The Express.
London, England, 1866-09-27 00:00:00

THE POLICE COURTS.

MANSION-HOUSE.

Mr. George Breen, a Custom-house agent, attended
before the Lord Mayor to answer • complaint made against
him at the instance of the Commissioners of Customs for
having unlawfully made • false description of certain fish
that was to be exported to Rotterdam, whereby he had in-
curred a penalty of 100 f. Mr. Beverly, the assistant soli-
citor to the Board of Customs, attended to support the
complaint.
The case stood over from • previous day, when it ap-
peared that on the 6th inst. the defendant presented
at the Custom-house a declaration that a box of salmon
was to be sent to Rotterdam by the Waterloo steamer. He
was told that salmon could not be legally exported between
the lit of September and the lit of February, and he took
away the document, and subsequently brought another,
which represented that the article he wished to have taken
was a box of turbots, and he signed a declaration to that
effect. In consequence of some suspicion that was enter-
tained, the Custom-house authorities directed the box to
be opened, and it was found to contain salmon, and the
present proceedings were taken against the defendant by
order of the commissioners of customs, the object of the
act of parliament being not only to prevent the falsification
of customs documents, but also to protect the public from
being damaged by the taking of fish out of season.
The defendant declared that he had acted innocently in
the matter, and he asked for time in order to produce a
witness who, he said, would prove that he was told that the
box contained turbots, and that he was entirely ignorant of
its actual contents. . .

Mr. Briggs, a fish salesman in Billinsgate, was now ac-
cordingly called as a witness by the defendant.
He said that he told the defendant that the box con-
tained turbots, and he knew nothing of his having re-
presented that it contained salmon. He admitted, how-
ever, that he had requested the defendant to procure the
necessary papers for the exportation of a box of salmon on
the same morning, and that he told him the custom-house
authorities would not permit him to do so unless he pro-
duced a certificate that the fish was taken within the legal
time.

The Lord Mayor told the defendant that he appeared to
have brought a very unfortunate witness, for instead of
disproving he appeared to have proved the ease against

The defendant still declared that the fact was as he had
stated, and said that all he got for the duty he had to per-
form was Is. 6d., and it was not likely he would have in-
curred a penalty of 100/.
The Lord Mayor, having referred to the act of parlia-
ment, said that be found the penalty was 100/., and that
he had no power to reduce it below 251. He asked Mr.
Beverly what course the commissioners wished him to
take in the matter.

Mr. Beverly said that the Board of Customs felt it their
duty to put tha law in force, as it was of very great im-
portance that official documents of this description should
not be falsified. He therefore had to ask for a conviction.
The defendant had memorialised the board upon the sub-
ject, but they did not consider the facts stated by him
sufficient to warrant them in withdrawing from the prose-
cution.

The Lord Mayor said as this was the ease he had no
alternative but to order the defendant to pay a penalty of
25/., hut he thought it right to say at thr same time that
he believed the defendant had acted innocently.

.
Mr. Beverley said be wouldreport theopinion of the Lord
Mayor to the commissioners, and be had no doubt they
would give effect to the observations that he bad made.
The defendant said he could not pay the money, and he
was consequently ordered to stand committed until he
should do so, or the commissioners of customs should
interfere in the matter.