OF NOVA SCOTIA. 121 



divided into two equal moieties, one of which shall be paid to the 

 officer or other person or persons legally seizing the same, without 

 deduction, and the other moiety to the government, and paid into 

 the treasury of this province, all costs inclined having been first 

 deducted therefrom. Provided always, That it shall be lawful for 

 the commissioners of the revenue to direct that airy of such tilings 

 shall be destroyed or reserved for the public service. 



V. And be it further enacted, That all penalties and forfeitures 

 which may be hereafter incurred under this act, shall and may be 

 prosecuted, sued for and recovered in the court of vice-admiralty 

 having jurisdiction in this province. 



VI. And be it further enacted, That if any goods, or any ship, 

 vessel or boat, shall be seized as forfeited under this act, it shall be 

 lawful for the judge or judges of any court having jurisdiction to 

 try and de t ermine such seizure, with the consent of the person 

 seizing the same, to order the delivery thereof, on security by bond, 

 with two sufficient sureties to be first approved by such seizing 

 officer or person, to answer double the value of the same in case 

 of condemnation, and such bond shall be taken to the use of his 

 Majesty, in the name of the collector of the customs in whose cus- 

 tody the goods or ship, vessel or boats may be lodged, and such 

 bond shall be delivered and kept in the custody of such collectors; 

 and in case the goods or the ship, vessel or boat shall be condemned, 

 the value thereof shall be paid into the hands of such collector, who 

 shall cancel such bond, and distribute the money paid in such man- 

 ner as above directed. 



Yll. And be it further enacted, That no suit shall be commenced 

 for the recovery of any penalty or forfeiture under this act, except 

 in the name of his Majesty, and shall be prosecuted by his Majesty's 

 advocate <>r attorney general, or, in his absence, by the solicitor 

 genera] for this province; and if any question shall arise, whether 

 any person is an officer of the customs or excise, sheriff, magistrate, 

 or other person authorized to seize as aforesaid, viva voce evidence 

 may be given of such facts, and shall be deemed legal and sufficient 

 evidence. 



VII J. And be it further enacted, That if any goods, ship, vessel or 

 boat shall be seized for any cause of forfeit lire under t his act, and any 

 dispute Bhall arise whether the same have been lawfully seized, the 

 proof touching the illegality thereof shall lie on the owner or claimant 

 of such goods, ship, vessel or boat, and not on the officer or person who 

 shall seize and stop t be same. 



IX. And be it further enacted, That no claim to anything seized 

 under this act, and returned into his Majesty's courl of \ ice-admiralty 

 for adjudication, shall be admitted, unless such claim be entered in the 

 n.niie of the owner, with his reside nee and occupation, i ior unless oath 

 to the property in such thing l>e made by the owner or by his attorney 

 or a gen i by whom such claim shall be entered, to the best of his knowl- 

 edge and belief; and every person making a false oal h t hereto shall be 



deemed guilty of a mi- >lr ;i h< >r. and shall he liable to the pains and 



penalties to which persons are liable for a misdemeanor. 



X. And he it further enacted, Thai no person hall be admitted to 

 enter a claim to anything seized in pur uance of this act, and prose- 

 cuted in tin Province, until sufficient lecurity shall have been given 

 in t he coi ni where such seizure is prosecuted, in a penalt) uo1 exceed- 



