coast, or of any navigable river leading therefrom, with such 3&4W.4.c.53. goods, and carrying offensive arms or weapons, or disguised in any way, every such person shall be adjudged guilty of felony, and shall, on conviction of such offence, be transported as a felon Transportation for the space of seven years." seven years. Assaulting officer of army. navy, &c. or revenue officer in execution of 61. If any person shall, by force or violence, assault, resist, oppose, molest, hinder, or obstruct any officer of the army, navy, or marines, being duly employed for the prevention of smuggling, and on full pay, or any officer of customs or excise, or other person acting in his or their aid or assistance, or duly employed his duty; for the prevention of smuggling, in the due execution of his or their office or duty, such person, being thereof convicted, shall be transported for seven years, or sentenced to be imprisoned in any transportation house of correction or common gaol, and kept to hard labour, seven years; for any term not exceeding three years, at the discretion of imprisonment the court before whom the offender shall be tried and convicted as aforesaid." § 77. "In case any offence shall be committed upon the high seas against this or any other act relating to the customs, or any penalty or forfeiture shall be incurred upon the high seas for any breach of such act, such offence shall, for the purpose of prose cution, be deemed and taken to have been committed, and such penalties and forfeitures to have been incurred, at the place or 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, or in which such person shall be found; and in case such place or 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 parlialiament to the contrary notwithstanding: Provided always, that where any offence shall be committed in any place upon the water, not being within any county of the United Kingdom, or where any doubt exists as to the same being within any county, such offence shall, for the purposes of this act, be deemed and taken to be an offence committed upon the high seas." On a conviction under 6 G. 4. c. 108. (a), one of the questions was, whether the convicting magistrates had jurisdiction; it was for an offence committed on the high seas, and it appeared that the ves sel had been seized and detained within the jurisdiction of the justices of Suffolk or of Ipswich; but defendant was taken into Harwich, by the justices of which place he was convicted: Under § 74. of 6 G. 4., containing an enactment similar to that of 3 & 4 W. 4. c. 53. § 77., the court of K. B. held that the conviction was proper. In the matter of James Nunn, 8 B. & C. 644. § 117. "All persons employed for the prevention of smuggling under the direction of the commissioners of his majesty's customs, (a) The stat. 6 G. 4. c. 108. has not been repealed, but most of its penal provisions are superseded by those of 3 & 4 W. 4. c. 53. and hard labour. Offences on high seas deemcommitted at the place into which such offender shall be brought, or in which he is ed to have been found. Offender may be convicted in the place into which he is car ried, though the ship may have been seized in another jurisdiction. Persons employed in pre ventive service to be deemed duly employed, and averment 3&4W.4. c.53. or of any officer or officers in the service of the customs, shall be deemed and taken to be duly employed for the prevention of smuggling; and the averment, in any information or suit, that such party was so duly employed, shall be sufficient proof thereof, unless the defendant in such information or suit shall prove to the contrary." to that effect in information or suit to be suffi cient, unless, &c. Evidence of officer of army, navy, &c. and of officer of customs and excise, having acted as such, sufficient proof that he is such, unless, &c. Officer or other person acting in his aid a competent witness though entitled, to share or reward. Indictments or informations may be tried in any county in England, Scotland or Ireland respectively. Revenue vessel firing on a smuggler to bring him to, proper pendant, &c. must be hoisted. "Armed with offensive weapons," person hastily taking up a hatchet not deemed so. § 118. "If upon any trial a question shall arise whether any person is an officer of the army, navy, or marines, being duly employed for the prevention of smuggling, 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 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 information on account of 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, or to any reward upon the conviction of the party charged in such suit or information." § 122. "Any indictment or information for any offence against this or any other act relating to the customs shall and may be inquired of, examined, tried, and determined in any county of England, where the offence is committed in England, and in any county in Scotland where the offence is committed in Scotland, and in any county in Ireland where the offence is committed 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." In a case under 52 G. 3. c. 143. § 11. (now repealed), containing an enactment similar to that contained in 3 & 4 W. 4. c. 53. § 59. (supra), the prisoner was charged with shooting at and upon a vessel being in the service of the customs, &c., and also with shooting at &c. T. T., an officer of the customs, &c. (a) It appeared that the revenue vessel having fired a gun to bring to the smuggler, pursuant to 56 G. 3. c. 104. § 8. (now repealed), a regular engage ment ensued. By the same section it was required that the revenue vessel, in doing so, should have a pendant or ensign hoisted, of such description as H. M. should by proclamation or order in council direct. The officer had hoisted colours pursuant to orders given him, but there was no evidence of any order in council or royal proclamation; in the case reserved it was stated, that there had been an order in council in the Gazette, directing the pendant and ensign to contain particulars which had not been proved. The judges were unanimous that, as the revenue vessel had not com plied with what was required by the statute to make the shooting legal, the firing by the smugglers could not, in point of law, be considered malicious, and a pardon was recommended. M. T. 1821, R. v. Reynolds, C. C. R. 465. In a decision on 19 G. 2. c. 34., containing similar words with those of 3 & 4 W. 4. c. 53. § 58., as to persons to the number of three or more, armed with fire-arms or other offensive weapons, it was held that a person catching up a hatchet accidentally during (a) See 3 & 4 W. 4. c. 53. § 8. supra. the heat of an affray, was not so armed within the meaning of the act. O. B. 1784, Rose's case, 1 Leach, 342. n. (a). cit. 1 Russ. 124. sive weapons. In another case it was laid down by the court, that bludgeons Bludgeons, &c. properly so called, clubs, and any thing that was not in common may be offenuse for any other purpose than a weapon, were clearly offensive weapons within the meaning of the legislature. O. B. 1785, Cosan's case, 1 Leach, 342. u. (n.); cit. 1 Russ. 124. used for carry In a case on 6 G. 4. c. 108. § 56., against prisoner for being Whether a bat, assembled, with others, armed with fire-arms and other offensive being a pole weapons, for aiding and assisting in the illegal landing of uncus- ing tubs was an tomed goods, it appeared that the prisoner carried a bat (a hop- offensive weapole about seven feet long), as others did, for the purpose of pon, question carrying the tubs: there was another party acting separately, for jury. armed with muskets. Littledale J. left it to the jury to say how the bats were intended to be used; for though they were brought for carrying away small casks, yet they might be used for offensive purposes. Prisoners were acquitted. O. B. May, 1832, R. v. Noakes, 5 Car. & P. 326. Where a person, not being armed himself, is in company with others who are armed, and is active with them, he comes within the enactment of the statute. Franklin's case, 1 Leach, 255. S. C. Cald. 244., cit. 1 Russ. 124. Acc. R. v. Smith & others, S. P. in a Game prosecution, C. C. R. 368. See tit. Game. Person not armed, but acting with others who are so, is within the stat. The assembling, &c. must be for the deliberate purpose of committing It has been decided on 19 G. 2. c. 34. (now repealed), that the "assembling," as stated in that and in other statutes, must be deliberate, and for the purpose of committing the offence described in the statute; and that therefore, where a parcel of drunken men from an ale-house hastily set about carrying away some gin which the offence. the revenue officers had seized, it was doubted whether it came within the act, and the prisoners were acquitted. Hutchinson's case, 1 Leach, 343. ; cit. 1 Russ. 125., and n. (q) ib. Snares. See Game. Sodomy. See Buggerp and Robbery. Spring-Guns, Man-Traps, tc. [7 & 8 G. 4. c. 118.] BY the 7 & 8 G. 4. c. 18. § 1., reciting, "whereas it is expedient to prohibit the setting of spring-guns and man-traps, and other engines calculated to destroy human life, or inflict grievous bodily harm," it is enacted, "that from and after the passing of this act, if any person shall set or place, or cause to be set or placed, any spring-gun, man-trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, the person so setting or placing, or causing to be so set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor." 7&8 G. 4. c.18. Persons setting or placing spring guns guilty of a misdemeanor. man traps, &c. Provision for traps for des troying vermin. Persons permit ting guns, traps, &c. set by others, to con tinue, deemed to have set the same. Proviso for guns, traps, &c. set for the protection of dwelling-houses. Not to affect proceedings already commenced. Not to extend to Scotland. § 2. provides and enacts, "That nothing herein contained shall extend to make it illegal to set any gin or trap such as may have been or may be usually set with the intent of destroying vermin." § 3. enacts and declares, “That if any person shall knowingly and wilfully permit any such spring-gun, man-trap, or other engine as aforesaid, which may have been set, fixed, or left in any place then being in or afterwards coming into his or her possession or occupation, by some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and fixed such gun, trap, or engine, with such intent as aforesaid." § 4. provides and enacts, "That nothing in this act shall be deemed or construed to make it a misdemeanor, within the meaning of this act, to set or cause to be set, or to be continued set, from sunset to sunrise, any spring-gun, man-trap, or other engine which shall be set, or caused or continued to be set, in a dwellinghouse, for the protection thereof." § 5. provides and enacts, "That nothing in this act contained shall in any manner affect or authorise any proceedings in any civil or criminal court, touching any matter or thing done or committed previous to the passing of this act." § 6. provides and enacts, "That nothing in this act contained shall extend or be construed to extend to that part of the United Kingdom called Scotland." Squibs. See Fireworks. Stabbing. See Homicide. Stock of Companies. THE offences of making false entries or wilful alterations in the books of accounts of owners of stock at the bank or South Sea house; or of making transfer of public stock there in any other name than the true owners; of forging a transfer of public stock or of stock of body corporate, &c., or power of attorney for transferring the same, or for receiving dividends thereon; of transferring stock, or receiving dividends by false personation; of falsely personating the owner of stock, and endeavouring to make transfer, or to receive dividends; of forging the attestation to a power of attorney for transfer of stock or receipt of dividend; of making out dividend warrant for a greater or less sum than is really due, &c., are provided for by I W. 4. c. 66. See tit. Forgery, § 2 p. 256., et seq. Stocking Frames. [28 G. 3. c. 55.] BY stat. 28 G. 3. c. 55. § 1., if any framework-knitter, who shall rent or take by the hire any stocking-frame, either with or ithout any machine or engine thereto annexed, or therewith to e employed, shall refuse to yield up and re-deliver the same with e machine or frame to the person of whom he shall so rent it, ter 14 days' previous notice, he shall, on conviction by the oath solemn affirmation of the owner or employer of such frame, or any other witness, before one justice where the offence is comtted, or where the person so charged shall inhabit, for every ch offence forfeit 20s. to the poor; and if not immediately paid, d such frame, &c. delivered up to the owner within six days er conviction, such justice shall commit such offender to gaol other public prison to hard labour for any time not exceeding ee nor less than one calendar month. 28 G. 3. c. 55. Frameworkknitters hiring frames, and rethem on notice. fusing to return and selling them. 2. 3. If any person so renting or taking to hire any stocking- Persons so me, with or without such machine as aforesaid, shall sell or hiring frames awfully dispose thereof, or the machine, &c. therewith let, hout the consent of the owner; or shall wilfully and knowingly eive or purchase any such so sold or unlawfully disposed of as resaid, contrary to the true intent and meaning of this act; ry such offender, being convicted upon indictment, shall suffer tary imprisonment in the gaol or house of correction for not than three nor exceeding twelve calendar months. jee 7 & 8 G. 4. c. 30. § 3. ante, tit. Malicious Injuries, § 2. 549., and R. v. Tacey, ib. olen Goods. See Search warrant and Restitution. Stores. [9 & 10 W. 3. c. 41. - 1 G. 1. stat. 2. c. 25. — 9 G. 1. c. 8. -4 G. 4. c. 53.] [Vide stat. 1 & 2 G. 4. c. 75. § 16, 17. post, tit. 'Wreck.'] Y stat. 4 G. 4. c. 53., after reciting that by stat. 22 C. 2. c. 5. 4 G. 4. c. 53. the benefit of clergy is taken away from persons convicted of ling or embezzling any of H. M.'s sails, cordage, or any other H.M.'s naval stores, to the value of 20s.; provided that it shall lawful for the judges to grant a reprieve for the staying of the cution of such offenders, and to cause them to be transported the space of seven years, and kept to hard labour; and also iting that it is expedient that a lesser degree of punishment than 3 к VOL. III. |