ person within five miles of any navigable river, carrying offensive in company with one other
“ arms or weapons, or disguised in any way, every such person person carrying
“ shall be adjudged guilty of felony, and shall, on conviction of arms or dis “ such offence, be transported as a felon for the space of seven guised, to be
6 years; and if such offender shall return into the United Kingdeemed guilty of felony.
“ dom before the expiration of the said seven years, he shall suffer “ as a felon, and have execution awarded against him as a person
“ attainted of felony, without benefit of clergy.” Sect. 59.
The 59th section enacts “ that if any person shall by force or Persons assaultingofficers“ violence assault, resist, oppose, molest, hinder, or obstruct any by force or vio- « officer of the army, navy, or marines, being duly authorized lence may be " and on full pay, or any officer of customs or excise, or other transported,
“ person acting in his or their aid or assistance, or duly employed “ for the prevention of smuggling, in the due execution of his or “ their office or duty, such person, being thereof convicted, shall “ be adjudged a felon, and shall be transported for seven years " or sentenced to be imprisoned in any house of correction or “ common gaol, and kept to hard labour for any term not exceed. “ ing three years, at the discretion of the court before whom the
« offender shall be tried and convicted as aforesaid.” Sect. 78.
The 78th section enacts “ that any indictment or information Indictments for offences " which shall be found or prosecuted for any offence against this against this act“ or any other act relating to the revenue of customs, shall and
inquir- “ may be enquired of, examined, tried, and determined, in any ed into in any county of Eng
“ county of England; and any such indictment or information land.
« which shall be found, commenced, or prosecuted in Scotland, “ may be enquired of, examined, tried, and determined in any “ county in Scotland; and any such indictment or information “ which shall be found or commenced in Ireland may be enquired “ of, examined, tried, and determined in any county in Ireland, “ in such manner and form as if the offence had been committed “ in the said county where the said indictment or information
66 shall be tried.” Sect. 102. The 102d section enacts - that if any goods shall be seized for as to payment
" the non-payment of duties, or any other cause of forfeiture, and of duties, &c., “any dispute shall arise whether the customs, excise, or inland to lie upon the “ duties have been paid for the same, or the same have been law
“ fully imported, or concerning the place from whence such goods ing the goods seized. “ were brought, then and in such case the proof thereof shall lie
“ on the owner, or claimer of such goods, and not on the officer
6 who shall seize or stop the same.” Sect. 104.
The 104th section enacts “ that in case of any information or Averment of certain matters
“ proceedings had under this or any other act relating to the
Proceedings wau to be suficient, “ revenue of customs, the averment that the commissioners of until the con- « his Majesty's customs or excise have directed or elected such trary is proved.
“ information or proceedings to be instituted, or that any vessel “ is foreign or British, or that any person detained is, or is not, “ a subject of his Majesty, or that any person detained is, or is “ not, a seaman or seafaring man, or fit and able to serve his “ Majesty in his naval service, or that any person is an officer of “ the customs, shall be sufficient, without proof as to such fact os or facts, unless the defendant in such case shall prove to the “ contrary.”