ATTORNEY-GENERAL v. HUNTER.

(1948) 82 Ll.L.Rep. 554

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Smuggling - Ship - Forfeiture of ship, binnacle and compass-Offences against Customs Consolidation Act, 1876- Disputed nationality of owner - Whether nationality a relevant circumstance - Transhipment of uncustomed goods outside statutory territorial limits-Limits assigned by Regulations made under Act-No extension without licence - Regulations not applicable "to boats and vessels exclusively used as private yachts" - Whether confiscated ship was exclusively used as a private yacht-Motor vessel Taku (a decked boat of 38 gross tons) employed to transport liquor from France to a point more than three miles off the English coast, where liquor was transhipped to landing craft- Cargo put ashore by landing craft and loaded into lorry-Lorry stopped by Customs officials, who seized liquor, binnacle and compass found on board- Intention that Taku after transhipment should proceed to French port, but in fact, owing to engine trouble, taken to Portsmouth, where she also was seized- Forfeiture of Taku and of binnacle and compass sought by Crown-Plea by defendant owner that he was an American citizen and that question of forfeiture did not arise-Customs Consolidation Act, 1876, Sects. 169 (and Regulations made thereunder), 170, 172, 179, 202.