OF NEW BRUNSWICK. 127 



Lieutenant-Governor in Council may nevertheless direct that any 

 vessel, boat or goods seized and forfeited shall be reserved for the 

 public service or desl roved. 



VII. All penalties and forfeitures imposed by this Act shall be 

 prosecuted and recovered in the Supreme Court. 



VIII. It' any «;oods, ssel, or boat shall be seized as forfeited under 

 this Act, the Judge of the said Court, with the consent of the persons 

 - [zing the same, may order re-delivery thereof on security by bond 

 to Her Majesty, to be made by the party claiming the same with two 

 sui in case the property is condemned, the value thereof shall 

 be paid into the Court, and distributed as above directed. 



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

 name of Her Majesty, and shall be prosecuted by the Attorney- 

 General, or, in his absence, by the Solicitor-General. If a dispute 

 arise whether any person is authorized to seize under this Act, oral 

 evidence may be heard thereupon. 



X. If any seizure take place under this Act, and a dispute arise, the 

 proof touching the illegality shall be upon the owner or claimant. 



XI. Xo claim to anything seized under this Act, and returned into 

 the said Court for adjudication, shall be admitted unless the claim be 

 entered under oath, with the name of t lie 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 knowledge and belief, before any Justice of the Peace. 



XII. No person shall enter a claim to anything seized under this 

 Act, until security shall have been given in a enalty not exceeding 

 sixty pounds, t<> answer and ay costs occasioned by such claim, 

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

 forfeited, and shall •• i ondemned. 



XIII. No w iil shall be sued out against any officer or other ; erson 

 authorized to seize under this Act, for anything done thereunder, 

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

 his usual lace le by the person intending to sue oul such writ, 

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

 of action, the name ami place of abode of person who is to ' ring the 

 action, and of his attorney or agenl ; and no evidence of any cause of 



action shall be admitted, excepl such as shall be contained ill the 



aol ice. 



XIV. Every such action shall be brought within three months 

 aft<T the cause i hereof has arisen. 



XV. If on .-hi;, information or suit broughl to trial under this 

 \h. on acco nut of b izure, judgment shah be given for the 



claimant, and the judge or court shall cert ify on the record that t here 



\va al I" cause of seizure, the claimant shall not recover costs, 



and the ho made the seizure shall not be liable to anv in- 



dictment or suit on account thereof. And if any suit or rosecution 

 be brought againsl any erson on account of such seizure, and 

 judgment shall be given against him, and the Judge or Court shall 



certify I 1 as probable Cause lof the seizure, then the ! laintilf. 



besides the thin/ seized or its value, shall not recover more than 

 two i enee damages, and no costs of suit; and the defendant shall 



Hot be tilled more • 1 1 ■' l II one -hillill"-. 



XVI. The seizing officer may, within one month after notice of 

 action received, tender amends to the party complainin . or his 



attorney or agent, and (lead such tender. 



