PART VI.

SMUGGLING.

RESTRICTIONS ON SMALL CRAFT.

The Commissioners of Customs may make such regulations as they deem fit, for the purpose of prescribing the limits within which vessels and boats, not exceeding 100 tons, may be employed, the mode of navigation and manner of employment.-Sec. 199. The following are the approved regulations :

1.-Vessels under 15 tons burthen, and open boats, are limited to a distance of four leagues seaward from the coast between the North Foreland and Beachy Head; and eight leagues seaward from any other part of the coast of the United Kingdom.

2.-Open and half-decked vessels above 15 tons are limited to four leagues seaward from the coast between the North Foreland and Beachy Head; and 12 leagues seaward from any other part of the coast of the United Kingdom.

3.-Decked vessels and boats under 40 tons are limited to four leagues seaward from the coast, between the North Foreland and Beachy Head; and 12 leagues seaward from any other part of the coast of the United Kingdom, except those parts of the coasts of England and Ireland which lie opposite to each other.

4.-Vessels under 100 tons are not to carry arms for resistance, nor more than one carriage or swivel gun, without shot, for distress signals, nor more than two muskets or fowling pieces for every five men.

5.-Vessels under 40 tons, belonging to the Channel Islands, are limited only northward, in which direction they are not to exceed four leagues from the Caskets.

6.-Manx vessels under 40 tons are limited to eight leagues seaward from the island.

These regulations do not apply to any steam vessels, nor to boats belonging to vessels whilst employed as such; nor to vessels employed in pleasure, and not for hire, nor to vessels bona fide employed in fishing or assisting ships in distress, beyond the prescribed limits, provided it appears to the Commissioners or Collector of Customs that the vessels were so employed, and that the masters and owners are men of good character.

7.-No extension of the limits is allowed unless on special application from the owner to the Commissioners, shewing the ground and object thereof; whereupon, if the Commissioners or Collector consider the grounds of the application reasonable, and that (having regard to the general character of the owners and master, and other special circumstances) any extension may properly be conceded, a special license will be granted, for such time, and under such conditions as they see fit.

8.-When any vessel is required, in case of emergency, to carry Government Messengers and despatches on Her Majesty's service to the opposite coasts of the Continent of Europe from Dover,

Folkstone, or other approved ports, the Collector or other duly authorized officer, being satisfied of the facts, may grant a pass for that purpose, endorsing thereon the object of the voyage, place of destination, and intended time of departure; and the master, immediately on his return, is to deliver to the Collector or Officer at the place of arrival, the pass endorsed with a certificate under the hand of the Messenger conveyed, or of the party who received the despatch, of the time of landing or delivery, shewing that the object of the voyage has been carried out within a reasonable time.G.O., 121, 1853.

NOTICE. Any breach of these regulations involves the forfeiture of the vessel.

Any vessel of the class above described used in importing or conveying uncustomed or prohibited goods shall be forfeited, and the owner and master are each liable to a penalty equal to the value of the vessel, not in any case exceeding £500.-Sec. 203.

All the aforegoing regulations relating to small craft extend to the Channel Islands.-Sec. 204.

VESSELS AT CHANNEL ISLANDS TO HAVE CLEARANCE.

No vessel owned wholly or in part by British subjects is permitted to sail from the Channel Islands without a clearance, whether in ballast or having a cargo, and if with a cargo the master is to give bond, in double the value, for the due landing thereof, at the port of destination. Any vessel not having a clearance, or with a clearance and found light, or having discharged any part of her cargo before arriving at the port or place of discharge specified in the clearance, is forfeited.—

NAME TO BE PAINTED ON STERN.

Sec. 205.

The owner of every British ship is required to paint upon the outline of the stern of each of her boats the name of the ship and the port to which she belongs, and the master's name within the transome in white or yellow Roman letters, not less than two inches in length, on a black ground; and the owner of any boat,* not belonging to any ship, is required to paint his name and that of the port to which she belongs in like manner on the stern.— Secs. 206 & 207.

FALSE BULKHEADS.

Any British ship having false bulkheads or bows, double sides or bottoms, or any secret or disguised place for the concealment of goods, or any hole, pipe, or device, for running goods, shall be forfeited; and foreign vessels coming into any port of the United Kingdom with dutiable or prohibited goods concealed by such fraudulent contrivances are subject to the same penalty.Sec. 208

ILLEGALLY UNSHIPPING.

If any dutiable goods be unshipped from any vessel in the United Kingdom (the duties not being first paid or secured), or if

*The word boat shall be deemed to include any vessel or boat, whether decked, partially decked, or open, not being 100 tons burden, and not belonging to any ship.-30 & 31 Vic., cap. 82, sec. 20.

any prohibited* goods be imported, all such goods shall be forfeited, together with any goods in which they may be found packed or concealed.-Sec. 209.

Spirits and tobacco found removing without permit or certificate shall be deemed to have been illegally unshipped, unless the person with whom they are found prove to the contrary.— Sec. 210. When goods, the importation of which is restricted, are seized under Customs or Excise laws, they shall, for the purpose of enforcing forfeiture or penalty, be described as goods unshipped without payment of duty, unless the contrary be proved.-. Sec. 211.

FORFEITURE OF VESSEL.

Any Vessel coming into port with a cargo, and afterwards found light, or in ballast, is liable to forfeiture, unless the master can give a satisfactory explanation.-Sec. 215.

Vessels wholly or in part owned by, or having on board, any British subjects, are liable to forfeiture if any part of their cargo be thrown overboard, or staved, or destroyed within four leagues of the coast between North Foreland and Beachy Head, or eight leagues of any other part of the coast.-Sec. 216.

OFFICERS' AUTHORITY.

Any Officer of Customs producing his warrant (if required) may board any shipt within the limits of any port in the United Kingdom, and search every part thereof for prohibited or uncustomed goods, and remain on board so long as she continues within such limits.-Sec. 219.

Any Officer of Customs may, upon reasonable suspicion, stop and search any cart or vehicle for smuggled goods, without subjecting himself to any prosecution for so doing.-Sec. 220.

Any Officer of Customs having a writ of assistance may, in the daytime, search any house, shop, or other place, and if resisted, break open doors, chests, trunks, and other packages, and seize, and convey to the Queen's Warehouse, § any uncustomed or prohibited goods; and may take with him any police constable or other public officer, whose authority shall not be affected by local boundries, and all writs of assistance shall continue in force during the reign in which they were granted, and for six months afterwards.-Sec. 221, and 30 & 31 Vic., cap. 82, sec. 23.

*Contraband goods may be seized in the river previous to landing or sale. Goods offered for sale under the pretence that they are prohibited or smuggled are forfeited (although not prohibited or liable to duty), and the person so offending incurs a penalty of treble the value of the goods. Sec. 241.

+ Commissioned ships may be boarded and searched in the same manner as merchant ships.-Sec. 52.

Any person refusing to stop or allow such search incurs a penalty of £100.

§ Charges for conveyance of seized goods to Queen's Warehouse at out-ports are to be craved quarterly, and the Collector is to certify at foot thereof as to the reasonableness and necessity of such charges.G.O., 25th June, 1782.

愛

And

Writs of assistance are not to be delivered to any officer until he shall make declaration "that he has received information that smuggled goods are lodged in a house or houses (stating the number of houses if more than one), that his informer is a person upon whom he can depend, and that the goods have been seen upon the premises as he is informed and verily believes.' if in London not until the Solicitor, after enquiry and examination, shall have reported that there appears to him grounds for allowing the use of a writ of assistance, the officer being required first to state confidentially to him the particular premises, in respect of which the information is given, and when the officer returns the writ and specifies the premises he has searched, his report is to be referred to the Solicitor, that he may ascertain whether the search was confined to the premises for which the writ was granted. And if the writ be used to search other premises than those for which it was granted, the circumstance is to be stated to the Board.-G.O., 2nd April, 1817; M., 4th April, 1815; and Sept., 1825.

If an inferior officer, he must communicate the information, and the name and address of his informant, confidentially, to the principal of the department in which he is employed; and no writ of assistance will be issued upon the application of a subordinate officer alone; but on the principal being satisfied that the information may be relied upon, and that there is no collusion, he is to recommend to the Board the grant of the writ; it being distinctly understood that the principals are not to participate in any seizure made by their recommendation without the special sanction of the Board.-M., 10th Dec., 1847.

The Officer must not retain the writ beyond the day after that on which he received it, unless he shall report to the Collector or the Solicitor, if in London, specifically, the reason of the detention; and when the writ is returned the officer is to deliver a true and circumstantial account of the result of the search and the time at which the writ was executed.-G.O., 2nd April, 1817. Officers of Customs may seize vessels or goods liable to forfeiture, or detain persons liable to detention.*-Sec. 223.

All Officers of Customs duly empowered to make seizures or captures, whether in England, Ireland, or Scotland, may make such seizures in any part of the United Kingdom, and when so engaged they are to declare themselves as such.

G.O., 24th Jan., 1824, and 11th Jan., 1820. Goods stopped on the ground of their liability to forfeiture are to be taken to the Customs warehouse nearest to the place of stoppage, and delivered to the Warehousekeeper within 48 hours after detention.-Sec. 224.

Police officers may seize smuggled goods, taking care to deliver the same to the proper officer at the Custom House within 48 hours after seizure; and when any such goods are stopped, or

* The powers of detention and seizure conferred by this section have been extended to Constables and Police Officers by 30 & 31 Vic., cap. 82, sec. 21.

taken on suspicion of their being stolen, the police officer may take them to the station house with the offender, giving due notice of such detention to the Customs authorities.

SEARCH OF PERSONS.

Secs. 224 & 225.

Any Officer of Customs may search any person on board any vessel in the United Kingdom or the Channel Islands, or any person having landed from such vessel, provided such officer has good reason to suppose that the person has any uncustomed or prohibited goods secreted about him; and if any passenger or other person on board such vessel, or who may have landed therefrom, shall upon being questioned by the officer whether he has any foreign goods upon his person or in his possession, deny the same, and any such goods be afterwards found, the same shall be forfeited, and the person shall forfeit treble the value of the goods. Sec. 229.

Mode of Proceeding.-Should the officers suspect that passengers have any article liable to duty on their persons, they are not to search the clothes of the parties, or to feel the outside of their pockets, at the time they are landing from any ship or vessel; but in case they observe any package in the pockets of a passenger, or have reason to suspect that he has any articles concealed about his person, the usual question is to be put, viz., "whether he has any foreign goods upon his person or in his possession," he being at the same time informed that in the event of his denying having any such goods in his possession, and such goods being subsequently found, the same will become forfeited, and he (the party) liable to a penalty of treble the value thereof; and if the answer be in the affirmative, the passenger is to be requested to produce the goods.

If, however, the passenger persist in denying that he has such goods on his person, and the officers still have good ground for suspicion, the party is then to be informed that the officer deems it necessary that his person should be searched under the provisions of the law; but that he (the party), previously to being searched, is at liberty to require to be taken before a magistrate or a superior officer of Customs, who will determine whether there be reasonable grounds of suspicion or otherwise; and should the party not claim to be taken before a magistrate or superior officer of Customs, but still refuse to be searched, the officer (or a female searcher, if the passenger be a female) is to make such search.

Should a party who has claimed to be taken before a magistrate afterwards refuse to go, he may be detained by the officers and taken before a magistrate.t-Letter to Packet Ports, 10th Aug., 1847.

Any Officer of Customs, when on duty, may patrol upon and pass freely along and over the Coast of the United Kingdom or any railway, or the shores or banks of any river, creek, or inlet of the same (not being a garden or pleasure ground) without being liable to any indictment for so doing.-Sec. 253.

OBSTRUCTING OR ASSAULTING OFFICERS.

If any person obstruct any officer in going, remaining, or returning, from on board any vessel, or in searching such vessel or person, the offender shall forfeit £100.-Sec. 229.

*The officer shall take the person before the magistrate or superior officer with all reasonable dispatch; but if he do so without reasonable cause he is liable to a penalty not exceeding £10.-Sec. 231.

The penalty for obstructing an officer is transportation or imprisonment.-16 & 17 Vic., cap. 107, sec. 251.