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Smuggle

Defined in 3 dictionaries — Black's (1910), Anderson (1889), Abbott (1879)

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The act, with intent to defraud, of bringing into the United States or with like intent, attempting to bring into the United States, dutiable articles, without passing the same or the package containing the same, through the custom-house or submitting them to the officers of the revenue for examination. 18 In S. St. at Large, 186 (U. S. Comp. St 1901, p. 2018). "The word is a technical word, baving a known and accepted meaning. It Implies something illegal, and ls inconsistent with an innocent intent. The idea conveyed by it is that of a secret introduction of goods, with intent to avoid payment of duties." U. S. v. Claflin, 13 Blatchf. 184, Fed. Cas. No. 14,79a

A Dictionary of Law

William C. Anderson · 1889

3 The act, with intent to defraud, of bringing or attempting to bring into the United States dutiable articles without passing them, or the package containing them, through the custom-house, or submitting them to the officers of the revenue for examination.* Implies something illegal, and is inconsistent with an innocent intent. Conveys the idea of a secret introduction of goods, with intent to avoid payment of duty.* An article found secreted in baggage will.be forfeited, and a penalty of treble the value imposed.' In other cases the penalty is of a sum of equal or double the value. The penalty for making or attempting to make an entry of merchandise by means of a false invoice, certificate, etc., is forfeiture of the merchandise; ' or the value of the property may be recovered by suit.» See Moiety. If particular goods were actually smuggled or I Williams v. Pullman's Palace Car Co., Sup. Ct. La. (1888), cases. The plaintiff entered a car to ask to be permitted to wash his hands, and, without provocation, was beaten by the porter. s Anderson v. Munch, 29 Minn. 416 (1882), Mitchell, J. " Scan, smug-, to creep through a hole,

Skeat. • [Act 22 June, 1874, § 4: 1 Sup. E. S. 77. 'United States v. Claflin, 13 Blatoh., 184 (1875), Benedict, J.; Stookwell v. United States, 13 Wall. 546 (1871). «E. S. §2802. ' E. S. § 2864, cases. 17 Blatch. 138 brought in by fraud, the government is entitled to a decree o£ forfeiture under the act of June 33, 18T4, § 12, notwithstanding the claimant may have pm-chased in good^aith and for full value.' As an indictable oftense, punishable by a flue of as much as five thousand dollars, and with two years imprisonment, either or both.^ SilVAKE. A bill pending before a legislative body, which, while introducing a general rule of law, is especially designed to change the law in relation to some matter then in controversy, to the advantage of the originator or supporters of the bill. Compare RiDEE.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

To transport dutiable merchandise in such a manner as to defraud the revenue out of the duty or tax upon it. Smuggler: one who makes it a practice of defrauding the revenue, by stealthily carrying merchandise past the revenue officers, without payment of duty or tax. Smuggling: fraudulently carrying dutiable merchandise past the officers of the revenue, without paying duty or tax. Smuggled: brought into consumption without payment of lawful duty or tax, by fraudulent means. As these words have generally been used in the United States, they present the idea of an evasion of the laws imposing duty on imported goods; but they are probably not confined to importation. Tomlins says that smuggling is the offence of importing or exporting goods, without paying the duties imposed thereon by the custom or excise laws, wheieby the revenue is defrauded. And Wharton defines it as the offence of importing prohibited articles, or of defrauding the revenue by the introduction of articles into consumption, without paying the duties chargeable upon them; and says that it may be committed indifferently, either upon the excise or customs revenue. Throughout the commercial history of the United States there has been but little legislation imposing duties on exportation of merchandise, and only for a recent period have taxes on internal production been notable. Hence there has been little occasion to use " smuggle," except in reference to importations; but it may well have the broader meaning. It may, perhaps, extend to importing, exporting, or manufacturing goods concalled in England, the customs or excise laws; that is to say, perhaps a person who stealthily imports lewd and indecent pictures, the importation of which is not made subject to duty by the acts of congress, but is absolutely prohibited, is to be deemed a smuggler. But this point is doubtful, and it is very difficult to combine this element in one definition with all the others. And smuggling is not necessarily committed for the pm-pose of selling the goods: one who imports, &c., goods for his own use, without paying duty, may well be said to smuggle them; and, if he is not well termed a smuggler, it is because he does not make a practice or business of such importations: he is a smuggler pro hac vice, although the goods are not intended for market. Smuggle is a technical word. It implies something illegal, and is inconsistent with an innocent intent The idea conveyed by it is that of a secret introduction of goods, with intent to avoid payment of duty. {Stat. 16 ^ 17 Vict. ch. 107, § 244; Act of June 22, 1874, 18 Stat, at L. 186.) United States V. Claflin, 13 Blatchf. 178. SOCIETAS; SOClilTE. The civil and French law terms corresponding to partnership. Every sociM is either umverse Ue, being either of all present property, or of all future gains; or particuliere, being a particular contract for one definite enterprise. Generally, the modes and consequences of a dissolution of a society are the same as for that of a partnership in English law. Broum. Societas leonina. A leonine partnership. In the Roman law, this term indicated a partnership in which the entire profits were to belong to some of the partners, to the exclusion of the others. It was so called in allusion to the fable of the lion and other animals, who, having entered into partnership for the purpose of hunting, the lion appropriated all the prey to himself. It was void. Wha7-ton. Societe anonyme. Seems to correspond to the limited partnership of our law. Societe en commandite. Seems to correspond to the special partnership of our law.