1 2 [ LEGISLATIVE ACTS, PROCLAMATIONS, ETC., 



I >ds, ve ' ■ i I boats, seized as liable to forfeiture under this 

 chapter, shall be fori hwith delivered into the custody of the officers of 



the colonial revenue next to the place where seized, to be secured and 

 kept as other vessels, boats, and goods seized, are directed to be 

 secured and kept by law. 



6. All snoods, vessels, and boats, condemned as forfeited under this 

 chapter, shall, by direction of the principal officer of the colonial 

 revenue where the seizure shall have been secured, be sold at public 

 auction, and the produce of such sale shall be applied as follows: the 

 amount chargeable for the custody of the property seized shall first 

 be deducted, and paid over for that service, one half of the remainder 

 shall be paid to the officer or person seizing the same without deduc- 

 tion, and the other half, after first deducting therefrom all costs 

 incurred, shall be paid into the treasury of the province; but the 

 board of revenue may nevertheless direct that any vessel, boat or 

 goods, seized and forfeited, shall be destroyed or reserved for the 

 public service. 



7. All penalties and forfeitures hereunder shall be prosecuted and 

 recovered in the court of vice admiralty. 



8. If any goods, vessel or boat, shall be seized as forfeited under 

 this chapter, the judge of the vice-admiralty, with the consent of 

 the persons seizing the same, may order re-delivery thereof, on 

 security by bond, to be made by the party, with two sureties, to the 

 use of her majesty. In case the property shall be condemned, the 

 value thereof shall be paid into the court, and distributed as above 

 directed. 



9. All suits for the recovery of penalties or forfeitures shall be in the 

 name of her majesty, and shall be prosecuted by the advocate general, 

 or in case of his absence by the solicitor general. If a dispute arise 

 whether any person is authorized to seize uncb,r this chapter, oral 

 evidence may be heard thereupon. 



10. If any seizure take place under this chapter, and a dispute 

 arise, the proof touching the illegality thereof shall be upon the 

 owner or claimant. 



11. No claim to any thing seized under this chapter, and returned 

 into the court of vice admiralty for adjudication, shall be admitted, 

 unless the claim be entered under oath, with the name of the owner, 

 his residence and occupation, and the description of the property 

 claimed, which oath shall be made by the owner, his attorney or 

 agent, and to the best of his kuowledge and belief. 



12. No person shall enter a claim to any thing seized under this 

 chapter until security shall have been given in a penalty not exceed- 

 ing sixty pounds to answer and pay costs occasioned by such claim, 

 and in default of such security the things seized shall be adjudged 

 forfeited and shall be condemned. 



13. No writ shall be sued out against any officer or other person 

 authorized to seize under this chapter for any thing done thereun- 

 der, until one month after notice in writing, delivered to him or left 

 at his usual place of abode by the person intending to sue out such 

 writ, his attorney or agent in which notice shall be contained the 

 cause of action, the name and place of abode of the person who is 

 to bring the action, and of his attorney or agent, and no evidence 

 of any cause of action shall be produced except such as shall be con- 

 tained in such notice. 



