good reason. "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." Sect. 40. Officers, with ance, may enter houses, &c. to search tomed or pro writs of assist for uncus The 40th section enacts, "that it shall and may be lawful for any officer of customs, or person acting under the direction of "the commissioners of his Majesty's customs, authorized by writ "of assistance under the seal of his Majesty's Court of Exchequer, " to take a constable, headborough, or other public officer inhabiting near the place, and in the daytime to enter into any house, shop, "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 purposes 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 66 sworn, as within such limits." 66 The 51st section enacts, "that if any person or 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"tained at the time of so committing the offence for which he or "they is or are so liable, or after detention shall make his or their escape, it shall and may be lawful for any officer of the army, navy, or marines, being duly authorized and on full pay, or any "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." 66 The 52d section enacts, "that no person shall, after sunset and "before sunrise, between the twenty-first day of September and "the first day of April, or after the hour of eight in the evening " and before the hour of six in the morning at any other time in "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, "flash, or blaze, or any signal by smoke, or by any rocket, fireworks, 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 66 Sect. 51. to be arrested, and making escape, may afterwards be officer, of the customs, &c. Persons liable detained by any Sect. 52. persons making signals to smuggling ves Penalty on sels at sea. Sect. 53. nal not being intended to lie ant. 66 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 offending before any two or more of his Majesty's justices of the peace residing near the place where such offence shall be committed, who, if they see cause, shall commit the offender to "the next county gaol, there to remain until the next court of 66 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 inform66 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." 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 "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 66 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. may put out and extinguish, and prevent signals. Sect. 55. 66 The 54th section enacts, "that it shall be lawful for any per"son whatsoever to put out and extinguish, or prevent any such "light, fire, flash, or blaze, or any smoke, signal, rocket, fire"work, noise, or other device or contrivance so made or being "made as aforesaid, and to enter and go into and upon any lands "for that purpose, without being liable or subject to any indict66 ment, suit, or action for the same." The 55th section enacts, "that if any person whatsoever shall Persons resist-hinder, oppose, molest, or obstruct any officer of the army, ing officers, or 66 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 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 2001. 66 66 vour to do so, or shall before, or at or after any seizure, stave, "break, or otherwise destroy any goods, to prevent the seizure "thereof or the securing the same, then and in such case the parties offending shall forfeit for every such offence the sum of "two hundred pounds." Three or more Sect. 56. persons armed with fire-arms, assembled to legal exportation or landing of prohibited or goods, or in the assist in the il uncustomed The 56th section enacts "that if any persons to the number of ❝ three or more, armed with fire arms or other offensive weapons "shall, within the United Kingdom, or within the limits of any port, harbour or creek thereof, be assembled in order to be aiding and assisting in the illegal exportation of any goods prohi"bited to be exported, or in the carrying of such goods in order "to such exportation, or in the illegal landing, running, or carry❝ing away of prohibited or uncustomed goods, or goods liable to <6 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 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 per"son who shall have been guilty of such offence; or in case any 66 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 66 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." 66 The 57th section enacts "that if any person shall maliciously Sect. 57. "shoot at or upon any vessel or boat belonging to his Majesty's 66 Persons shoot the service of 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 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 "and on full pay, or any officer of customs or excise, or any per- army, navy, or son acting in his aid or assistance, or duly employed for the marines, deem"prevention of smuggling, in the due execution of his office or ed guilty of fe"duty, every person so offending, and every person aiding, abet- lony. 66 ting, or assisting therein, shall, being lawfully convicted, be adjudged guilty of felony and suffer death as a felon, without "benefit of clergy." officers of the Sect. 58. The 58th section enacts "that if any person being in company "with more than four other persons, be found with any goods Any person in 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 found with 66 goods liable to forfeiture, or in company with one other arms or dis person within five miles of any navigable river, carrying offensive arms or weapons, or disguised in any way, every such person person carrying "shall be adjudged guilty of felony, and shall, on conviction of "such offence, be transported as a felon for the space of seven years; and if such offender shall return into the United King"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." guised, to be deemed guilty of felony. Sect. 59. Persons assaultingofficers &c. 66 66 The 59th section enacts "that if any person shall by force or "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 66 or sentenced to be imprisoned in any house of correction or common gaol, and kept to hard labour for any term not exceeding three years, at the discretion of the court before whom the "offender shall be tried and convicted as aforesaid." Sect. 78. Indictments for offences against this act may be enquired into in any county of England. Sect. 102. as to payment to lie upon the person claim ing the goods seized. Sect. 104. Averment of certain matters to be sufficient, until the con or any The 78th section enacts "that any indictment or information "which shall be found or prosecuted for any offence against this other act relating to the revenue of customs, shall and may be enquired 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 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 "shall be tried." The 102d section enacts "that if any goods shall be seized for "the non-payment of duties, or any other cause of forfeiture, and any dispute shall arise whether the customs, excise, or inland "duties have been paid for the same, or the same have been law"fully imported, or concerning the place from whence such goods "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 "who shall seize or stop the same.' 66 The 104th section enacts "that in case of any information or proceedings had under this or any other act relating to the 66 revenue of customs, the averment that the commissioners of "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 66 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 or facts, unless the defendant in such case shall prove to the "contrary." 66 66 Sect. 105. Viva voce evi may be given that a party is an of ficer. The 105th section enacts "that if upon any trial a question shall "arise whether any person is an officer of the army, navy, or dence marines, being duly authorized and on full pay, or an officer of "customs or excise, evidence of his having acted as such shall be "deemed sufficient, and such person shall not be required to pro"duce his commission or deputation unless sufficient proof shall "be given to the contrary; and every such officer, and any per- Share of penal"son acting in his aid or assistance, shall be deemed a competent ty not to disqualify officers 66 witness upon the trial of any suit or information, on account of as witnesses. "any seizure or penalty as aforesaid, notwithstanding such officer or other person may be entitled to the whole or any part of such seizure or penalty.' rines unless on The 106th section enacts "that in all cases where any power, Sect. 106. "authority, or protection is given or granted by this act to any Powers, &c., of "officer or officers of the navy, army, or marines, the same shall extend to offi"not extend or be construed to extend to any such officer or cers of army, "officers, unless such officer or officers shall be on full pay and navy, or maemployed for the prevention of smuggling under the proper full pay, and "authority to which such officer or officers is or are subjected, or duly employed "under the authority of the commissioners of the customs or excise; and such officer or officers shall be deemed to be duly "authorized for the purposes of this act or any other act relating "to the revenue of customs; any thing in this or any other act "to the contrary notwithstanding." for the preven. tion of smug gling. vessel, &c. or We have seen that the 57th section of this act relates to the As to malicious malicious shooting at any vessel, &c., or any officer, &c.; and it shooting at a may be here mentioned, that upon a clause in one of the repealed officer, &c. statutes, (52 Geo. 3. c. 143. s. 11.) which contained an enactment nearly similar, it was determined that where a custom-house vessel had chased a smuggler and fired into her without hoisting the pendant and ensign then required by 56 Geo. 3. c. 104. s. 8., the returning such fire was not malicious. The indictment was for shooting at a vessel in the service of the customs on the high seas within one hundred leagues of the coast of Great Britain, and also for maliciously shooting at an officer of the customs, &c.: and it appeared that the vessel chased a smuggler within the limits;that the smuggler did not bring to upon being chased and a signal-gun fired; and that thereupon the custom-house vessel fired at the smuggler, and the smuggler returned the fire, and they had a regular engagement, in which one of the custom-house officers was severely wounded. In order to prove the right of firing at the smuggler, the 56 Geo. 3. c. 104. s. 8. was referred to, which, in the case of ships employed to prevent smuggling by the Treasury, Admiralty, Customs, or Excise, gave the power, if the vessel had a pendant and ensign hoisted of such description as his Majesty by any order in council, or by royal proclamation under the great seal, should direct ;-but there had been no proclamation, nor was any order in conncil proved; though, after the trial, an order in council was discovered which required certain particulars in the pendant and ensign which this ship's pendant and ensign had not. Upon a case reserved, eleven Judges (Best, J., being absent) were clear that as the custom-house vessel had not complied with what was required to make her shooting legal, the |