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Smuggling.

running, or carrying away of prohibited or uncustomed goods, or goods liable to pay any duties which have not been paid or secured, or in the illegal carrying of any goods from any ware- 6 Geo. 4, c. 108. house or other place, as shall have been deposited therein, for uncustomed the security of the home consumption duties thereon, or for goods, or in the relanding goods preventing the use or consumption thereof in the united kingshipped for exdom, or in the illegal relanding of any goods which shall have portation, or in been exported upon debenture or certificate, or in rescuing or the rescuing any taking away any such goods as aforesaid, after seizure, from such goods, to be deemed guilty the officer of the customs or other officer authorized to seize of felony. the same, or any person employed by them or assisting them, or from the 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 revenue of 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 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.

Indictment against Smugglers under the above Section. Dorsetshire, The jurors for our lord the King, upon their to wit.* oath present, that A. late of the parish of in the county of labourer, B. late of the same place, labourer, and divers other persons to the number of three and more, whose names are as yet unknown to the said jurors, on, &c. with force and arms at the parish aforesaid, in the county aforesaid, being then and there armed with firearms, and other offensive weapons, to wit, with guns, pistols, carbines,

* The venue may be laid in any county of England, Scotland or Ireland, as if the offence had been committed in such county. Sect. 78 of the Act.

Smuggling.

poleaxes, large sticks, bludgeons and clubs, feloniously did assemble themselves together, in order then and there to be aid

*

6 Geo. 4, c. 108. ing and assisting in rescuing and taking away from one C. then and there being one of the officers of the customs of our said lord the King, a large quantity of foreign brandy, to wit, 100 gallons of foreign brandy (the same foreign brandy being uncustomed goods, and goods liable to foreign duties, which have not been paid or secured, after seizure of the said foreign brandy by the said C. so being such officer of the customs as aforesaid, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, in contempt of our said lord the King and his laws, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

The evidence in this case must be, that the prisoners assembled together in the felonious manner mentioned, namely, with intent to be aiding and assisting towards the offence charged in the indictment, and that intent must be proved. It must also appear that three persons at the least were assembled for the illegal purpose. Evidence of the officer having acted as such is sufficient, without proof of his commission or appointment. See sect. 105 of the Act.

The following have been holden to be offensive weapons within the old acts :-Bludgeons, clubs and any thing not in common use for any other purpose than that of a weapon. 1 Leach, 342, n. But a common horsewhip is not such an offensive weapon. 2 Str. 1166, Rex v. Fletcher. Nor a hatchet accidentally caught up during the fray. 1 Leach, 342, n. Rex v. Kell. Nor large sticks. Ibid. Rer v. Ince; Rex v. Cosans. There must be a deliberate assembling. 1 Leach, 339, Rex v. Hutchinson. Id. 343, n. Rex v. Spice. And it is not necessary that any individual should be armed. 1 Leach, 255, Rex v. Franklyn. Moreover, proof should be given that the goods were uncustomed. 1 Leach, 340, n. Rex v. Shelley.

*This offence is only mentioned as an instance. There are several felonies mentioned in the section, and the indictment must of course be drawn according to the particular facts.

Shooting.

6 Geo. 4, c. 108.

Smuggling.

6 Geo. 4, c. 108.

Sect. LVII. And be it further enacted, That if any person Persons shootshall maliciously shoot at or upon any vessel or boat belong- ing at any boat ing to His Majesty's navy, or in the service of the revenue, in belonging to any part of the British or Irish Channels, or elsewhere on navy or in the

service of the

the high seas, within one hundred leagues of any part of the revenue, or coast of the united kingdom, or shall maliciously shoot at, shooting at or maim, or dangerously wound any officer of the army, navy or wounding offimarines, being duly authorized and on full pay, or any officer cers of the army, navy or marines, of customs or excise, or any person acting in his aid or assist- deemed guilty ance, or duly employed for the prevention of smuggling, in of felony. the due execution of his office or duty, every 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, without benefit of clergy.

Indictment for Shooting, &c. under the above Section. Dorsetshire, The jurors for our lord the King upon their to wit.* Joath present, that A., late of the parish of in the county of B. late of the same place, and divers other ill-disposed persons to the said jurors unknown, on, &c. with force and arms, on the high seas, about the distance of half a mile from - harbour, in the county of to wit, at aforesaid, in the county of Dorset aforesaid, in and upon one C. then and there feloniously and maliciously did make an assault, and that the said A. a certain gun then and there charged with gunpowder, and one leaden bullet, which said gun he the said A. in both his hands then and there had and held, then and there feloniously and maliciously did shoot off and discharge against and upon the said C. he the said C. being then and there an officer of His said Majesty's excise,

* See the 74th section of the statute, which provides, that offences committed on the high seas against this Act shall be deemed, for the purposes of prosecution, to have been done at the place in which the offender may be taken.

Smuggling.

6 Geo. 4, c. 108.

and being then and there in the due execution of his office and duty as such officer as aforesaid, and that the said B. and the said other persons, to the said jurors as yet unknown, at the time of the said felonious and malicious shooting, then and there upon the high seas aforesaid, to wit, at the parish of aforesaid, in the county of Dorset aforesaid, feloniously and maliciously were present, aiding, helping, abetting and assisting the said A. the felonious and malicious shooting aforesaid to do and commit, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity; and the jurors aforesaid, upon their oath aforesaid, do further present [by analogy to the case of bigamy] that the said A. and B. were taken [brought and carried] into the parish aforesaid, in the county aforesaid, immediately next after the committing of the felony aforesaid, to wit, on the same day and year aforesaid.

Evidence.

You must prove that the prisoner A. fired at the officer, and that the officer was in the execution of his duty, but his commission or appointment need not be produced.

Several officers are mentioned by the statute as being under its protection, and the indictment and evidence will of course vary with reference to the particular person injured.

Indictment for Maiming or dangerously Wounding an

Officer, &c.

Dorsetshire, The jurors, &c. that A. late of, &c. on, &c. to wit. with force and arms, at, &c. with a certain in and upon one B. did make an assault, and the said A. then and there [describe the stabbing, as in cases of stabbing] then and there feloniously the said B. did [maim] and dangerously wound, he the said B. being then and there an officer of

and being then and there in the due execution of his office and duty as such officer aforesaid, against the form of the statute, &c. and against the peace, &c.

Evidence.

Similar evidence to that required in the case of shooting must be adduced in this case; namely, the stabbing by the prisoner with a felonious intent, and that the party stabbed

was an officer in the execution of his duty, but there need Smuggling. not be any proof of his appointment further than his having acted as such officer.

Indictment for Shooting at a Revenue Cutter. Dorsetshire, The jurors for our lord the King upon their to wit. Joath present, that A. late of the parish of on, &c. on the high seas, about the disharbour, in the county of

in the county of

tance of half a mile from
and within an hundred leagues of the coast of the united
kingdom, to wit, within one hundred leagues of the coast of

to wit, at the parish aforesaid, in the county aforesaid,
a certain [gun] then and there loaded with gunpowder and
one leaden bullet, which he the said A. then and there in
his right hand had and held, then and there against, at and
upon a certain [vessel] [cutter] of and belonging to His Ma-
jesty's navy, called
the same being on the high seas
aforesaid, and within one hundred leagues of the said coast,
called to wit, on the same day aforesaid, feloniously and
maliciously did shoot off and discharge, against the form of
the statute, &c. and against the peace of our said lord the
King, his crown and dignity; and [by analogy of the case of
bigamy] the jurors aforesaid, upon their oath aforesaid, do
further present, that the said A. &c, as in the first precedent.

Evidence.

It must be proved here, that the prisoner committed the felonious act charged, by firing the gun, and that he fired at a revenue vessel or cutter, or a ship in His Majesty's navy, and the situation of the ship upon the high seas must then be shown, namely, that she was within one hundred leagues of the coast. Moreover the shooting must be a malicious act. So that where a smuggler was chased by a certain large vessel, which fired upon her, but the custom-house cutter had not hoisted any pendant or ensign, it was held, that the return of the fire of the smuggler was not a malicious shooting, and a pardon was recommended. Russ. & Ry. 465, Rer v. Reynolds.

Other Felonies under this Act.

6 Geo. 4, c. 108.

Sect. LVIII. And be it further enacted, That if any person, being in company with more than four other persons, be found

6 Geo. 4, c. 108.

6 Geo. 4, c. 108. Any person in company with

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