ised to seize the same, or before or after the seizure shall stave, break, or destroy, or endeavour to stave, break, or destroy any goods, to prevent the seizure or the securing thereof by such officer or other person; or shall rescue any person apprehended for any offence punishable by fine or imprisonment under the Customs Acts, or prevent or attempt to prevent his apprehension; or shall assault or obstruct any officer of the army, navy, marines, coastguard, customs, or other person duly employed for the prevention of smuggling, in the execution of his duty, or in the seizing of any goods liable to forfeiture under the Customs Acts, or shall aid, abet, or assist in committing any of the foregoing offences, shall for each such offence forfeit a penalty of one hundred pounds.'

By the Customs Act, 1879 (41 & 42 Vict. c. 21, s. 10), 'All persons to the number of three or more who shall assemble for the purpose of unshipping, landing, running, carrying, concealing, or having so assembled shall unship, land, run, carry, convey, or conceal any spirits, tobacco, or any prohibited, restricted, or uncustomed goods, shall each forfeit a penalty not exceeding 500l. nor less than 100%.'

By 39 & 40 Vict. c. 36, s. 189, 'every person who shall by any means procure or hire, or shall depute or authorise any other person to procure or hire, any person or persons to assemble for the purpose of being concerned in the landing or unshipping, or carrying, conveying, or concealing any goods which are prohibited to be imported, or the duties for which have not been paid or secured, shall be imprisoned for any term not exceeding twelve months, and if any person engaged in the commission of any of the above offences be armed with fire-arms or other offensive weapons, or whether so armed or not be disguised in any way, or be so armed or disguised, shall be found. with any goods liable to forfeiture under the Customs Acts, within five miles of the seacoast or of any tidal river, shall be imprisoned with or without hard labour for any term not exceeding three years.' (c)

Sec. 190. No person shall after sunset or before sunrise, between the twenty-first day of September, and the first day of April, or after the hour of eight in the evening, and before the hour of six in the morning, at any other time of the year, make, aid, or assist in making, any signal in or on board or from any ship or boat, or on or from any part of the coast or shore of the United Kingdom, or within six miles of any part of such coast or shore, for the purpose of giving notice to any person on board any smuggling ship or boat, whether any person so on board of such ship or boat be or not within distance to notice any such signal; and if any person, contrary to the Customs Acts, shall make or cause to be made, or aid or assist in making any such signal, he shall be guilty of a misdemeanor, and may be stopped, arrested, detained, and conveyed before any justice, who, if he see cause, shall commit the offender to the next county gaol, there to remain until delivered by due course of

(c) The intention of these two sections probably is that three or more persons assembling are to be liable to a penalty, and persons procuring them to assemble are to be liable to twelve months imprisonment;

but if persons assemble armed, or procure others to assemble armed, they are to be liable to three years' imprisonment. The sections are difficult to construe. See Stephen's Digest, p. 52.

law; and it shall not be necessary to prove on any indictment or information in such case that any ship or boat was actually on the coast; and the offender being duly convicted, shall, by order of the Court before whom he shall be convicted, either forfeit the penalty of one hundred pounds, or at the discretion of such Court, be committed to a gaol or house of correction, there to be kept to hard labour for any term not exceeding one year.' (d)

Where an indictment upon the 6 Geo. 4, c. 108, s. 52, which was similar to sec. 190 of the present Act, stated that the defendants between sunset on the 8th and sunrise on the 9th of March, that is to say, on the morning of the said 9th of March about three o'clock, did make certain lights, &c.; it was proved that the lights were made on the morning of the 9th, and it was objected that the indictment did not state the offence to have been committed between the 21st of September and the 1st of April, and that the allegation that the offence was committed on the 9th of March was not sufficient, because the prosecutor was not bound to the day laid, but might prove the offence to have taken place on any other day; that the time was of the essence of the offence, and therefore it ought to have formed a distinct and substantive averment in the words of the Act; but it was held that the day having been proved as laid, the objection could only properly be made in arrest of judgment, and even then it was no valid objection; for judicial notice must be taken that the day averred in the indictment is, in fact, within the period mentioned in the statute, and therefore the indictment was good. (e)

Sec. 191. If any person be charged with having made or caused to be made, or for aiding or assisting in making, any such signal as aforesaid, the burden of proof that such signal so charged as having been made with intent and for the purpose of giving such notice as aforesaid was not made with such intent and for such purpose, shall be upon the defendant against whom such charge is made.'

Sec. 192. Any person whatsoever may prevent any signal being made as aforesaid, and may go upon any lands for that purpose, without being liable to any indictment, suit, or action for the same.'

Sec. 193. If any person shall maliciously shoot at any vessel or boat belonging to Her Majesty's navy, or in the service of the revenue, or shall maliciously shoot at, maim, or wound any officer of the army, navy, marines, or coastguard, being duly employed in the prevention of smuggling, and on full pay, or any officer of customs or excise, or any person acting in his aid or assistance, or duly employed for the prevention of smuggling, in the execution of his office or duty,

(d) Two persons were separately convicted of unshipping goods against the 3 & 4 Will. 4, c. 53, s. 44, by which every person concerned in the unshipping of goods, the duties of which have not been paid, shall forfeit either the treble value thereof, or be liable to a penalty of £100, and it was held that each was liable to the penalties imposed by the clause. R. v. Dean, 12 M. & W. 39; and per Alderson, B., 'We must look at the statute to see whether

it was intended that every person offending should be punished, or merely that every offence should be punished. The question is whether an offence that is committed by several persons is to be visited by one penalty, or each person is to be visited by a penalty.'

(e) R. v. Brown, Moo. & M. 163, Littledale, J., after consulting Gaselee, J., see Martin's case, ante, p. 241.

every person so offending, and every person aiding, abetting, or assisting therein, shall, upon conviction, be adjudged guilty of felony, and shall be liable, at the discretion of the Court, to penal servitude for any term not less than five years, (f) or to be imprisoned for any term not exceeding three years.'

Sec. 198. Where any person, being part of the crew of any ship in Her Majesty's employment or service, shall have been detained under the Customs Acts, such person, upon notice thereof to the commanding officer of the ship, shall be placed in security by such commanding officer on board such ship or vessel, until required to be brought before a justice to be dealt with according to law, for which purpose such commanding officer shall deliver him to the detaining officer.'

Sec. 199. If any person liable to be detained under the Customs Acts shall not be detained at the time of committing the offence, or being detained, shall escape, he may afterwards be detained at any place in the United Kingdom within three years from the time such offence was committed, and if detained, may be taken before any justice to be dealt with as if he had been detained at the time of committing such offence, or if not so detained, may be proceeded against by information and summons.'

Sec. 200. If any person, not being an officer of the navy, customs, or excise, shall intermeddle with or take up any spirits being in casks of less content than twenty gallons found floating upon or sunk in the sea, such spirits shall be forfeited, together with any vessel or boat in which they may be found; but if any person shall give information to any such officer so that seizure of such spirits may be made, he shall be entitled to such reward as the Commissioners of Customs may direct.'

Sec. 201. If any person shall offer for sale any goods under pretence that the same are prohibited, or have been unshipped and run ashore without payment of duties, all such goods (although not liable to any duties or prohibited) shall be forfeited, and every person so offering the same for sale shall forfeit treble the value of such goods.'

Sec. 202. All ships, boats, carriages, or other conveyances, together with all horses and other animals and things made use of in the importation, landing, removal, or conveyance of any uncustomed, prohibited, restricted, or other goods liable to forfeiture under the Customs Acts, shall be forfeited, and all ships, boats, goods, carriages, or other conveyances, together with all horses and other animals and things liable to forfeiture, and all persons liable to be detained for any offence under the Customs Acts, or any other Act whereby officers of customs are authorized to seize or detain persons, goods, or other things, shall or may be seized or detained in any place either upon land or water by any of the following persons, being duly employed for the prevention of smuggling; that is to say, any officer of Her Majesty's army, navy, marines, coastguard, customs, or excise, or by any person having authority from the Commissioners of Customs or Inland Revenue to seize, or by any constable or police officer of any county, city, or borough in the United Kingdom so employed with the sanction of the magistrates having jurisdiction therein, or under or by virtue of any Act in relation thereto, and all ships, boats, goods, car

(f) Now 3 years.

riages, or other conveyances, together with all horses and other animals and things so seized, shall forthwith be delivered into the care of the collector or other proper officer of customs at the nearest custom-house; and the forfeiture of any ship, boat, carriage, animal, or other things shall be deemed to include the tackle, apparel, and furniture thereof, and the forfeiture of any goods shall be deemed to include the package in which the same are found, and all the contents thereof.'

6

Sec. 203. Any officer of customs, excise, coastguard, constabulary police, or other person duly employed for the prevention of smuggling may, upon reasonable suspicion, stop and examine any cart, waggon, or other conveyance to ascertain whether any smuggled goods are contained therein; and if none shall be found, the officer or other person shall not, on account of such stoppage and examination, be liable to any prosecution or action at law on account thereof; and any person driving or conducting such cart, waggon, or other conveyance, refusing to stop or allow any such examination when required in the Queen's name, shall forfeit not less than twenty nor more than one hundred pounds.'

Sec. 204. All writs of assistance issued from the Court of Exchequer or other proper court, shall continue in force during the reign. for which they were granted, and for six months afterwards, and any officer of customs, or person acting under the direction of the Commissioners of Customs, having such writ of assistance or any warrant issued by a justice of the peace, may, in the daytime, enter into and search (g) any house, shop, cellar, warehouse, room, or other place, and in case of resistance break open doors, chests, trunks, and other packages, and seize and bring away any uncustomed or prohibited goods, and put and secure the same in the Queen's warehouse, and may take with him any constable or police officer, who may act as well without as within the limits of the place for which he shall have been sworn or appointed.'

Sec. 205. If any officer of customs shall have reasonable cause to suspect that any uncustomed or prohibited goods are harboured, kept, or concealed in any house or other place either in the United Kingdom or the Channel Islands, and it shall be made to appear by information on oath before any justice of the peace in the United Kingdom or the Channel Islands, it shall be lawful for such justice, by special warrant under his hand, to authorize such officer to enter and search such house or other place, and to seize and carry away any such uncustomed or prohibited goods as may be found therein; and it shall be lawful for such officer, and he is hereby authorized, in case of resistance, to break open any door, and to force and remove any other impediment or obstruction to such entry, search, or seizure as aforesaid; and such officer may, if he see fit, avail himself of the service of any constable or police officer to aid and assist in the execution of such warrant, and any constable or other police officer is hereby required when so called upon, to aid and assist accordingly.'

(g) The power to search was introduced in consequence of R. v. Watts, 1 B. & Ad. 166, where it was doubted whether that power existed under the 6 Geo. 4, c. 108,

s. 40, and where it was also doubted whether the ordinary writ of assistance was not too general.

Sec. 206. If any such goods liable to duties of customs, or prohibited to be imported, or in any way restricted, shall be stopped or taken by any police officer on suspicion that the same had been feloniously stolen, he may carry the same to the police office to which the offender if detained is taken, there to remain until, and in order to be produced at the trial of such offender, and in such case the officer is required to give notice in writing to the Commissioners of Customs of such stoppage or detention, with the particulars of the goods; but immediately after such stoppage, if the offender be not detained, or if detained immediately after the trial of such offender, such officer shall convey to and deposit the goods in the nearest customs warehouse, to be proceeded against according to law; and if any police officer so detaining any such goods shall neglect to convey the same to such warehouse, or to give the notice herein before prescribed, he shall forfeit a sum not exceeding twenty pounds.'

Sec. 207. Whenever any seizure shall be made, unless in the possession or in the presence of the offender, master, or owner, as forfeited under the Customs Acts or under any Act by which customs officers are empowered to make seizures, the seizing officer shall give notice in writing of such seizure and of the grounds thereof to the master or owner of the things seized, if known, either by delivering the same to him personally or by letter addressed to him and transmitted by post to or delivered at his last known place of abode or business, if known; and all seizures made under the Customs Acts, or under any Act by which customs officers are empowered to make seizures, shall be deemed and taken to be condemned, and may be sold or otherwise disposed of in such manner as the Commissioners of Customs may direct, unless the person from whom such seizure shall have been made, or the master or owner thereof, or some person authorized by him, shall, within one calendar month from the day of seizure, give notice in writing, if in London, to the person seizing the same, or to the secretary or solicitor for the customs, and if elsewhere, to the person seizing the same, or to the collector or other chief officer of customs at the nearest port, that he claims the things so seized or intends to claim them, whereupon proceedings shall be taken for the forfeiture or condemnation thereof either by information filed in the Exchequer Division of the High Court of Justice in England on the Revenue side, or exhibited before any justice of the peace; but if any things so seized shall be of a perishable nature, or consist of horses or other animals, the same may by direction of the Commissioners of Customs be sold, and the proceeds thereof retained to abide the result of any claim that may legally be made in respect thereof.'

Sec. 208. All seizures whatsoever which shall have been made and condemned under the Customs Acts or any other Act by which seizures are authorized to be made by officers of customs shall be disposed of in such manner as the Commissioners of Customs may direct.'

Sec. 209. When any seizure shall have been made, or any fine or penalty incurred or inflicted, or any person committed to prison for any offence under the Customs Acts, the Commissioners of the Treasury or Customs may direct the restoration of such seizure, whether condemnation shall have taken place or not, or waive pro