IV. The CORPORAL punishments to which per sons guilty of smuggling, or of such practices as have a direct tendency thereto, are liable.

cers of customs

ment.

By 13 & 14 Car. 2. c. 11, if any officers of the customs shall Forcibly ob be, by any person armed with club or any manner of weapon, structing offiforcibly 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 ses sions shall punish the offender' by fine, not exceeding 100l. 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. 3.6.

portation.

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 convict 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 401. for every offender so discovered, and shall be acquitted of his offence. s. 36.

And if any other person shall within three months after such offence discover to the commissioners any person guilty, so as such offender be convicted, such discoverer shall receive the like reward of 401. for every offender, over and above any other reward on account of the goods which shall be recovered by means of such discovery, or on account of the penalty which shall be recovered for the running the goods. s. 37.

And the commissioners of the customs shall cause the said rewards of 40l. to be paid by the receiver general of the customs out of any public money in his hands under the management 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 his accounts.

s. 38.

A.so by J Gen. 2. c. 35, it is in general provided, that if an office of the castoms or excise, being on board any ship, b ferably and ad, wounded *, or beaten in execution of h o:fic», « der by day or night; the offender shall be transporte

A su 24 19 Geo. 3. c. 69, if any person whatsoever sha paint, resist, oppose, molest, obstruet or hinder, any of at mi er excise in seizing or securing any coffee, te qucza-tits, chocolate, foreign brandy, or other foreign sp gaurs, or any other goods whatsoever, liable to be se a ay act now in force; or shall by force rescue, or ca my be rescaed, any of the said goods, after seized, or shall Lumet so to do; or, after such seizure, shall cut, stave, brea de 2012rwise destroy or damage any casks, vessels, boxes,

s. 10.

12, wherein the same shall be contained; the office 2 persons acting in their aid, may stop the person etending, and him carry before one justice; and the justice she abe see cause, commit the person brought before him, to the b unty gaol, until the next quarter sessions,' there to be d as by this act is after directed.+ And by 24 Geo. 3, sess. 2. c. 47, s. 15, and 34 Geo. S 30. s. 5. if any officer of the navy, or in the service of castoms or excise,' being on shore, or going on board, Bog on board, or returning from on board, any ship, boat vessel, within the limits of any port, or within four lea from the coast, or within the distance hereinafter particul entioned,§ shall be hindered, opposed, obstructed, or ass ed, in the execution of his duty, by any person whatso

See also 19 Geo. 2. c. 34. s. 1, and 24 Geo. 3. sess. 2. c. 47.1 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 committed this clause see the sections 11, 12, 13, 14, 15, 16, 17, in p. 568.in And for the power of a judge of the Court of King's Bench to a special warrant for the apprehending of such offenders, se CISE.

The words on shore mean being on land, and if any officer 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. Mic. Ter. 98 Geo. 3, 1 Bos. & Pul. 187.

iz. within a supposed straight line from Walney Island in shire to Great Ormshead in Denbighshire.--Within a supposed straig from Burdsay Island in Carnarvonshire to Strumble Head in Per shire-Within a supposed straight line from the Lizard in Coru the Prall in Devonshire. Within a supposed straight line from thi to the Bill of Portland in Dorsetshire-Within a supposed st line from Cromer in Norfolk to the Spurn Head in Yorkshire→ an a supposed straight line from Flamborough Head in Yerks the Stapies in Northumberland-Within a supposed straight line the Mull of Galloway in Scotland to the point of Agre in the L'as. $4 Geo. 3. c. 50. s.8.

either in the day or night; or if any person acting in the aid or assistance of such officers, shall be so hindered, 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 county gaol,' there to remain until the next court of oyer and terminer, great ses. sions, or gaol delivery, or until such person shall be delivered by due course of law; and in case an indictment shall be found against him, he shall plead thereto, without 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 exceeding 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 proviions of 19 Geo. 3, c. 69, the justice, instead of proceedng 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. 416.

And when any person shall, by virtue of this act, be taken beore one justice for any offence deemed a misdemeanor, such person shall not be admitted to bail, unless he enter into a reognizance with two sureties, himself in 2001. and the sureties a 100%. each, to appear at the then next ensuing court of ger 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 transmitJed to the clerk of assize, or other officer.

s. 19.

And by 9 Geo. 2. c. 25, if any person passing with prohibit- Officers 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 or uncustomed goods from any persons passing with such goods and armed as aforesaid, by beating the officers or other persons acting in their assistance; it shall be lawful for all officers of his majesty's customs or excise, and all persons by them 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 officers 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,

and fire into vessels not bringing to.

Officers and

Also by 24 Geo. 3. sess. 2. c. 47, in case any ship or vesse liable to seizure or examination, shall not bring to, on bei required, or being chased by any cutter or vessel in the servi of the navy, having the proper pendant and ensign of his m jesty's ships hoisted, or in the service of the customs or exci such cutter or revenue vessel, having a pendant and ens hoisted, with such marks thercon as are now used by vessels the service of those revenues, on a blue field (and which dant is not to be carried by any British vessel not in such s vices, under a penalty of 500%. on the master, s. 24.) it à be lawful for the captain of such vessel, in the navy, custo 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 t to bail. s. 23.

or bro

And when any officer or seaman employed in the servi seamen wound- the customs and excise shall be killed or wounded, the ed to be pro- missioners may make provision for those who are mai vided for. or for the widows and families of such as may be killed

And officers re

warded for ap

cording to the warrant of the treasury. s. 21.

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

More than five

persons found

or disguised

within twenty miles of the

zures. s. 22.

6

By 8 Geo. 1. c. 18, all persons who shall be found p passing with 'knowingly with foreign goods landed from any ship, w any uncustomed due entry and payment of duties, in their custody, frot goods knowing-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 wear any disguise when passing with such goods,* " forcibly resist any officer of the customs or excise in the coast, transporing of run goods,' shall be deemed runners of foreign | 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 hav cution awarded as persons attainted of felony, without be clergy. 5. 6.

tation.

But if any runner of foreign goods shall, within two 1 after his offence, and before conviction, discover two plices to the commissioners of the customs or excise, so a be convicted, he shall receive 40l. from the commissiont every offender convicted, so as the value of the goods rec

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

for the king's use exceed 50%. and he shall be acquitted of his offence. s. 7.9.

And if any other person shall, within three months, discover any person guilty of such offence, he shall have the like reward of 40%. for every offender, over any other, on account of the goods recovered; so as the value of the goods recovered exceed 50%. s. 8, 9.

transportation.

Also by 9 Geo. 2. c. 35, all persons who to the number of Or two persons two in company shall be found passing within five miles from armed, or is 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 five miles 'exceeding five gallons, not having paid the duties, and not certain quanti. having a permit, or any other foreign goods above the value ties of tea, spi'of 301. landed without due entry and payment of duties, and rits, or goeds, 'shall carry offensive arms,' or wear any disguise when passing 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.1. c. 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, shall lie on such persons; and every person convicted of any such offence shall be guilty of felony, and transported for seven years. s. 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 maimed, or dangerously wounded, by any oflenders last mentioned, in the execution of his office, or in the apprehending such offenders, such persons wounded shall, upon the conviction of such offenders, have 501. over any other re ward; and if any person be killed in apprehending such offenders, the executors or administrators (upon certificate of the justice of assize or the two next justice of peace) shall have 50%. over any other reward. 8. 15.

And if any person shall, within three months after the of fences last mentioned have been committed, discover to the commissioners of customs or excise any person guilty of such offence, so as such offender be convicted, such discoverer shall have 50%. for every offender so convicted, over any other reward, s. 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

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