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of the Courts of criminal justice of the colony; (a) for there is nothing in the Statute to give any particular functionary jurisdiction, or to make the offence of a local nature, and, therefore, any Magistrate in the Province may act. (b) If a robbery be committed on lakes, harbours, ports, etc., in foreign countries, the Court of Admiralty indisputably has jurisdiction. (c)

A British Court has no jurisdiction to punish a foreigner for an offence committed on the high seas, in a foreign ship, against a British subject. (d) The 32 & 33 Vic., c. 20, s. 9, makes provision for the trial in Canada of offences amounting to murder or manslaughter committed upon the sea. (e)

Customs and Excise Offences.-These offences are now regulated by various Statutes. (f) The 31 Vic., c. 6, s. 80, provides that persons committing certain offences, with regard to warehoused goods, shall incur the penalties imposed on persons for smuggling. By s. 75 of the same Act, smuggling is made a misdemeanor, punishable by a penalty not exceeding $200, or by imprisonment for a term not exceeding one year, or by both. An indictment will not lie under s. 80 for the misdemeanor created by s. 75, for the 80th section does not declare that the parties offending, etc., shall be deemed guilty of the misdemeanor created by the 75th, and the clause cannot be extended to the creation of a new crime by implication.(g) It is unnecessary to allege, in the indictment for offences against this Act, that the warehouse therein referred to is a Customs warehouse, or one duly appointed and

(a) Reg. v. Sharpe, 5 U. C. P. R. 135.

(b) Ib. 140, per Wilson, J.

(c) Ib. 139, per Wilson, J.

(d) Reg. v. Kinsman, 1 James, 62.

(e) See also c. 29, s. 9.

(f) See as to customs 31 Vic., cs. 5, 6, 7, 43 & 44; also 33 Vic. c. 9, and 34 Vic. cs. 10 and 11.

(g) Reg. v. Bathgate, 13 L. C. J. 299.

established according to the provisions of law; for the meaning of the word "warehouse" is clearly defined by the Customs Act, and it would be matter of proof as to whether the building alluded to comes within that definition or not. Nor is it necessary to allege that the goods had been marked and stamped in accordance with the requirements of the Act, for the security of the revenue of Canada, nor that the goods had previously been duly entered for warehousing, in accordance with the provisions of law, nor to allege by whom the goods were kept in the warehouse, for not one of these statements is required by the Statute; and, moreover, in official matters, all things are presumed to have been properly done. An allegation that the goods were fraudulently removed implies sufficiently that they were not legally cleared from, etc. (a)

On a Statute somewhat similar to the 31 Vic., c. 6, s. 91 (using, however, the words "information on oath shall be given"), it was held that, to justify the breaking open of a building, there should have been, first, a written information on oath; and, second, the actual presence of the Justice at the breaking, so that the parties may understand the demand for admittance comes from the Justice, by virtue of his legal authority, and magisterial character. (b)

The grounds for holding a written informatiou necessary were: the object of the information being to authorize the forcible breaking of a man's house, something is required to protect the Justice if sued for the entry jointly with the officer; and the person, whose house is broken into, is entitled to know distinctly what the information was on which the Justice acted; and proper evidence is

(a) Reg. v. Bathgate, supra.
(b) Reg. v. Walsh, 2 Allen, 387.

required of these, and also to shew that the information is authorized by the Act. (a)

Not opening a door, after a proper demand, is a sufficient denial within the Act. If the breaking open is unlawful, and the officer is concerned therein, he cannot justify the seizure of smuggled goods found within the building; but if a party, not concerned in the unlawful breaking, seized the goods, the case might be different. Semble that an order to enter given to a police officer, present with the revenue officer, would be sufficient, and that he would be presumed to be acting in aid. (b) If the door be closed, and admission denied, then the Act clearly intends that the Justice should be the person to demand admittance, and to declare the purpose for which the entry is demanded. Possibly he might do this by the mouth of the officer, but it should be done in such a way as to be well understood as coming from the Justice, by virtue of his legal authority, and magisterial character. (c)

An indictment for smuggling, under the (N. B.) Rev. Stat., c. 29, s. 1, charged, in the several counts, (1) that the defendant unlawfully landed alcohol, subject to duty, and thereby smuggled the same; (2) that defendant unlawfully landed alcohol, subject to duty, without reporting to the Treasurer, and thereby smuggled, etc.; (3) that the defendant landed the alcohol without a permit, and thereby smuggled; (4) that the defendant landed alcohol without paying the duties:-Held (1) that the indictment was insufficient, as the mere unlawful landing of goods, without alleging any intent to defraud the revenue, did not constitute the offence of smuggling; (2) that the landing of goods, without reporting them to the

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Treasurer, or without obtaining a permit, though it subjected the party to a penalty, did not amount to smuggling; (3) that the mere landing of goods, without a previous payment of duty, is not a breach of the revenue laws, as the duty might be secured as pointed out in the Act; and the fourth count was bad, in not negativing the fact that the duties were secured. (a)

The Colonial Legislature has power to impose additional grounds of forfeiture, for breach of the revenue laws, on goods subject to forfeiture, under an Act of the Imperial Parliament. (b)

In the Atty. Genl. v. Warner, (c) the question was raised, but not decided, whether an information would lie under the 66th clause of the Imp. Act 8 & 9 Vic., c. 93, where the party informed against was a person shewn not to have transported or harboured the goods of another, but his own goods, smuggled by himself, on his own account.

By this Stat. 8 & 9 Vic., c. 93, gunpowder is prohibited from being imported into the British possessions in America, except from the United Kingdom, or some British possession. Gunpowder coming from a foreign country cannot be proceeded against as a non-enumerated dutiable article under the Provincial Revenue Act, 11 Vic., c. 1, for being imported into the Province, at a place not a port of entry, contrary to the Act 11 Vic., c. 2, s. 21. It is liable to seizure and forfeiture, under the 17th section of that Act, for being landed without entry at the Treasury. (d) Spirits in casks, less than 100 gallons, are liable to forfeiture, under the 11 Vic., c. 67, though the vessel in which they were imported is over 30 tons register. (e)

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In an information for the condemnation of goods as illegally imported, it is allowable, under a plea that they were not imported moda et forma, to shew that the goods were landed through stress of weather. (a)

In an information, at the suit of the Crown, for goods seized at the Custom-House, there must have been a substantive allegation that the goods were imported and brought in in violation of the Custom-House regulations, and the omission of the words "against the form of the Statute" was fatal. (b)

So in an information by the Solicitor-General, pro Regina, for a forfeiture grounded on the importation of goods into the Province without payment of duties, the omission of the words "against the form of the Statute" was held fatal. (c) The omission of these words is probably cured by the 32 & 33 Vic., c. 29, s. 23.

In an information for a penalty under the Customs Act, 3 & 4 Wm. 4, c. 59, for knowingly harbouring smuggled goods, the scienter is a proper question for the jury; and in such information, the particular illegal act, as that the goods were imported without payment of duties, etc., should be specified, and the information should expressly shew that the offence charged to have been committed was contrary to the form of the Statute, and saying merely that the Statute gives a right to the penalty is not enough. (d)

If a quantity of smuggled goods are purchased at one time, but seizures of them are made at different times, only one penalty for harbouring them can be recovered. (e)

An entry at the Custom House declared that the packages contained articles not subject to duty, but some

(a) Atty. Genl. v. Spafford Draper, 333.
(b Solr. Genl. v. Darling, 2 L. C. R. 20.
(c) Solr. Genl. v. Carter, 1 L. C. R. 20.
(d) Reg. v. Aumond, 2 U. C. Q. B. 166.
(e) Ib.

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