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cers of customs



IV. The corporal punishments to which per

sons guilty of smuggling, or of such
practices as have a direct tendency there-

to, are liable. By 13 & 14 Car. 2. c. 11, if any officers of the customs shall Forcibly obbe, by any person armed with club or any manner of weapon,

structing offi. forcibly hindered, affronted, abused, beaten, or wounded, ei- in the execution ther on board any ship or vessel, or upon the land or water, of their office, in the due execution of their office, every person so resisting, fine of 1001. affronting, abusing, or wounding the said officers or their de- and imprisonputies, or such as shall act in their assistance, shall by the next justice of peace or other magistrate be committed to prison till the next quarter sessions: and the justices of the quarter sese sions shall punish the offender' by fine, not exceeding 1001. and the offender is to remain in prison till he be discharged by order of the Exchequer both of the fine and of the im. prisonment, or discover the person that set him on work. *.6.

And by 6 Geo. 1. c. 21, if any officers of the customs be If by 8 persone forcibly hindered, wounded, or beaten, in the due execution armed, transof their office, by any persons armed with club or any weapon," tumultuously assembled, to the number of eight or more, every such person, or such as shall act in their assistance, shall by order of the Court before whom they shall be convicta ed, be transported to some of the plantations in America for such term as the Court shall think fit, not, exceeding seven years. S. 34.

And if such offenders shall return into Great Britain or Ire. land before the expiration of the said term, they shall have execution awarded as persons attainted of felony without benefit of clergy. S. 35.

But if any such offender shall within two months after his offence, and before conviction, discover two or more of his accomplices to the commissioners of customs, so as two of them be convicted, he shall have 40l. for every offender so dis. covered, and shall be acquitted of his offence.

And if any other person shall within three months after such
offence discover to the commissioners any person guilty, so
such offender be convicted, such discoverer shall receive the
like reward of 40l. for every offender, over and above any
other reward on account of the goods which shall be recovered
by means of sach discovery, or on account of the penalty which
shall be recovered for the running the goods. 8. 37.

And the commissioners of the custoins shall cause the said rewards of 401. to be paid by the receiver general of the cusa toms out of any public money in his hands under the managenent of the said commissioners, on producing a certificate of the judge before whom the cause was tried, certifying the conviction of the offender; and the money so paid by the receiver general shall be allowed in bis accounts. s. 38.

$. 36.


[ocr errors] by ICON 2. c. 35, it is in general provided, that if an uffe- of 2 customs or excise, being on board any ship, L. 24::b.y mind, wounded *, or beaten in execution of h un kec day or night; the offender shall be transporte Er wordt Ti. $. 28.

NO:9 Ges. 3. c. 69, if any person whatsoever sha r. sit, oprose, molest, obstruet or hinder, any offe of 1: er ercise in seizing or securing any coffee, te 2.7" chocolate, foreiga brandy, or other foreign spi

ars, or any other goods whatsoever, liable to be se 1 s"ract now in force; or shall by force rescue, or cap y est vel, any of the said goods, after seized, or shall 273 u to do; or, after such seizure, shall cut, stave, bre ristrise destroy or damage any casks, vessels, boses -., wherein the same shall be contained; the office till persons acting in their aid, may stop the person indir, and him carry before one justice; and the justice ska

se cause, commit the person brought before him, to the a hey guol, until the next quarter sessions,' there to bed

as by this act is after directed.+ s. 10. And by 24 Geo. 3, sess. 2. c. 47, s. 15, and 34 Geo. 3 3? 3. 3. if any officer of the navy, or in the service of 220ms or excise,' being on shore, I or going on board, Buy on board, or returning from on board, any ship, boat Tevel, within the limits of any port, or within four les from the coast, or within the distance herein after particu mentioned, shall be hindered, opposed, obstructed, or 38 e, in the execution of his duty, by any person whatson

See also 19 Geo. 2. c. 34. s. 1, and 24 Geo. 3. sess. 2. c. 47. infra, whereby it is made felony without benefit of clergy to any officer attempting to go on board any vessel, or to shoot wound him when on board.

+ For the punishment to be inflicted on offenders committel this clause see the sections 11, 12, 13, 14, 15, 16, 17, in p.

And for the power of a judge of the Court of King's Bench to * special warrant for the apprehending of such offenders, sce (IS8.

The words on shore mean being on land, and if any officer of seize any exciseable commodity such as soap or the like, in execution of his office at any inland place, and at any distance fr sea, he is within the scope and protection of the act. The K. v. Vic. Ter. 38 Geo. 3, i Bos. & Pul. 187.

l'iz, within a supposed straight line from Walney Island in shirt to Greal Ormshead in Denbighshire.--Within a supposed strais from Burdsu Island in Carnarvonshire to Strumble Head in Pre shirt, -Within a supposed straight line from the Lizard in Coru the Prall in Devonshire.---Within a supposed straight line from to the Bill of Portland in Dorsetshire.-Within a supposed fiue from Cromer in Norfolk to the Spurn Head in Yorkshirein a supposed straight line from Flamborough Head in Verk the Sapies in Northumberland-Within a supposed straight line the wall of Galloway in Scotland to the point of syre in the khác, ${ Gee. 3. 4. 50, 8.8.


ether in the day or night; or if any person acting in the aid or assistance of such oslicers, shall be so bindered, opposed, obstructed, or assaulted, all persons so hindering, opposing, ob. structing, or assaulting them, and all such as shall act in their aid and assistance, shall be carried before one justice near where the offence shall be committed; who, if he see cause, may commit such person to the next couty gaol,' there to re. main until the next court of oyer and terminer, great ses. signs, or gaol delivery, or until such person shall be delivered by due course of law; and in case ao indictment shall be fulnd against him, he shall plead thereto, withont hav. ing time to traverse the same, as usual in misdemeanors ; and being convicted, shall, by order of the Court, be sentenced to hard labour on the Thames, or other navigable river, for not licet ding three years, as persons convicted of grand larceny ; or such Court may order such offender to be committed to the common gaol for not exceeding three years.

But if it shall appear that the offence fall within the provi. ions of 19 Geo. S, c. 69, the justice, instead of proceed. ng against the offender as above, may commit him to the county gaol until the next quarter Sessions, to be tried and punished as by that act is directed. 24 Geo. 3. sess. 2. c. 47. 1. 16,

And when any person shall, by virtue of this act, be taken be. ore one justice for any ofience deemed a misdemeinor, such person shall not be admitted to bail, unless he enter into a re

ognizance with two sureties, himself in 2001. and the sureties u 100l. each, to appear at the then next ensuing court of pyer and terminer, general gaol delivery, or great sessions, ind plead to any indictment, which may be found at such court for such misdemeanor; and such recognizance shall be transmited to the clerk of assize, or other officer.

s. 19. And by 9 Geo. 2. c. 25, if any person passing with prohibit- Oficers may ed or uncustomed goods, and armed with offensive weapons, oppose force shall hinder any officers of the customs or excise, who in exe- by force ; cution of his duty shall offer to search or seize any prohibited ar uncustomed goods from any persons passing with such gods and armed as aforesaid, by beating the officers or other persons acting in their assistance ; it shall be lawful for all oficers of bis majesty's customs or excise, and all persons by then called to their assistance, who are so resisted, to oppose force to force, and by the same methods that are violently used against them, and by which their lives are endangered, to defend themselves and execute the duty of their office; and if any person so resisting the officers shall be wounded or killed, and the officers and their assistants shall be prosecuted, such officers, and persons acting in their assistance, may plead the general issue; and all justices of peace, before whom such oficers and other persons acting in their assistance may be brought, on account of such wounding or killing, are required to admit such persons to bail. $.35,

or broj

and fire into Also by 24 Geo. 3. sess. 2. c. 47, in case any ship or reszel

, vessels not

liable to seizure or examination, shall not bring to, on being bringing to.

required, or being chased by any cutter or vessel in the service
of the navy, having the proper pendant and ensiga of his ma
jesty's ships hoisted, or in the service of the customs or exeise
such cutter or revenue vessel, having a peudant and ensis
hoisted, with such marks thereon as are now used by vessels i
the service of those revenues, on a blue field (and which pe
dant is not to be carried by any British vessel pot in such
vices, under a penalty of 5001. on the master, s. 24.) it
be lawful for the captain of such vessel, in the nary, custof
or excise, to shoot at, or into, such' vessel which shall
bring to after such colours shall be hoisted, and a gun fire
a signal; and the officer, and every person acting in his
or by his directions, shall be indemnified; and in case
person shall be wounded or killed by such firing, and the
cer or persons acting in his aid shall be prosecuted,

before any justice for the same, such justice' is to admit to bail.

$. 23. Officers and And when any officer or seaman employed in the servi sea men wound the customs and excise shall be killed or wounded, the edito be pro- missioners may make provision for those who are ma

or for the widows and families of such as may be killed

cording to the warrant of the treasury. $. 21. And officers re

And the commissioners of customs may reward such prelending of of the navy, customs, or excise, or peace officer, who sha fenders, rest offenders against this act, out of his majesty's share

s. 22. More than five

By 8 Geo. 1. c. 18, all persons who shall be found persons found passing with • knowingly with foreign goods landed from any ship, any uncustomed due entry and payment of duties, in their custody, frog goods knowing- 6 of the coasts, or within twenty miles of the coasts, and dy, or armed, be more than five in company, or shall carry offensive or disguised

or wear any disguise when passing with such goods, miles of the forcibly resist any officer of the customs or excise in the coast, transpor- ( ing of run goods,' shall be deemed runners of foreign tation.

and being convicted, shall be adjudged guilty of felony, transported for seven years. And if such offenders before the expiration of the seven years, they shall hari cution awarded as persons attainted of felony, without bei clergy. s. 6.

But if any runner of foreign goods shall, within two i after his offence, and before conviction, discover two plices to the commissioners of the customs or excise, so a be convicted, he shall receive 401, from the commissione every offender convicted, so as the value of the goods reo

warded for ap



within twenty

See 19 Geo. 2. C. 34, infra, whereby the offence of Fres disguise is made felony without benefit of clergy,

for the king's use exceed 501. and he shall be acquitted of his olence. 3. 7. 9.

And if any other person shall, within three months, discover any person guilty of such offence, he shall have the like re. ward of 401. for every offender, over any other, on account of the goods recovered ; so as the value of the goods recovered exceed 501. S. 8, 9.

Also by 9 Geo. 2. c. 35, all persons who to the number of Or tro persons two in company shall be found passing within five miles from armed, or ilise the sea coasts, or any navigable river, with horse or carriage guised, passing whereon shall be laden more than six pounds of tea, or brandy of the coast with

within fire miles exceeding five gallons, not having paid the duties, and not iertain quanti. 'having a permit, or any other foreign goods above the value ties of tea, spiof 301. landed without due entry and payment of duties, and rits, or goods, shall carry offensive arms, or wear any disguise when passing

transportation. with such goods,* or shall forcibly resist any officers of the customs or excise in the execution of their office, shall be deemed runners of foreign goods within the said act of 8 Geo.l. f. 18, although no proof shall be made that such goods were run, or had not been entered and paid duty ; but the proof of such entry and payment, and how they came by the goods, shal lie on such persons; and every person convicted of any such offence shall be guilty of felony, and transported for sevea years. $, 13.

And all goods so found, weapons, horses, cattle, carriages and their furniture, chests, bags, casks, and other packages, shall be forfeited. s. 14.

And if any officer of customs or excise shall lose any limb, or be otherwise naimed, or dangerously wounded, by any ollen. ders last mentioned, in the execution of his office, or in the apprehending such offenders, such persons wounded shall, upon the conviction of such olenders, have 501. over any other re. ward; and if any person be killed in apprehending such offen. ders, the executors or administrators (upon certificate of the justice of assize or the two nest justice of peace) shall have 501. orer any other reward.

And if any person shall, within three months after the of. fences last mentioned have been committed, discover to the commissioners of custopis or excise any person guilty of such offence, so as such offender be convicted, such discoverer, shall have 501. for every offender so convicted, over any other reward,

$. 16. And the commissioners of customs and exeise respectively shall cause the rewards to be paid by their receiver general, upon producing a certificate of the judge, certifying their con. viction, or upon producing such certificate of such persons 'being killed;' and if any dispute arise between the persons

8. 15.

* See the said act, 19 Geo, 2. c. 34.

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