་ certificate required by law to be produced to them from the Regulations of officers of the port at which the goods and passengers are Coasting Trade. intended to be discharged; and every coast bond or other document taken by and in the presence of any such officer is to be as valid and effectual as if taken at the custom-house by and in the presence of the collector and controller of customs for the port to which such creek or harbour may belong (1). However, no sufferance warrant, transire, or other document, can at the present day be required by any officer of the customs on the shipping, carrying, conveying, removing, or landing coastwise within the kingdom of Great Britain, of any lime, limestones, chalk, sand, marl, or dung; nor can any fee, gratuity, or reward be lawfully charged by any officer of the customs in respect of the coastwise trade in any of these articles, on any pretence whatever. (2) Many frauds have been at different times discovered to have been committed by the masters of vessels engaged in the coasting trade, in importing goods that were prohibited or had not paid the legal duties. The statute 9 Geo. 1. c. 21. in providing against the commission of such illegal acts, declares, that if any tobacco or other foreign goods shall be taken on board a coasting vessel in parts beyond the seas, or out of another vessel, or at any port in this kingdom except that from which the goods are certified, the goods and double value will be forfeited, and the master of the coasting vessel will also forfeit the value of the goods (3). A coasting vessel is also liable to be searched. The statute 9 Geo. 2. c. 35. s. 39. enacts, that it shall be lawful for any officer of customs or excise, producing his warrant or deputation, if required, to enter on board a coasting vessel which may be within the limits of any of the ports of this kingdom, and to rummage and search the cabin and all other parts of the coasting vessel for prohibited and uncustomed goods. And such officer is authorized by the statute to remain on board the vessel during the whole time that it continues within the limits of the port. An obstruction of the officer renders the offender liable to a penalty of 100. (4) (1) 55 Geo. 3. c. 118. s. 3. see s. 9, 10, (4) 9 Geo. 2. c. 35. s. 29., misprinted 39. Pope, tit. 10. Fourthly, the curred by illicit Forfeiture of Vessels hover The preliminary regulations which the law has prescribed to be observed for securing the payment of the duty, having thus been considered, we will proceed to inquire into the forfeitures and penalties (1) consequent on trading in prohibited or uncustomed goods-the powers of searching for and seizing such goods the officers by whom these powers may be exercised-the proceedings for the recovery of penalties and condemnation of goods-the method of procuring the restoration of seizures-the remission or mitigation of penalties-and lastly, the immunities and protection afforded to the officers concerned in the execution of the laws relating to the revenue, and the liability which they incur. The forfeiture of vessels and prohibited cargoes found hovering, &c. with ille. ing near the coast, was provided for by the statute 24 Geo. 3. c. 47.; but the distance within which a seizure may be made on this ground has been extended by the statute 47 Geo. 3. sess. 2. c. 66. s. 17. The 24 Geo. 3. enacts, that if any vessels are found at anchor or hovering within the limits of the ports of gal Cargoes, &c. or having Implements of Smug gling on board, taking Goods on board, or discharging of arresting Persons for such Offences. them at Sea, and this kingdom, or within four leagues of the coast (2), or discovered to have been within those limits, or that distance, (and not proceeding on their voyage, wind and weather permitting, except in case of unavoidable necessity and distress of weather, of which necessity and distress the master is bound to give notice and make proof before the collector or other chief officer of the customs of the port within the limits of which the ship is found, immediately after the arrival of the vessel within the limits of the port,) having on board any brandy, or other spirituous liquors, in any vessel or cask not containing sixty gallons (3) at the least, (except for the use of the seamen belonging to and on board the vessel, and not exceeding two gallons for each seaman,) or having on board any wine in casks (provided the vessel having wine on board does not exceed sixty tons burthen), or having on board 6 lbs. weight of tea, or 20 lbs. weight of coffee, or having on board any goods whatsoever, liable to forfeiture by act of parliament, on being imported (4), then not only all such goods, but the vessel on board of which they are found, with her guns, (1) See division of subject, ante, 692. (2) Since extended to 100 leagues, 47 Geo. 3. sess. 2. c. 66. s. 17. infra. (3) Vide Clugas v. Penaluna, 4 T. R. 466. 45 Geo. 3. c. 121. s. 1. & infra. As to rum in casks under twenty gallons, 5 Geo. 1. c. 11. s. 2. (4) Attorney General v. Sheriff, Forrest's Rep. 43. & infra. furniture, ammunition, tackle, and apparel, will be forfeited (1). Forfeitures inAn information having been filed in the court of exchequer, on gling and illegal curred by Smug❤ the stat. 24 Geo. 3. on the ground of the forfeiture of a vessel Trade. and her cargo, for having wine on board in vessels of smaller dimensions than are authorized by the statute 1 Geo. 2. c. 17. from the operation of which act, however, certain species of wine were particularly excepted (2), it was holden by the court that it was not necessary, on the part of the crown, to prove the quality of the wine, but that it was the duty of the defendant to prove that it came within the exception; and the information stating that the vessel was discovered to have been within the limits of a port, &c. as in the stat. 24 Geo. 3. having on board wine liable to forfeiture by act of parliament on the ground of its being brought in casks which did not contain twenty-five gallons, was held sufficient after verdict, without negativing the exceptions in the stat. 1 Geo. 2. (3) The forfeiture of the ship and cargo, by virtue of the 24 Geo. 3. and of the laws relating to the revenue, has been considered to attach the moment the unlawful act is done, so as to prevent intermediate alienations or incumbrances; but the actual property is not altered till after seizure, although it may be before condemnation; and if, after the vessel has become liable to forfeiture, she should go another voyage, and be seized on her return, the crown would not be entitled to the intermediate earnings, after deducting the expences (1) 24 Geo. 3. c. 47. s. 1.; and see 45 Geo. 3. c. 121. s. 1. 47 Geo. 3. sess. 2. c. 66. s. 17. 57 Geo. 3. c. 33. 59 Geo. 3. c. 121. & infra. And see before the 24 Geo. 3. Smith v. Reynolds, 2 Wils. Rep. 257. (2) By 1 Geo. 2. st. 2. c. 17. wine is prohibited to be imported in flasks or bottles, or in any yessel or cask containing less than twenty-five gallons; and the term vessel, in acts subsequent to 1 Geo. 2. c. 17. does not include bottles; and the prohibition on the importation of Port and Spanish wines, or any other wine but French (39 & 40 Geo. 3. c. 23. and 42 G. 3. c. 44. s. 1.) Tuscan, Turkey, and Levant wine (I G. 2. st. 2. c. 17. s. 8.) in bottles still remains, and no wines, except French wines, and those excepted in the 1 Geo. 2. c. 17. s. 8. and wine in bottles from Ireland under 55 Geo. 3. c. 83. s. 6. can be legally imported in bottles, or admitted to entry for the private use of the importer. Order of Board of Com. 17th May 1816, And on 28th February 1818, a notice was given that after 18 months from that time, and in some cases a shorter space, wine in bottles or flasks, except French, Tuscan, Turkey, or Levant wines, or wine from Ireland, would be seized. Pope, tit. 188.; and as to the manifest on wine, see Pope, tit. 188. Forrest's Rep. 43. (3) Attorney General v. Sheriff, Forrest's Rep. 43. i Geo. 2. st. 2. c. 17. Forfeitures incurred by Smuggling and illegal Trade. of the outfit (1). It seems that the custom-house officers may seize for the forfeiture within three years after the fact has been committed, and that the attorney general may file an information at any time whilst the ship is in being (2). Goods found on board within the limits or distance that we have mentioned, whether with or without the privity of the master, are forfeited, and the persons in whose charge or possession they are found will forfeit treble value (3). But the 24 Geo. 3. provides that the act shall not extend to prevent evidence from being received in any suit or information for the forfeiture of any vessel on account of goods contained therein, in order to show, from the smallness of the quantity and the other circumstances of the case, that the goods were on board without the knowledge and privity of the owner or master, and without any wilful neglect or want of reasonable care on the part of either of them in the discharge of his duty; and when proof is so made, the vessel, if it be of more than 100 tons burthen, is not exposed to forfeiture (4). The limits for seizing vessels liable to forfeiture for hovering, are extended by the statute 47 Geo. 3. sess. 2. c. 66. Every vessel, belonging in the whole or in part to his Majesty's subjects, or one half of the crew of which consists of British subjects, liable to forfeiture for hovering or being found and discovered to have been within 4 or 8 leagues of such part of the coasts of Great Britain or Ireland as are described in the acts of parliament, is liable to forfeiture under the 47 Geo. 3., together with the goods on board and the furniture of the ship, if found in any part of the British or Irish channels, or elsewhere on the high seas, within 100 leagues of any part of the coasts of Great Britain and Ireland under the same circumstances (5). Every vessel or boat coming from foreign parts, and belonging wholly or in part to his Majesty's subjects, or having a crew half consisting of his Majesty's subjects (6), (except a ship or other square-rigged vessel) if found in any part of the British or Irish channels, or elsewhere on the high seas within 100 leagues of any part of the (1) Per Willes J. Lockyer v. (2) Lockyer v. Offley, 1 T. R. Attorney General v. Sheriff, For- (3) 24 Geo. 3. c. 47. s. 3. & infra. coasts of Great Britain or Ireland, or discovered to have been within those limits, having on board any foreign spirits in any package of less size or content than 60 gallons (1), (except only for the use of the seamen, not exceeding two gallons for each seaman), or any tea exceeding 6 lbs. in the whole (2), or any tobacco or snuff in a package containing less than 450 lbs. (3) (except loose tobacco for the use of the seamen, not exceeding 5 lbs. of tobacco for each seaman, and except such tea or manufactured tobacco or snuff as shall have been duly shipped for exportation, as merchandize, on board such vessel or boat, from some place in Ireland), is forfeited, with her tackle and furniture, together with all such tea, tobacco, or snuff, and may be seized by any officer of his Majesty's navy or marines, or of the customs or excise (4). And every foreign smuggling vessel or boat containing one or more subjects of his Majesty, whether mariners or persons pretending to be passengers, which is found or discovered to have been within four leagues of that part of the coast of Great Britain which is between North Foreland on the coast of Kent, and Beachy Head on the coast of Sussex, or within eight leagues of any other part of the coast of Great Britain or Ireland, having on board foreign spirits in a package of less size or content than 60 gallons, (except only for the use of the seamen, not exceeding two gallons for each seaman,) or any tea exceeding 6 lbs. in the whole, or any tobacco or snuff in a package containing less than 450 lbs., except loose tobacco for the use of the seamen on board, not exceeding 5 lbs. for each seaman, and except such tea or manufactured tobacco or snuff as has been duly shipped for exportation as merchandize on board the ship from some place, is forfeited, and may be seized, and prosecuted for smuggling (5). The statute 57 Geo. 3. c. 33. provides that if any vessel (not being square-rigged) coming from a place between Brest in France, and the Helder Point in Holland, (inclusive of the Texel Isle and all places on (1) Clugas v. Penaluna, 4 T. R. 466. (2) Ships not belonging to East India Company [having more than six pounds of tea on board] except for the use of each person, at the rate of one pound per head, are forfeited by 54 Geo. 3. c. 36. s. 35. (3) Vide 28 Geo. 3. c. 68. s. 9. (4) 45 Geo. 3. c. 121. s. 1. and vessels not coming from foreign parts, but taking in such articles at sea, from vessels so coming, are (5) 59 Geo. 3. c. 121. s. 1. his Forfeitures incurred by Smug lingani ilegal Trade. |