A Treatise of the Pleas of the Crown

+ Sect. 129. And by 23 Eliz. c. 8. s. 5. "Whoever shall coun"terfeit any of the stamps or marks above-mentioned, or shall use the marks of another, shall forfeit five pounds, to be re"covered and divided as aforesaid, and for non-sufficiency of "payment to be set on the pillory in the next market town, and "suffer three months' imprisonment."

ELEVENTHLY, As to coals.

Sect. 130. By 12 Ann. st. 2. c. 17. "The coal-bushel shall "be made round with a plain and even bottom, nineteen and one half inches in diameter, and to contain one Winchester bushel, " and one quart of water; a brass standard of which bushel shall "be kept in the exchequer."

Sect. 131. By 16 and 17 Car. 2. c. 2. "All sea-coal brought " into the Thames shall be sold by the chaldron, containing thirty"six bushels heaped up, and according to the bushel sealed for "that purpose at Guildhall, and so for a greater and lesser quantity; and all other sorts of coals, sold by weight and not by measure, shall be sold after the proportion of an hundred and "twelve pounds avoirdupois to the hundred weight, upon pain of forfeiture, and of double the value, on conviction by one justice "where the offence shall be committed, half to the prosecutor, " and half to the poor, or to the surveyor of the highways, as the magistrate shall direct.

The coal trade in London and parts adjacent is regulated by the 17 Geo. 3. sess. 2. c. 68. for the particulars of which the reader is refered to Burn's Justice, tit. "Coals."

CHAP. XXX.

OFFENCES AGAINST THE PUBLIC REVENUE.

1. SMUGGLING.

2. Using forged excise paper, fraudulent permits, &c.

3. Transposing stamps on plate.

4. Taking false oaths, when oath required by any act relative

to the duties of excise.

5. Embezzlement of public money by collectors.

1. Smuggling.

543.

+ Smuggling consists in bringing on shore, or in carrying from 4 Comm. 155. the shore, goods, wares, or merchandize, for which the duty has 4 Bac. Ab. 523. not been paid, or of goods of which the importation or exporta- 1 Comm. 317. tion is prohibited. This offence is productive of various mis- Beccar. c. 33. chiefs to society. The public revenue is thereby lessened; the 8 Mod. 5.

Persons passing with foreign

goods landed without entry,

than five, and resisting offi

fair trader is injured, and the nation impoverished; rival and perhaps hostile states are thereby enriched; and the persons guilty thereof being hardened by a course of disobedience to and defiance of law, behave so abandoned and daring as not to hesitate at being guilty of the greatest offences. It is therefore restrained by a great variety of statutes (u), which inflict pecuniary penalties, and seizure of the goods, for clandestine smuggling; and affix the guilt of felony with transportation for seven years, upon more open, daring and avowed practices.

I shall consider,

1. Of the offences of smuggling, and resisting revenue-officers.

2. In what cases smugglers may be required, by proclamation, to surrender themselves.

3. In what county the offence of smuggling may be tried.

As to the FIRST POINT, viz. Of the offences of smuggling, and resisting revenue-officers in the execution of their duty.

+ Sect. 2. By 8 Geo. 1. c. 18. s. 6. "All and every person and persons who shall be found passing (knowingly and willingly) "with any foreign goods or commodities landed from any ship or and being more" vessel, without the due entry and payment of the duties by law "charged thereon, in his, her, or their custody, from any of the "coasts of this kingdom, or within the space of twenty miles of any "of the said coasts, and shall be more than five persons in company, or shall carry any offensive arms or weapons, or wear any vizard, mask, or other disguise, when passing with such goods or "commodities as aforesaid, or shall forcibly hinder or resist any of "the officers of the customs or excise in the seizing or securing

cers, &c. to be transported.

Any justice, on information

upon oath, that three or more

ther, armed, &c. may grant a warrant for

any sorts or kinds of run goods or commodities, shall be deemed " and taken to be runners of foreign goods and commodities within "the meaning of this present act, and (being convicted of or for "any of the said offences, for which he, she, or they so convicted are by this present act declared to be deemed and taken to be runners of foreign goods and commodities) shall be adjudged guilty of felony, and shall, for such his, her, or their offence, be "transported as a felon to some or one of his majesty's colonies " or plantations in America, there to remain for the space of seven years."

Sect. 3. By 9 Geo. 2. c. 35. s. 10. it is recited, "That divers dissolute and disorderly persons frequently appear in great gangs near the sea-coasts and the shores of navigable rivers, and in and persons are as- about the towns and villages adjacent thereto, and in divers other sembled toge- parts of this kingdom, carrying fire-arms or other offensive weapons, to the great terror of his majesty's subjects, and the hindrance of the civil officers, and the officers of the customs and exapprehending cise, in the execution and discharge of their duty, and during their abode there commit great spoil and devastation to the estates thereabouts, in order to be aiding and assisting in the clandestine running, landing, or carrying away prohibited and uncustomed goods, and to rescue the same after seizure from the officers of the

them;

customs

customs or excise, and to watch for proper opportunities for that purpose; and that several officers of the revenue and others their assistants have been wounded, maimed, and some of them murdered in the execution of their office, and great quantities of run goods have been rescued after seizure, and sheriffs and other civil officers have been forcibly hindered from the execution of process:" and therefore enacted, "That upon information to be "given upon oath before any one or more of his majesty's jus"tices of the peace in any county, city, or liberty whatsoever, that any persons to the number of three or more are or have been "assembled for any of the purposes aforesaid, and are or have "been armed with fire-arms or other offensive arms or weapons; "such justice or justices of the peace shall and may grant his or "their warrant to the constables, headboroughs, and other peace"officers whatsoever, or any of them, requiring such officer and "officers respectively, to take to his and their assistance as many "of his majesty's subjects as may be thought necessary for the ap"prehending all and every person and persons against whom such "information shall be given as aforesaid, and such justice or justices of the peace shall and may (if upon due examination he or them to the they find cause) commit all and every or any of the said person county gaol; persons to the next county gaol, there to remain without upon conviction "bail or mainprise until he, she, or they shall be discharged by they shall be "due course of law; and all and every such person and persons, 7 years. "upon due proof of his, her, or their being assembled and armed "as aforesaid, in order to be aiding and assisting in the clandes"tine running, landing, rescuing, or carrying away prohibited or "uncustomed goods, and upon conviction of and for such offence, "shall be adjudged guilty of felony, and shall be transported as a "felon or felons to some or one of his majesty's colonies or plan"tations in America, there to remain for the space of seven years."

and

and commit

transported for

obstructing or

wounding officers on board

Sect. 4. By 9 Geo. 2. c. 35. s. 28. it is recited, "That the Persons forcibly punishment to which such persons as shall forcibly obstruct or hinder any officer of the customs or excise, being on board any ship, boat, or vessel, within the limits of any of the ports of this kingdom, are liable by law, hath proved insufficient:" and therefore it

ships, &c. in the

execution of their offices, to

is enacted, "That if any officer or officers of the customs or ex- be transported. cise, being on board any ship, boat or vessel, within the limits "of any of the ports of this kingdom, be forcibly hindered, op"posed, obstructed, wounded or beaten, in the due execution of "his or their office or duty, by any person or persons whatsoever, "either in the day or night, all and every person and persons so "forcibly hindering, opposing, obstructing, wounding or beating "the said officer or officers in the execution of his or their office, " and all such as shall act in their aid or assistance, being convicted "thereof, shall by order of the court before whom such offender "or offenders shall be convicted, be transported to some of his "majesty's colonies and plantations in America, for such term as "such court shall think fit, not exceeding seven years."

Sect. 5. By 11 Geo. 2. c. 26. s. 2. " for laying a duty upon retailers of spirituous liquors, and for licensing the retailers thereof," it is enacted, "That if any persons, to the number of five or

"more,

Rescuing offenders against the said act, or

assaulting informers felony.

Armed persons to the number of three, assem

or who shall re

of clergy.

more, shall, in a tumultuous and riotous manner, assemble them"selves to rescue any offender or offenders against the said first"mentioned act; or to assault, beat, or wound any person or persons who shall have given, or be about to give, any information "or evidence against, or shall have discovered or given evidence against, or be about to discover or give evidence against, seize, or bring to justice any person or persons offending against the "said first-mentioned act; that then all and every person or persons so assembling themselves, and their aiders and abettors, being thereof lawfully convicted, shall be, and be adjudged to "be, guilty of felony; and every such felon and felons shall be subject and liable to the like pains and penalties as in cases of "felons; and the courts by and before whom he, she, or they "shall be convicted, shall have full power and authority of transporting such felon and felons for the space of seven years."

Sect. 6. By 19 Geo. 2. c. 34. it is recited, "That divers dissolute persons have associated themselves, and entered into bled to assist in confederacies to support one another, and have appeared in great the illegal ex- gangs in several parts of this kingdom, carrying fire-arms, or other porting or runoffensive weapons; and when so assembled, have been aiding and ning of goods, &c. or appear assisting in running, landing, or carrying away prohibited or uning in disguise customed goods, or goods liable to duties of excise, or in the illegal with such goods, relanding of any goods or merchandizes, which have been shipped sist, &c. officers or exported upon debenture or certificate, or in rescuing the same in the execution after seizure, or in obstructing the officers of the revenue in the of their duty, are execution of their office, to the great discouragement of the fair guilty of felony without benefit trader, and the loss of the public revenue: And whereas several officers of the customs and excise, and their assistants, have been wounded, maimed, and some of them killed, when in the execution of their office or otherwise, by the said dissolute persons so associated and assembled as aforesaid, to the great terror of his majesty's peaceable subjects, in defiance of the laws, and to the utter subversion of all civil authority and power whatsoever:" it is therefore enacted, "That if any persons, to the number of three or more, armed with fire-arms or other offensive weapons, shall "be assembled, in order to be aiding and assisting in the illegal exportation of wool or other goods prohibited to be exported, or "the carrying of wool or other such goods, in order to such ex"portation, or in the running, landing, or carrying away pro"hibited or uncustomed goods, or goods liable to pay any duties, " which have not been paid or secured; or in the illegal relanding of any goods whatsoever, which have been shipped or ex"ported upon debenture or certificate; or in rescuing or taking "away the same, after seizure, from any officer or officers of the "customs or excise, or other his majesty's revenue, or other per"son or persons employed by him or them, or assisting him or "them, or from the place where they shall be lodged by him or "them; or in rescuing any person who shall be apprehended for "any of the offences made felony by this or any other act, relating "to the revenues of customs or excise; or in preventing the apprehending any person who shall be guilty of any such offence; 66 or in case any persons to the number of three or more, so armed "as aforesaid, shall be so aiding or assisting; or if any person

"shall

"shall have his face blacked, or wear any vizard, mask, or other disguise, when passing such goods, or shall forcibly hinder, obstruct, assault, oppose, or resist any of the officers of the "customs or excise, or other his majesty's revenue, in the seizing "or securing any such goods; or if any person or persons shall "maim or dangerously wound any officer of the customs or "excise, or any other his majesty's revenue, in his attempting to go on board any ship or vessel, within the limits of any of the ports of this kingdom; or shoot at, maim, or dangerouly wound "him when on board such ship or vessel, and in the due execution "of his office or duty, then every person so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall "suffer death as in cases of felony without benefit of clergy, (1) "and that all and every person and persons who shall at any time "be convicted of any of the offences aforementioned, within that "part of Great Britain called Scotland, shall for every such of"fence incur and suffer the pains of death and confiscation of "moveables."

Under this statute the following determinations have been made.

Rex v. Spice, + Sect. 7. It seems agreed, that, in order to bring an offender Old Bailey within the penalties of this act, there must be an assembling of Dec. Session, three persons or more for the purpose of committing some or one of the offences described in the statute.

1785. Cases, C. L. 281.

son's Case,

notis.

Stra. 1166.

O. B. 1786.

p. 857.

424.

p 780.

Sect. 8. It is also said, (a) that to bring the offenders within (a) Hutchin-, the penalties of the first clause of the above statute, they must be Cases, C.L. 280. armed with offensive weapons; but it is also said, that it is not ne- (b) Franklyn's cessary that every individual assembled should be provided with Case, Cald. 244. an offensive weapon (b); and yet it seems (c) that it must appear Case, Cases, (c) Fletcher's on the trial that the prisoner was armed with an offensive weapon. Cro. Law, 281. Sect. 9. It has also been said, that the weapons must be such as are calculated for the purposes of offence; therefore where one man had only a common horsewhip, although all the rest of the gang had fire-arms, the Attorney-general declined to argue the O. B. 1785, point, and the prisoner was discharged. So also a hatchet has P O. B. 1785, been thought no offensive weapon within this act, where it was only caught up upon the spur of the occasion, and belonged to the Cases in Cro. prisoner in the way of his business. So also a large stick with three Law, 280.. natural prongs and a large head has been held no offensive weapon. But it is impossible for the law to draw a precise line which will hold in all cases as to what shall, or shall not, be called an offensive weapon. It must greatly depend on the circumstances of the case; for it would be going a great deal too far to say that nothing but guns, pistols, daggers, and instruments of war should be considered as offensive weapons; bludgeons, clubs, and any thing not in common use, pokers, shovels, tongs, &c. and even a common walking-stick, may be offensive weapons, according to the circumstances which accompany the use of them. It is therefore a question of fact for the jury, whether the instrument was carried for the purposes of offence or not?

+ Sect.

in force inflicting the penalty of death for any act done in breach of the revenue laws." p. 668.

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