It is an indictable offence to corrupt the waters of a public river, and render them unfit for the use of man by conveying the refuse of gas into the river. It is also an indictable offence to convey the refuse of gas into a great public river, and thereby to render the waters corrupt, insalubrious, and unfit for the use of man, and the directors of a gas company are responsible for the acts done by their superintendant 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. (m) bakers for using alum, &c. in making bread. acts of his wife. Lyons v. Martin, 8 A. & E. 512. (m) Rex 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 merchandize, 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 3 & 4 Wm. 4, c. 50, after reciting that it is expedient to amend the laws relating to the customs, proceeds to repeal all the statutes relating to smuggling. The 3 & 4 Wm. 4, c. 53, which came into operation on the 1st of September, 1833, makes various enactments relating to the forfeiture of vessels engaged in illegal traffic, and of uncustomed goods, which do not come within the scope and object 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. (c) Vessels to The 3 & 4 Wm. 4, c. 53, s. 8, enacts, "that in case any vessel or boat liable to seizure or examination under any act or law for the bring the being chased prevention of smuggling shall not bring to on being required so to by vessels or do, on being chased by any vessel or boat in his Majesty's navy boats of the navy or in prehaving the proper pendant and ensign of his Majesty's ships hoisted, ventive ser or by any vessel or boat duly employed for the prevention of smug- vice; not gling, having a proper pendant and ensign hoisted, it shall be lawful bringing to, may be fired for the captain, master, or other person having the charge or com- into. mand of such vessel or boat in his Majesty's navy, or employed as (a) 1 Hawk. P. C. c. 48, s. l. 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 officers; 4 Wentw. 385, et seq. 2 Chit. Crim. Law, 127, et seq. And see Brady's case, 1 Bos. & Pul. 188, where it was admitted that the (c) The 4 & 5 W. 4, c. 13, alters some aforesaid, (first causing a gun to be fired as a signal,) to fire at or into such vessel or boat; and such captain, master, or other person acting in his aid or assistance, or by his direction, shall be and he is hereby indemnified and discharged from any indictment, penalty, action, or other proceeding for so doing." By sec. 32, "all vessels and boats, and all goods whatsoever, liable to forfeiture under this or any other act relating to the revenue of customs, shall and may be seized in any place, either upon land or water, by any officer or officers of his Majesty's army, navy, or marines, duly employed for the prevention of smuggling, and on full pay, or by any officer or officers of customs or excise, or by any person having authority to seize from the commissioners of his Majesty's customs or excise; and all vessels, boats, and goods so seized shall, so soon as conveniently may be, be delivered into the care of the proper officer appointed to receive the same. In a case under the 6 Geo. 4, c. 108, s. 34, which was similar in terms to sec. 32, of the 3 & 4 Wm. 4, c. 53, a count alleged that certain spirituous liquors were about to be imported, in respect of which certain duties would be payable, and that R. H. was a person employed in the service of the customs of our Lord the King, and that it was the duty of R. H., as such person so employed in the service of the customs as aforesaid, to arrest and detain all such goods and merchandizes as should within his knowledge be imported, which, upon such importation thereof, would become forfeited; and that the defendant unlawfully solicited R. H. to forbear to arrest and detain the said goods; it was objected, in arrest of judgment, that as the law did not cast upon all persons in the service of the customs the duty of making seizures, and the count did not show that H. was a person coming within any of the three classes described in sec. 34 of 6 Geo. 4, c. 108, the count was bad: and the Court held that the allegation that it was H.'s duty to seize goods, which upon importation were forfeited, was an allegation of matter of law. That being so, the fact from which that duty arose ought to have been stated in the count. If, indeed, it could be said to be the duty of every person employed in the service of the customs to seize such goods, then the allegation would have been sufficient. But it clearly was not the duty of every such person, and therefore the indictment was bad. (d) By sec. 34, "it shall and may be lawful to and for any officer or officers of the army, navy, or marines, duly employed for the prevention of smuggling, and on full pay, or for any officer or officers of customs, producing his or their warrant or deputation (if required), to go on board any vessel which shall be within the limits of any of the ports of this kingdom, and to rummage and to search the cabin and all other parts of such vessel for prohibited and uncustomed goods, and to remain on board such vessel during the whole time that the same shall continue within the limits of such port, and also to search any person or persons either on board or who shall have landed from any vessel, provided such officer or officers shall have good reason to suppose that such person or persons hath or have any uncustomed or prohibited goods secreted about his, her, or their person or persons; and if any person shall obstruct any such officer (d) Rex v. Everett, 8 B. & C. C. 114. 2 M. & R. 35. See s. 117, post. or officers in going or remaining on board, or in entering or searching such vessel or person, every such person shall forfeit and lose the sum of one hundred pounds." assistance, and having a peace officer, may search houses for prohibited goods: By sec. 38," it shall and may be lawful for any officer or officers Officers authoof customs, or person acting under the direction of the commis- rized by writ of sioners of his Majesty's customs, having a writ of assistance under the seal of his Majesty's Court of Exchequer, to take a constable, headborough, or other public officer inhabiting near the place, and in the daytime to enter into and search any house, shop, cellar, warehouse, room, or other place, and in case of resistance to break open doors, chests, trunks, or other packages, there to seize and from thence to bring any uncustomed or prohibited goods, and to put and secure the same in the custom house warehouse in the port next to the place from whence such goods shall be so taken as aforesaid: Provided always, that for the purposes of this act any such constable, headborough, or other public officer, duly sworn as such, may act as well without the limits of any parish, vill, or other place for which he shall be so sworn as within such limits." Officers of cus toms or excise may, on prob able cause, goods. By sec. 40, "it shall be lawful for any officer of customs or excise, or other person acting in his or their aid or assistance, or duly employed for the prevention of smuggling, upon reasonable suspicion, to stop and examine any cart, waggon, or other means of stop carts, &c., conveyance, for the purpose of ascertaining whether any smuggled and search for goods are contained therein; and if no such goods shall be found, then and in such case the officer or other person so stopping and examining such cart, waggon, or other conveyance, having had probable cause to suspect that such cart, waggon, or other conveyance had smuggled goods contained therein, shall not, on account of such stoppage and search, be liable to any prosecution or action at law on account thereof; and all persons driving or conducting such cart, waggon, or other conveyance, refusing to stop when required so to do in the King's name, shall forfeit the sum of one hundred pounds." By sec. 52, "if any person or persons liable to be detained under the provisions of this or any other act relating to the customs shall not be detained at the time of so committing the offence for which he or they is or are so liable, or after detention shall make his or their escape, it shall and may be lawful for any officer or officers of the army, navy, or marines, being duly employed for the prevention of smuggling, and on full pay, or for any officer of customs or excise, or any other person acting in his or their aid or assistance, or duly employed for the prevention of smuggling, to detain such person so liable to detention as aforesaid at any time afterwards, and to carry him before any justice of the peace, to be dealt with as if detained at the time of committing the said offence. By sec. 53, "no person shall, after sunset and before sunrise between the 21st day of September and the 1st 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 in the year, make, aid, or assist in making (e) any signal in or on board or from any vessel or boat, or (e) Here followed in the 6 G. 4, c. 108, s. 52, or be present for the purpose of aiding or assisting in the making of any light, fire, flash, or blaze, or any signal by VOL. I. I smoke, or by any rocket, fire-works, flags, arrested, Any person liable to be making his escape, may afterwards be detained by any officer of the customs. Persons mak to smuggling vessels at sea may be deconviction to ing signals tained, and on labour for one year. forfeit 100%, or on or from any part of the coast or shore of the united kingdom, or be kept to hard within six miles of any part of such coasts or shores, for the purpose of giving any notice (f) to any person on board any smuggling vessel or boat, whether any person so on board of such vessel or boat be or be not within distance to (g) notice any such signal; and if any person, contrary to the true intent and meaning of this act, make or cause to be made, or aid or assist in making any such signal, such person so offending shall be guilty of a misdemeanor; and it shall be lawful for any person to stop, arrest, and detain the person or persons who shall so offend, and to carry and convey such person or persons so offending before any one or more of his Majesty's justices of the peace residing near the place where such offence shall be committed, who, if he sees cause, shall commit the offender to the next county gaol, there to remain until the next Court of oyer or terminer, great session, or gaol delivery (h) or until such person or persons shall be delivered by due course of law; and it shall not be necessary to prove on any indictment or information that any vessel or boat was actually on the coast; and the offender or offenders being duly convicted thereof shall, by order of the Court before whom such offender or offenders shall be convicted, either forfeit and pay the penalty or forfeiture of one hundred pounds, or, at the discretion of such Court, be sentenced or committed to the common gaol or house of correction, there to be kept to hard labour for any term not exceeding one year." The indictment need not state the day to be between the 21st of September and the 1st of April. Proof of a sig intended to lie Where an indictment upon the 6th Geo. 4, c. 108, s. 52, which was very similar to s. 53, of the 3 & 4 Wm. 4, c. 53, 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. (i) By sec. 54, "In case any person be charged with or indicted for nal not being having made or caused to be made, or been aiding or assisting in on the defend- making, any such signal as aforesaid, the burthen 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 ant. (f) In the 6 G. 4, c. 108, s. 52, "mak ing or giving any signal." (g) In 6 G. 4, c. 108, s. 52, " See or hear any such light, fire, flash, blaze, or signal." (4) Notwithstanding these words, the sessions have jurisdiction to try this offence. Rex v. Cock, 4 M. & S. 71. (i) Rex v. Brown, Moo. & M. 163, Littledale, J., after consulting Gaselee, J., see Martin's case, ante, p. 79. |