not merely in the same situation that common dealers in other commodities are, and liable under the same circumstances that they are, so that if an order be sent to them to be executed they are presumed to undertake to supply a good and merchantable article; but they are also liable to punishment for selling corrupt victuals by virtue of an ancient statute, (q) certainly if they do so knowingly, and probably if they do not.' (r)

If a person publicly exposes or causes to be exposed for sale in a market meat unfit for human food as and for meat that is fit for human food, knowing it not to be so, he is indictable at common law. (s) But a person is not indictable at common law for sending meat unfit for human food to a salesman in a market, unless he intend it to be sold for human food. (t) In a recent case the prisoner was indicted (u) under sec. 47 of the Public Health Act (London), 1891 (v), which provides for the summary punishment of persons in whose possession articles intended for the food of man, but unsound, unwholesome, or unfit for the food of man, are found. It was proved that the prisoner was a wholesale fruit dealer, and received for sale a large consignment of foreign nuts, a large proportion of which proved to be bad. He, without examining their condition, sold a quantity of them to retail dealers, who were, however, warned by him to examine the nuts, and destroy such (if any) as were bad, before offering them for sale to the public. It was held that he could not be convicted, since it was not shown that he intended to sell the bad nuts for human food. (w)

It is an indictable offence at common law to bring a horse infected with the glanders into a public place to the danger of infecting the people there and an indictment, which alleges that the defendant knew that a horse was infected with a contagious and infectious disease called the glanders, and that he brought it into a public place among divers subjects of the Queen to the great danger of infecting the said subjects with the said disease, is sufficient, after verdict, without alleging that the defendant knew that the disease was communicable

to man. (x)

Where an indictment alleged that the defendant mixed a large quantity of cantharides with rum, and gave the mixture to a woman with intent that she should drink it, and with intent thereby to injure her health, and that the woman, not knowing the cantharides to have been mixed with the rum, drank the mixture, whereby she became ill for a long space of time, and the facts corresponded with

Vict. c.

(q) 51 H. 3, st. 6, repealed by the 7 & 8 'the punishment of a butcher selling un24, which also repeals an Act for wholesome flesh.' vol. 1, either of H. 3, E. 1, or E. 2.

Ruffheads' St. p. 187,

(r) Per Parke, B., delivering the judg ment of the Court in Burnby v Bollett, 16 M. & W. 644, and see 4 Inst. 261.

(u) The prisoner claimed to be tried by a jury under the provisions of 42 & 43 Vic. c. 49, s. 17, the punishment being six months imprisonment. See ante, p. 206.

(v) 54 & 55 Vic. c. 76. The judgments turned chiefly on the language of the section, which is not here set out, as it relates to summary proceedings.

(w) R. v. Dennis, 10 Times L. R. 498

r. Jarvis, 3 F. & F. 108. Shillito v. Thomp. (per Hawkins, Cave, Grantham, Charles, (s) R. v. Stevenson, 3 F. & F. 106. R.

son, 1 Q. B. D. 12.

As to summary convic

Vaughan-Williams, Lawrance, Wright, Col

tion for this offence, see 26 & 27 Vict. c. 117, lins, Bruce, and Kennedy, JJ.'; Mathew, J.,

&2; 38 & 39 Vict. c. 55, ss. 116, 117.

(*)

dissenting).

(x) R. v. Henson, Dears. C. C. 24.

the statements in the indictment, Williams, J., after consulting Cresswell, J., held that the offence charged was not a misdemeanor at common law. (y)

It is an indictable offence to convey the refuse of gas into a great public river, and thereby to render the water corrupt, insalubrious, and unfit for the use of man, and the directors of a gas company are responsible for the acts done by their superintendent and engineer under a general authority to manage the works, though they are personally ignorant of the plan adopted, and though such plan be a departure from the original and understood method, which the directors had no reason to suppose was discontinued: for if persons for their own advantage employ servants to conduct works, they are answerable for what is done by those servants. (~)

(y) R. v. Hanson, 2 C. & K. 912; 4 Cox, C. C. 238. See the 24 & 25 Vict. c. 100, ss. 23, 24, which clearly provide for such cases as the preceding, and R. v. Walkden, 1 Cox, C. C. 282. As to husband infecting

his wife with gonorrhoea, see R. v. Clarence, 22 Q. B. D. 23.

(z) R. v. Medley, 6 C. & P. 292. Lord Denman, C. J.

CHAPTER THE TENTH.

OF OFFENCES AGAINST THE REVENUE LAWS RELATING TO THE CUSTOMS OR EXCISE.

AMONGST the offences against the revenue laws, that of smuggling is one of the principal. It consists in bringing on shore, or in carrying from the shore, goods, wares, or merchandise, for which the duty has not been paid, or goods of which the importation or exportation is prohibited: an offence productive of various mischiefs to society. (a) In order to prevent the commission of offences of this kind, many statutes were passed from time to time, which, in addition to the proceedings at common law for assaulting and obstructing revenue officers when acting in the execution of their duties, (b) gave to those officers extraordinary powers and protections, and punished persons endeavouring to resist or evade the laws relating to the customs and excise. The 16 and 17 Vict. c. 107, which consolidates the laws relating to the customs, makes various enactments relating to the forfeiture of vessels engaged in illegal traffic, and of uncustomed goods, which do not come within the scope of this treatise. But some of the enactments relating to the right to proceed to extremities, when necessary, for the purpose of seizing vessels liable to seizure, and the right to search for and seize goods liable to forfeiture, may properly be here mentioned. And the offence of making signals to smuggling vessels at sea, and the several offences declared to be felonies by this statute, require to be particularly noticed.

By the 39 & 40 Vict. c. 36, s. 168,' If any person shall in any matter relating to the Customs or under the control or management of the Commissioners of Customs, make or subscribe, or cause to be made or subscribed, any false declaration, or make or sign any declaration, certificate, or other instrument required to be verified by signature only, the same being false in any particular, or if any person shall make or sign any declaration made for the consideration of the Commissioners of Customs on any application presented to them, the same being untrue in any particular, or if any person required by this or any other Act relating to the Customs to answer questions put to him by the officers of Customs shall not truly answer such questions, or if any person shall

(a) 1 Hawk. P. C. c. 48, s. 1. 4 Blac. Com. 155. Bac. Abr. Smuggling.

(b) See many precedents for misdemeanors at common law, in assaulting and obstructing officers of excise and customs, acting in the due execution of their offices;

4 Wentw. 385, et seq. 2 Chitt. Crim. Law, 127, et seq. And see Brady's case, 1 Bos. & Pul. 188, where it was admitted that the offence charged in the indictment was an offence indictable at common law.

counterfeit, falsify, or wilfully use when counterfeited or falsified, any document required by this or any Act relating to the Customs, or by or under the directions of the Commissioners of Customs, or any instrument used in the transaction of any business or matter relating to the Customs, or shall alter any document or instrument after the same has been officially issued; or counterfeit the seal, signature, initials, or other mark of or used by any officer of the Customs for the verification of any such document or instrument, or for the security of goods, or any other purpose in the conduct of business relating to the Customs, or under the control or management of the Commissioners of Customs or their officers, every person so offending shall for every such offence forfeit the penalty of one hundred pounds.'

By sec. 181, If any ship or boat liable to seizure or examination under the Customs Act shall not bring to when required so to do, the master of such ship or boat shall forfeit the sum of £20, and on being chased by any vessel or boat in Her Majesty's navy having the proper pendant and ensign of Her Majesty's ships hoisted, or by any vessel or boat duly employed for the prevention of smuggling, having a proper pendant and ensign hoisted, it shall be lawful for the captain, master, or other person having the charge or command of such vessel or boat in Her Majesty's navy, or employed as aforesaid (first causing a gun to be fired as a signal), to fire at or into such ship or boat, and such captain, master, or other person acting in his aid or by his direction, shall be and is hereby indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing.'

Sec. 182. Any officer of Customs, or other person duly employed for the prevention of smuggling may go on board any ship or boat which shall be within the limits of any port of the United Kingdom, or the Channel Islands, and rummage and search the cabin and all other parts of such ship or boat for prohibited or uncustomed goods, and remain on board such ship or boat so long as she shall continue within the limits of such port.'

Sec. 184. Any officer of Customs or other persons duly employed for the prevention of smuggling may search any person on board any ship or boat within the limits of any port in the United Kingdom or the Channel Islands, or any person who shall have landed from any ship or boat, provided such officer or other person duly employed as aforesaid shall have good reason to suppose that such person is carrying or has any uncustomed or prohibited goods about his person; and if any person shall rescue, destroy, or attempt to destroy any goods to prevent seizure, or obstruct any such officer or other person duly employed as aforesaid in going, remaining, or returning from on board, or in searching such ship, or boat, or person, or otherwise in the execution of his duty, every such person shall forfeit a sum not exceeding one hundred pounds.'

Sec. 185. Before any person shall be searched he may require to be taken with all reasonable despatch before a justice, or before the collector or other superior officer of Customs, who shall, if he see no reasonable cause for search, discharge such person; but if otherwise, direct that he be searched, and if a female she shall not be searched by any other than a female; but if any officer shall without reasonable ground cause any person to be searched, such officer shall forfeit

and pay a sum not exceeding ten pounds. If any passenger or other person on board any such ship, or boat, or who may have landed from any such ship, or boat, shall, upon being questioned by any officer of Customs or other person duly employed for the prevention of smuggling, whether he has any foreign goods upon his person or in his possession or in his baggage, deny the same, and any such goods shall after such denial be discovered to be or to have been upon his person or in his possession or in his baggage, such goods shall be forfeited, and such person shall forfeit one hundred pounds, or treble the value of such goods, at the election of the Commissioners of Customs.'

Sec. 186. Every person who shall import, or bring, or be concerned in importing or bringing into the United Kingdom, any prohibited goods, or any goods the importation of which is restricted, contrary to such prohibition or restriction, whether the same be unshipped or not; or shall unship, or assist, or be otherwise concerned in the unshipping of any goods which are prohibited, or of any goods which are restricted and imported contrary to such restriction, or of any goods liable to duty, the duties for which have not been paid or secured; or shall deliver, remove, or withdraw from any ship, quay, wharf, or other place previous to the examination thereof by the proper officer of Customs, unless under the care or authority of such officer, any goods imported into the United Kingdom, or any goods entered to be warehoused after the landing. thereof, so that no sufficient account is taken thereof by the proper officer, or so that the same are not duly warehoused; or shall carry into the warehouse any goods entered to be warehoused or to be rewarehoused, except with the authority or under the care of the proper officer of Customs, and in such manner, by such person, within such time, and by such roads or ways as such officer shall direct; or shall assist, or be otherwise concerned in the illegal removal or withdrawal of any goods from any warehouse or place of security in which they shall have been deposited; or shall knowingly harbour, keep, or conceal, or knowingly permit or suffer, or cause or procure to be harboured, kept, or concealed, any prohibited, restricted, or uncustomed goods, or any goods which shall have been illegally removed without payment of duty from any warehouse or place of security in which they may have been deposited; or shall knowingly acquire possession of any such goods; or shall be in any way knowingly concerned in carrying, removing, depositing, concealing, or in any manner dealing with any such goods with intent to defraud Her Majesty of any duties due thereon, or to evade any prohibition or restriction of or applicable to such goods; or shall be in any way knowingly concerned in any fraudulent evasion or attempt at evasion of any duties of Customs, or of the law and restrictions of the Customs relating to the importation, unshipping, landing, and delivery of goods, or otherwise contrary to the Customs Acts; shall for each such offence forfeit either treble the value of the goods, including the duty payable thereon, or one hundred pounds, at the election of the Commissioners of Customs; and the offender may either be detained or proceeded against by

summons.'

Sec. 187. Every person who shall rescue, or endeavour to rescue, any goods seized by any officer of Customs or other person author