The offence must be proved upon the defendant, that is to say, the making of the light, &c. and it must appear that he made it upon the coast. The 53d section of the statute provides, that if the defendant means to dispute that he made the light for the purpose of making an unlawful signal, he must bring forward the proof himself, it being sufficient for the prosecutor to show the making of the supposed signal. Offences done on the high seas are to be considered as committed at the place at which the offender is first taken. Justices of cities, &c. to have the same jurisdiction as justices of counties. 6 Geo. 4, c. 108. Smuggling. 6 Geo. 4, c. 108. 6 Geo. 4, c. 108. ed to have been Sect. LXXIV. And be it further enacted, That in case any Offences on the offence shall be committed upon the high seas against this or high seas deemany other Act relating to the revenue of customs, or any committed at the penalty or forfeiture shall be incurred upon the high seas, for place into which any breach of such Act, such offence shall, for the purpose of the offender is taken. prosecution, be deemed and taken to have been committed, and such penalties and forfeitures to have been incurred, at the place on land in the united kingdom, or the Isle of Man, into which the person committing such offence, or incurring such penalty or forfeiture, shall be taken, brought or carried; and in case such place on 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 Parliament to the contrary notwithstanding: Provided always, that all offences against this or any other Act relating to the revenue of customs committed in any city, borough, liberty, division, franchise or town corporate, shall be deemed and taken to have been committed in the county within which such city, borough, liberty, division, franchise or town corpo Smuggling. 6 Geo. 4, c. 108. 6 Geo. 4, c. 108. Indictments for offences against this Act may be inquired into in any county of England. rate is situated, and as well any justices of the said city, borough, liberty, division, franchise or town corporate, as any justices of any county in which such city, borough, liberty, division, franchise or town corporate is situated, shall have jurisdiction to hear and determine the same. Venue. In any county where the offence has been committed or caused. 6 Geo. 4, c. 108. Sect. LXXVIII. And be it further enacted, That any indictment or information which shall be found or prosecuted for any offence against this or any other Act relating to the revenue of customs, shall and may be inquired of, examined, tried and determined in any county of England; and any such indictment or information which shall be found, commenced or prosecuted in Scotland, may be inquired 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 inquired 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 shall be tried. 6 Geo. 4, c. 108. Viva voce evidence may be given that a party is an officer. Evidence, It is provided, that proof of an officer having acted as such, shall be sufficient, without the production of his commission; and that a share of penalties shall not disqualify an officer from giving evidence, 6 Geo. 4, c. 108. Sect. CV. And be it further enacted, That if upon any trial a question shall arise whether any person is an officer of the army, navy or marines, being duly authorized and on full pay, or officer of customs or excise, evidence of his having acted as such shall be deemed sufficient, and such person shall not be required to produce his commission or deputation, unless sufficient proof shall be given to the contrary; and every such officer, and any person acting in his aid or assistance, shall be deemed a competent witness upon the trial of any suit or in Smuggling. formation, on account of any seizure or penalty as aforesaid, 6 Geo. 4, c. 108. notwithstanding such officer or other person may be entitled Share of penalty to the whole or any part of such seizure or penalty, SUMMARY CONVICTIONS UNDER THE SMUGGLING ACT. 6 Geo. 4, c. 108. The summary convictions prescribed by this Act come next under our notice. They are principally inflicted upon persons in possession of contraband goods, and upon officers who misbehave themselves. The mode of proceeding for forfeitures then follows, and the forms of a prosecution, &c. are pointed out in the supplement. First, with respect to the improper possession of Contrabund 6 Geo. 4, c. 108. not to disqualify officers as wit nesses. 6 Geo. 4, c. 108. Sect. XXXIX. And be it further enacted, That if any pas- Passengers senger or other person on board any vessel or boat shall, upon having goods in being questioned by any officer of his Majesty's customs, possession, and whether he has any foreign goods upon his person, or in his forfeit treble the denying it, to possession, deny the same, and any such goods shall, after value thereof. such denial, be discovered upon his person, or in his possession, such goods shall be forfeited, and such person shall forfeit treble the value of such goods. Unshipping, harbouring or having custody of Prohibited Goods. 6 Geo. 4, c. 108. 6 Geo. 4, c. 108. Sect. XLV. And be it further enacted, That every person Penalty on pernot arrested and detained as hereinafter mentioned, who shall, sons unshipping, either in the united kingdom or the Isle of Man, assist or be harbouring or otherwise concerned in the unshipping of any goods which are of any prohibited having custody prohibited, or the duties for which have not been paid or or uncustomed secured, or who shall knowingly harbour, keep or conceal, goods. or shall knowingly permit or suffer to be harboured, kept or M Smuggling. concealed, any goods which have been illegally unshipped without payment of duties, or which have been illegally re6 Geo. 4, c. 108. moved without payment of the same, from any warehouse or 6 Geo. 4, c. 108. Penalty on persons unshipping, having possession, or harbouring drawback or bounty goods. 6 Geo. 4, c. 108. Persons insuring the place of security in which they may have been originally deposited, or shall knowingly harbour, keep or conceal, or permit or suffer to be harboured, kept or concealed, any goods prohibited to be imported, or to be used or consumed in the united kingdom or in the Isle of Man; and every person, either in the united kingdom or the Isle of Man, to whose hands and possession any such uncustomed or prohibited goods shall knowingly come, shall forfeit either the treble value thereof, or the penalty of one hundred pounds, at the election of the Commissioners of his Majesty's Customs. Harbouring Drawback or Bounty Goods. 6 Geo. 4, c. 101. Sect. XLVI. And be it further enacted, That if any goods upon which there is a drawback or bounty, shall be shipped to be exported into parts beyond the seas, and shall afterwards be unshipped with intention to be relanded in the united kingdom (unless in case of distress to save the goods from perishing,) that then and in such case the said goods shall be forfeited, and the master of the vessel from which they shall be unshipped, and every person concerned in the unshipping, and the person or persons to whose hands the same shall knowingly come, or who shall knowingly harbour, keep or conceal, or suffer to be harboured, kept or concealed such goods, shall, for every such offence, forfeit the treble value of the goods, or the penalty of one hundred pounds, at the election of the Commissioners of his Majesty's Customs. Insuring the delivery of Prohibited Goods. 6 Geo. 4, c. 108. Sect. XLVII. And be it further enacted, That every person who, by way of insurance or otherwise, shall undertake or delivery of proagree to deliver any goods to be imported from beyond the customed goods seas, at any port or place in the united kingdom, without to forfeit £. 500. hibited or un paying the duties due on such importation, or any prohibited goods; or in pursuance of such insurance, or otherwise, shall Smuggling. deliver or cause to be delivered any uncustomed or prohibited 6 Geo. 4, c. 108. goods, every such person, and every aider or abettor thereof, shall for such offence forfeit the sum of five hundred pounds, over and above any other penalty to which by law he may be liable; and every person who shall agree to pay any money for the insurance or conveyance of such goods, or shall receive or take such goods into his custody or possession, or suffer the same to be so received or taken, shall also forfeit five hundred pounds, over and above any penalty to which by law he may be liable on account of such goods. Offering Goods for Sale under Pretence of being run, or prohibited. 6 Geo. 4, c. 108. 6 Geo. 4, c. 108. Sect. XLVIII. And be it further enacted, That if any per- Penalty on person or persons shall offer for sale any goods, under pretence sons offering that the same are prohibited, or have been unshipped and run goods for sale on shore without payment of duties, that then and in such of being run, or under pretence case all such goods (although not liable to any duties or pro- prohibited. hibited) shall be forfeited, and the person or persons, and every of them, offering the same for sale, shall forfeit the treble value of such goods, or the penalty of one hundred pounds, at the election of the Commissioners of his Majesty's Customs. Spirits or Tobacco. 6 Geo. 4, c. 108. 6 Geo. 4, c. 108. cerned in the carrying away or concealing spirits or tobacco, to forfeit £. 100. and may be detained. Sect. L. And be it further enacted, That every person Persons unshipwhatsoever who shall unship, or be aiding, assisting or con- ping or concerned in the unshipping of any spirits or tobacco, liable to forfeiture under this or any other Act relating to the revenue of customs or excise, either in the united kingdom or the Isle of Man, or who shall carry, convey or conceal, or be aiding, assisting or concerned in the carrying, conveying or concealing of any such spirits or tobacco, shall forfeit for such offence the sum of one hundred pounds; and every such per |