cealed in any manner on board any ship or boat within the limits of any port of the United Kingdom, or be found either before or after landing to have been concealed in any manner on board any such ship or boat, within such limits; then and in every of the foregoing cases all such goods shall be forfeited, together with any goods which shall be found packed with or used in concealing them. § 209.

Permit. Spirits and tobacco found removing without a legal permit or certificate for the same shall be deemed to be spirits or tobacco respectively liable to and unshipped without payment of duty, unless the party in whose possession the same shall be found or seized shall prove to the contrary. § 210.

Ships with certain Articles in illegal Packages, &c.—If any ship or boat, belonging wholly or in part to Her Majesty's subjects, or having half the persons on board subjects of Her Majesty. be found or discovered to have been within 4 leagues of that part of the coast of the United Kingdom which is between the North Foreland on the coast of Kent and Beachy Head on the coast of Sussex, or within 8 leagues of any other part of the coast of the United Kingdom, or if any foreign ship or boat having one or more subjects of Her Majesty on board be found or discovered to have been within 3 leagues of the coast of the United Kingdom, or if any foreign ship or boat be found or discovered to have been within 1 league of the coast of the United Kingdom, or if any ship or boat be found or discovered to have been within 1 league of the Channel Islands, any such ship or boat having on board or in any manner attached thereto, or having had on board or in any manner attached thereto, or conveying or having conveyed in any manner, any spirits, not being in a cask or other vessel capable of containing liquids of the size or content of 20 gallons at the least, or any tea exceeding 6 lb. in the whole, or any tobacco or snuff not being in a cask or package containing 2 cwt. of tobacco or snuff at the least, or being separated or divided in any manner within any cask or package, or any tobacco stalks, tobacco stalk flour, snuff work, or any cordage or other articles adapted and prepared for slinging or sinking small casks, or any casks or other vessels whatsoever of less size or content than 20 gallons of the description used for the smuggling of spirits, then and in every such case the articles, together with the casks or packages containing the same, and the cordage or other articles, casks, and other vessels of the description aforesaid, and also the ship or boat, shall be forfeited. § 212.

Other illegal Cases.-If any ship or boat be found or discovered to have been within any port, bay, harbour, river, or creek of the United Kingdom or the Channel Islands, having on board or in any manner attached thereto, or having had on board or in any manner attached thereto, or conveying or having conveyed in any manner, any spirits, not being in a cask or other vessel capable of containing liquids of the size or content of 20 gallons at the least, or any tobacco or snuff, not being in a cask or package containing 2 cwt. of such tobacco or snuff at the least, or being separated or divided in any manner within any cask or package, or any tobacco stalks, tobacco stalk flour, or snuff work, every such ship or boat, and such articles shall be forfeited; but if it be made to appear to the satisfaction of the Commissioners of Customs that such articles were on board without the knowledge or privity of the owner or master of such ship or boat, and without any wilful neglect or want of reasonable care on their parts, then the Commissioners shall deliver up the said ship or boat to the owner or master of the same. § 213.

Exceptions.-Nothing herein contained shall extend to render any

38

SMUGGLING.

ship of 120 tons burden or upwards liable to forfeiture on account of any tobacco coming direct from the East Indies or the Turkish dominions, including Egypt, if in packages each containing not less account of any snuff or than 100 lb. net of such tobacco; nor on negrohead tobacco the produce of and imported direct from the United States of America, if in packages each containing not less than 150 lb. net of such snuff or tobacco; nor on account of any tobacco imported from Malta in packages each containing not less than 80 lb. net of such tobacco; nor on account of any tobacco the produce of Porto Rico, Mexico, South America, St. Domingo, Cuba, the British Possessions in America and the West Coast of Africa, if in packages each containing not less than 80 lb. net of such tobacco, and imported direct from those places or from the United States of America; nor on account of any cigars, if in packages each containing not less than 100 lb. net of such cigars; nor on account of any cigarillos or cigarettos, if in packages each containing not less than 75 lb. net of such cigarillos or cigarettos; nor to render any ship of 50 tons burden or upwards liable to forfeiture on account of any tea, or of any spirits in glass bottles or stone bottles not exceeding the size of 3 pints each, such articles being really part of the cargo of such ship; nor to render any ship liable to forfeiture on account of any spirits, tea, or tobacco really intended for the consumption of the seamen or passengers on board during their voyage, and not being more in quantity than is necessary for that purpose; nor to render any ship liable to forfeiture if really bound from one foreign port to another foreign port, and pursuing such voyage, wind and weather permitting. $214.

Ships in Port with a Cargo, and afterwards found in Ballast and Cargo unaccounted for.-If any ship or boat whatever be found within the limits of any port of the United Kingdom with a cargo on board, and such ship or boat shall afterwards be found light or in ballast, and the master is unable to give a due account of the port within the United Kingdom where such ship or boat shall have legally discharged her cargo, such ship or boat shall be forfeited. § 215.

Search of Ships.-Any officer or officers of the army, navy, or marines duly employed for the prevention of smuggling, and on full pay, or any officer of Customs, producing his warrant or deputation (if required) may go on board any ship which shall be within the limits of any port of the United Kingdom and rummage and search the cabin and all other parts of such ship for prohibited or unaccustomed goods, and remain on board such ship so long as she shall continue within the limits of such port. § 219.

Restoration. The Commissioners of the Treasury or of the Customs may, by any order made by them for that purpose, direct any ship, boat, goods, or commodities whatever seized under any Act relating to the Customs to be delivered to the proprietor thereof, whether condemnation shall have taken place or not, upon such conditions as the commissioners respectively may see fit. § 227.

Search of Persons-Obstruction-Denial.-Any officer of customs, or of the army, navy, or marines, duly employed in the prevention of smuggling, and on full pay, 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 shall have good reason to suppose that such person has any uncustomed or prohibited goods secreted about his person; and if any person obstruct any such officer in going, remaining, or returning from on board, or in searching such ship or boat or person, every such person shall forfeit £100; and if any pas

senger 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 such officer whether he has any foreign goods upon his person or in his possession, 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, such goods shall be forfeited, and such person shall forfeit treble the value of such goods. § 229.

How Persons before Search may require to be taken before a Justice, &c.— Females. Before any person shall be searched by any such officer as aforesaid, such person may require such officer to take him or her before any justice, or before the collector, comptroller, or other acting principal officer of customs, who shall, if he see no reasonable cause for search, discharge such person, but if otherwise, direct such person to be searched, and if a female she shall not be searched by any other than a female. § 230.

Goods removed prior to Examination.-Every person who shall remove any goods imported into the United Kingdom 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, or who shall remove or withdraw from any quay, wharf, or other place 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, and every person who shall assist or be otherwise concerned in such removal or withdrawal, or shall knowingly harbour, keep, or conceal, or shall knowingly permit or suffer or cause or procure to be harboured, kept, or concealed, any such goods, or to whose possession any such goods shall knowingly come, every such person shall forfeit either treble the value thereof or the penalty of £100, at the election of the Commissioners of Customs. § 233.

Persons unshipping or concerned in the carrying away or concealing Spirits or Tobacco.-Every person who shall unship or be aiding or concerned in the unshipping of any spirits, tobacco, snuff, tobacco stalks, tobacco stalk flour, or snuff work, or of any tea or silk, such tea or silk being of the value of £10 or upwards, liable to forfeiture under this or any other Act relating to the Customs or Excise, or who shall carry, convey, or conceal, or be aiding in the carrying, conveying, or concealing of any such spirits, tobacco, snuff, tobacco stalks, tobacco stalk flour, or snuff work, or of any such tea or silk, shall forfeit for each such offence treble the value of such goods, or £100, at the election of the Commissioners of Customs; and every such person may be detained, to be dealt with as directed.

Persons offering Goods for Sale.-If any person shall offer for sale goods under pretence that the same are prohibited, or have been unshipped and run on shore 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. § 241.

Spirits in small Casks sunk or floating upon the Sea.-No subject of Her Majesty, other than officers of the Navy, Customs, or Excise, shall intermeddle with or take up any spirits, being in casks of less content than 20 gallons, which may be found floating upon or sunk in the sea within 100 leagues of the United Kingdom; spirits so intermeddled with or taken up shall be forfeited, together with any ship or boat in which they are found. § 242.

How Treasury or Customs may restore Seizures, and mitigate or remit Punishments and Penalties.-The Commissioners of the Treasury or

Customs may mitigate or remit any penalty or fine, or any part of any penalty or fine, incurred under this or any Act relating to the Customs, or release from confinement any person committed under this or any Act relating to the Customs, on such conditions as to them shall appear proper. § 243.

Hauling Vessels on Coasts.-The commanding officer for the time being of any vessel or boat employed for the prevention of smuggling may haul any such vessel or boat upon any part of the coasts of the United Kingdom, or the shores, banks, or beaches of any river, creek, or inlet of the same, (not being a garden or pleasure ground, or place ordinarily used for any bathing machine or machines,) which shall be deemed most convenient for that purpose, and moor any such vessel or boat on such part of the aforesaid coasts, shores, banks, and beaches below high-water mark, and over which the tide flows on ordinary occasions, and to continue such vessel or boat so moored as aforesaid for such time as the said commanding officer shall deem necessary and proper; and such commanding officer, or person or persons acting under his direction, shall not be liable to any indictment, action, or suit for so doing. $252.

Married Women convicted.-Where any married woman shall be convicted before any justice or justices of any offence against this or any other Act relating to the Customs, she shall, in default of paying any penalty she may have incurred, be liable to be committed to prison. § 268.

COURT OF EXCHEQUER, THURSDAY, FEB. 2, 1854.

(Sittings in Middlesex, at Nisi Prius, after Hilary Term, before the CHIEF BARON and a Special Jury.)

THE ATTORNEY-GENERAL V. RADloff.

The Attorney-General, Sir F. Thesiger, Mr. W. H. Watson, and Mr. Wilde conducted the case on behalf of the Crown; and Mr. Serjeant Shee, Mr. W. M. Best, and Mr. P. M'Mahon appeared for the defendant.

This was an information filed by the Attorney-General for the recovery of certain penalties for an alleged violation of the Customs laws with reference to the importation of tobacco into this country. The information contained three counts-the first, charging the defendant with having been concerned in the unshipping of 3,291 lb. of tobacco stalk, without the payment of duty, the treble value the amount of the penalties being 1,727/. 158. 6d.; the second, for having imported 3,291 lb. of tobacco stalk, which was prohibited by the 8th and 9th of Victoria, chap. 86, and the 12th and 13th of Victoria, chap. 90; and the third charging him with having been concerned in importing tobacco contrary to the statute.

It appeared that the defendant, in 1852, was a clerk to a firm in Water-lane, Tower-street, which imported rape oil. After a short time the defendant was the only person managing the Custom-house department of the establishment. Some time in the month of September, 1852, it was discovered that certain tin cans which were represented as containing the oil merely contained oil in a tube, while the vacuum around was filled with snuff. Evidence of this fact was now given, and, furthermore, proof was offered which went to show that many of the imported cans were taken up to the defendant's, at Canonbury Villas, where they were unpacked, and a portion, if not all the contents were supposed to have been subsequently conveyed to No. 216 in Holborn, a cigar and snuff shop, in which the defendant and his neighbour at Canonbury, one Richter, appeared to act as the owners.

The main defence was, that the defendant, in any transactions, had merely acted as a clerk, and that although a fraud might have been committed, yet

that he was not cognizant of the fact, nor had he any guilty knowledge of the fraudulent transaction.

Mr. Watson having replied,

The CHIEF BARON told the jury that the real question they had to consider was this-had the defendant had a guilty knowledge of the fraud which it was admitted on all hands had been committed in this case? If so, then the Crown was entitled to a verdict. If, however, they were not satisfied upon the evidence that the defendant had had that guilty knowledge, then the verdict should be in his favour.

The jury consulted a few minutes, and then returned a verdict for the Crown.

Mr. Watson applied to have the penalty entered upon the single valueviz., 525l. 188. 6d.