STATUTE. proof that only a passenger. smugglers. the shore of the United Kingdom, in similar circum- CONSOLIDATION stances, is liable to imprisonment with hard labour, for not less than six or more than nine months, and for a second offence, for not less than nine or more than twelve months; unless he prove to the satisfaction of the Justice(s) that he was only a passenger, Exemption if and had no interest in the vessel or goods. § 244. Any person who, between sunset and sunrise, from 21st Sept. to 1st April, or between eight o'clock evening and six o'clock morning, during the rest of the year, makes or assists to make signals from any ship or boat, Signals to or from shore, to give notice to any person on board a smuggling ship or boat, whether the distance admit of the signal being seen or not, is liable, at the discretion. of the Justice before whom he is brought, to be imprisoned with hard labour for a term not exceeding one year. The burden of proving that the signal was not made with such intent lies on the accused (1). § 247. Persons assembled to the number of three or Assembling to more to unship, convey, or conceal spirits or tobacco, tea or silk, liable to forfeiture (the tea or silk being of value of £10 or more), and persons procuring or hiring or hiring to do any person(s) to assemble to aid in unshipping, &c., any prohibited goods, the duty on which has not been paid or secured, or authorising another so to procure or hire, and persons obstructing officers of the naval or officers. excise service or persons aiding them, or duly employed in the prevention of smuggling, in their duty, or rescu- Rescue or ating, or attempting to rescue, goods seized, or destroying or destruction of or attempting to destroy goods to prevent seizure, are liable to imprisonment with hard labour for not less than six or more than nine months for a first offence, and not less than nine or more than twelve months for a second offence. § 248. Persons numbering three Assemblage to or more, assembled, with fire-arms or other offensive goods or rescue weapons, within the kingdom, or in any port, harbour, prehension. 1 § 245. convey goods, Or obstructing tempted rescue goods. convey or rescue or prevent ap STATUTE. ventive vessel within 100 leagues of coast, or at officers. CONSOLIDATION or creek thereof, in order to assist, or who actually do assist and abet in the illegal landing, receiving, or carrying away prohibited goods, or goods the duty on which has not been paid or secured, or in rescuing such goods from the officer or his assistants, or from the place of deposit, after seizure, or in rescuing or preventing the apprehension of any person who has committed a felony under the Act, are liable to penal servitude for life or not less than fifteen years (1), or Shooting at pre- imprisonment not exceeding three years. § 249. Any person maliciously shooting at any royal or revenue vessel or boat within 100 leagues of the coast of the United Kingdom, or at any officer of the Queen's forces employed in preventing smuggling, and on full pay, or at any excise officer or person aiding him, or duly employed for the prevention of smuggling, in the execution of his duty, and any person aiding, abetting, or assisting, is liable to penal servitude for life, or not less than fifteen years, or to imprisonment not exceeding three years. § 250. Any person found in company with more than four others, with goods liable to forfeiture, or found with one other person, within five miles of the coast or any tidal river, and carrying offensive arms, or disguised in any way, is liable to guised near coast penal servitude for seven years. § 251. Any person forcibly or violently assaulting, resisting, or obstructing any officer of the Queen's forces, employed in preventing smuggling, and on full pay, or an excise officer, or other person duly employed in preventing smuggling, in the execution of his duty, is liable to penal servitude for seven years, or imprisonment with hard labour for not more than three years. § 268. Any person who has been convicted under the Customs Acts of any offence inferring a pecuniary penalty, may, for a second Persons found with four others with goods. With another armed or dis or tidal river. Assaulting or resisting. Second minor offences. 1 Penal servitude is substituted for transportation as to all offences under the Act by the Acts 20 and 21 Vict. c. 3 and 27 and 28 Vict. c. 47. similar offence, be imprisoned for not less than six or CONSOLIDATION more than twelve months. STATUTE. As regards all the above cases in which hard labour PUNISHMENTS. is directed to be inflicted, power is given to dispense with this, in the case of females, or infirm males (1). CORRUPT PRACTICES AT ELECTIONS. STATUTORY By statute the following acts are declared crim-OFFENCES. inal (2) :— First, giving gifts or loans to, or procuring employment, or giving promises of procuring or endeavouring to procure gifts or loans to or employment for, any voter or other person, in order to induce any voter to vote, or refrain from voting, or in consequence of such voter having voted or refrained from voting; or in order to induce any person to procure, or endeavour to procure, the return of a candidate, or the vote of a voter (3). Bribery. Corruptly endea ence election. Second, in consequence of such inducements, procur- vouring to influ ing, or promising, or endeavouring to procure the return of a candidate or the vote of a voter (4). Paying money Third, advancing or paying, or causing to be paid, for bribery. any money with intent that it be used for election bribery, or knowing it to be in repayment of money so expended (5). Receiving bribe. Fourth, directly or indirectly, receiving, or agreeing for gift or loan or employment on one's own account, or that of another, for voting or refraining from voting, or agreeing to vote or refraining from voting; or for having voted or refrained from voting, or induced another to vote or refrain from voting (6). Intimidating or Fifth, directly or indirectly using or threatening detaining or force, violence, or restraint, or inflicting or threatening 1 Act 16 and 17 Vict. c. 107, § 286. 2 17 and 18 Vict., c. 102, § 2. 3 § 2, parts 1, 2, 3. 4 § 2, part 4. 5 § 2, part 5. 6 § 3, parts 1, 3. abducting voter. STATUTORY PUNISHMENTS. Nomination and ballot papers, &c. PUNISHMENT. Corrupt practice at poll. injury or loss, or otherwise practising intimidation to compel another to vote or refrain from voting, or in consequence of his having voted or refrained from voting, or preventing or otherwise interfering with the free exercise of the franchise, or compelling, inducing, or prevailing on any voter to vote or refrain from voting, by abduction, duress, or any fraudulent device or contrivance (1). The punishment of offences under §§ 2 and 3 is fine and imprisonment, and under § 5 fine or imprisonment, with a further liability, in all cases, to forfeiture of a sum of money at the suit of any citizen. Forging or fraudulently defacing or destroying an election nomination paper, or uttering a forged nomination paper, or forging or fraudulently defacing or destroying any ballot paper, or the official mark on it, or without authority supplying a ballot paper to another; or fraudulently putting a ballot paper in a ballot box, not being the authorised ballot paper, or fraudulently taking a ballot paper out of a polling station, or without authority destroying, taking, opening, or interfering with a ballot box or packet of ballot papers, or attempts to do any of these acts, are offences involving a punishment of imprisonment for not more than two years in the case of officers or clerks in attendance at polling stations, and for not more than six months in the case of other persons, and in each case with or without hard labour (2). Further, any official or agent who during a poll communicates, except for an authorised purpose, information as to who has or has not voted, or as to the official mark, or any person interfering or attempting to interfere with persons voting, or attempting to obtain in the polling station information as to how a voter has voted or is to vote, or communicating at any time information obtained in a polling station as to 1 Act 17 and 18 Vict. c. 102, § 5. 2 Act 35 and 36 Vict. c. 33, § 3. whom a voter is about to vote for, or has voted for, or as to the number on the back of any ballot paper given to a voter, or directly or indirectly inducing a voter to display his ballot paper after marking it, so as to make known whom he has voted for or against, is liable to imprisonment not exceeding six months, with or without hard labour (1). STATUTORY OFFENCES. And any official or agent who at the counting of Or at counting. votes does not maintain and aid in maintaining secrecy as to the voting, or attempts to ascertain the number on the back of any ballot paper, or communicates information obtained at the counting as to the candidate for whom the vote is given in any particular paper, is liable to imprisonment not exceeding six months, with or without hard labour (2). Any person who applies for a ballot paper in name PERSONATION. of another whether living or dead, or of a fictitious person, or who, having voted, applies for a second paper in his own name, or who aids, abets, counsels or procures any of these things, is liable to imprisonment not exceeding two years, with or without hard labour (3). It is a crime and offence for any one who within AGENT VOTING. six months of an election for a county or burgh, has been employed for reward, as agent, canvasser, clerk, messenger, or a like employment, to vote at such election (4). 1 Act 35 and 36 Vict., c. 33, § 4. 2 Ibid. 3 Act 35 and 36 Vict. c. 33 § 24. |