misdemeanor punishable by imprisonment not exceeding three years (a). FORCIBLE ENTRY OR DETAINER. The violent taking, or, after unlawful taking, the Forcible entry violent keeping possession of lands and tenements with or detainer. menaces, force, and arms, and without the authority of the law. It is no defence to a charge of forcible entry that the accused has been unjustly turned out of possession (b), inasmuch as he has his remedy at law, and the fact of his right does not diminish the breach of the peace. If there be not employed such force as is calculated to prevent resistance, it is a mere trespass (c). The offence is a misdemeanor, punishable by fine and imprisonment. The court may summarily restore possession to the person entitled, by a writ of restitution (d). Blackstone notices certain other offences which are Other offences against the punishable by fine and imprisonment as misdemeanors peace. against the peace: Riding or going armed with dangerous or unusual weapons-spreading false newsfalse and pretended prophecies, with intent to disturb the peace. (a) 6 & 7 Vict. c. 96, s. 3. (b) 5 Rich. 2, c. 8. (c) R. v. Smyth, 5 C. & P. 201. Nature of offences CHAPTER VI. OFFENCES AGAINST PUBLIC TRADE. IT is in subjects treated of in this chapter, perhaps, against trade. that there is found the chief ground for the distinction between mala in se and mala quia prohibita. Certain of the offences, free from any tinge of immorality, appear in the category of crimes only inasmuch as they have been forbidden by human laws. But, of course, in any case, an act is punishable by the law only in virtue of its being a breach of that law, and not on account of its moral quality. Definition of smuggling. Forfeiture, &c. SMUGGLING. Smuggling is the importing or exporting either (a) goods without paying the legal duties thereon; or (b) prohibited goods. The existing law on the subject is contained chiefly in the Customs Consolidation Act, 1853 (e). The statute subjects to forfeiture the goods which have in any way been the subjects of smuggling practices (f). It also imposes certain pecuniary penalties (g), and renders liable to imprisonment for specified periods, on summary conviction before a justice, every person found on board a ship liable to forfeiture by any Act relating to the customs (h). The following offences are declared felonies: (a.) Being armed and assembled, to the number of (e) 16 & 17 Vict. c. 107. (f) Ibid. s. 209. (h) Ibid. s. 235. three or more, for the purpose of aiding in the illegal Acts of smuggling landing, running, or carrying away of prohibited goods, which are or goods liable to duties not paid or secured; or in felonies. rescuing such goods after seizure; or in rescuing a person apprehended for a felony against the customs; or in preventing the apprehension of such person (¿). (b.) Shooting at vessels belonging to the navy or revenue service within a hundred leagues of any part of the United Kingdom, or shooting at or wounding an officer engaged in the prevention of smuggling (j). The punishment for these felonies is penal servitude from fifteen years to life, or imprisonment not exceeding three years. (c.) Being found in company with more than four others, with prohibited goods; or in company with one other person, within five miles of the sea coast or of any navigable river, carrying offensive arms, or disguised in any way-is punishable by penal servitude to the extent of seven years (k). The following offences are misdemeanors : (a.) Assaulting or opposing an officer engaged in the prevention of smuggling in the execution of his duty, is punishable by penal servitude to the extent of seven years (1). (b.) Making signals, under certain circumstances, to smuggling vessels, is punishable by fine of £100, or imprisonment not exceeding one year (m). Misdemeanors. All proceedings for offences against Acts relating to Proceedings. the customs must be commenced within three years after the date of the offence (n). The Act also contains provisions for facilitating the discovery of smuggled goods by searching suspected ships, carts, houses, &c.; it being lawful for the revenue authorities to fire on a ship which, when chased, does not bring to (0). Offences by bankrupts, &c. OFFENCES AGAINST THE BANKRUPT LAWS. The Debtors Act, 1869 (p), enumerates several acts which, if done by persons adjudged bankrupt, or whose affairs are liquidated by arrangement, are misdemeanors punishable by imprisonment not exceeding two years. The following acts, if done fraudulently, are the chief (q): i. Not to best of belief making full discovery of his estate to the administering trustee. ii. Neglecting to deliver up property under his control. iii. Neglecting to deliver up books, papers, &c., relating to his property. iv. Within four months before commencement of bankruptcy or liquidation, or thereafter, concealing property to the value of £10. v. Within the same time, or thereafter, removing property to the value of £10. vi. Making material omissions in statements relating to his affairs. (n) 16 & 17 Vict. c. 107, s. 303. (0) Ibid. ss. 218-223. (p) 32 & 33 Vict. c. 62. (9) Ibid. s. II. The discovery mentioned in sub-section I of this section is not restricted to property in possession of the bankrupt at the commencement of his bankruptcy. Reg. v. Michell, 50 L. J. (M.C.) 76 ; 43 L. J. N. S. 572. vii. Failing for a month to inform the trustee of any false debt which he knows to have been proved. viii. After the commencement of bankruptcy or liquidation proceedings preventing the production of papers, &c., relating to his affairs, with intent to conceal the state of his affairs, or to defeat the law. ix. After such commencement, or within four months before, destroying, falsifying, &c., such documents. x. Within the same limits of time making false entries in such documents, &c. xi. Within the same limits parting with, altering, or making omissions in such documents. xii. Within the same limits attempting to account for any part of his property by fictitious losses or expenses. xiii. Within four months before the commencement of proceedings obtaining, by false representation or other fraud, any property on credit without paying for it. xiv. Within the same time, as a trader, so obtaining property on credit under the false pretence of carrying on his business. xv. Within the same time pawning or disposing of, otherwise than in the ordinary way of trade, property obtained on credit and not paid for. xvi. Any false representation or other fraud in order to obtain the consent of any of his creditors to an agreement with reference to his affairs, or his bankruptcy or liquidation. One offence is a felony, punishable by imprison- Absconding, ment not exceeding two years, namely, after the com- &c., a felony. mencement of bankruptcy or liquidation, or within four months before, fraudulently absconding or attempting |