130 LEGISLATIVE ACTS, PROCLAMATIONS, ETC., 



the Treasury of this Island — all costs incurred having boon first 

 deducted therefrom: provided always, thai it shall be lawful for the 

 Lieutenant-Governor in Council to direct that any of such things 

 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 island. 



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 determine such seizures, with the consent of the person seiz- 

 ing 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 condemna- 

 tion", and such bonds shall be taken to the use of Her Majesty, in 

 the name of the Collector of the Customs, in whose custody the goods, 

 or ship, vessel or boat may be lodged, and such bond shall be delivered 

 and kept in the custody of such Collector; and in case the goods, or 

 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 manner as is above directed. 



VII. 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 Her Majesty, and shall be prosecuted by Her Majesty's 

 Advocate or Attorney-General, or in his absence, by the Solicitor- 

 General, for this Island; and if any questions shall arise, whether 

 any person is an officer of the Customs, Excise, Sheriff, Magistrate, 

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

 ma}^ be given of such fact, and it shall be deemed legal and sufficient 

 evidence. 



VIII. And be it further enacted, that if any goods, ship, vessel, 

 or boat shall be seized for any cause or forfeiture under this Act, 

 and any dispute shall arise whether the same have been lawfully 

 seized, the proof touching the illegality thereof shall be on the owner 

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

 or person who shall seize and stop the same. 



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

 under this Act and returned into Her Majesty's Court of Vice-Admi- 

 rality for adjudication, shall be admitted, unless such claim be entered 

 in the name of the owner, with his residence and occupation, nor 

 unless oath to the property in such thing be made by the owner, or 

 by his attorney or agent, by whom such claim shall be entered, to the 

 best of his knowledge and belief, and every person making a false 

 oath thereto shall be deemed guilty of a misdemeanor, and shall be 

 liable to the pains and penalties to which persons are liable for a 

 misdemeanor. 



X. Aud be it further enacted, that no person shall be admitted to 

 enter a claim to anything seized in pursuance of this Act, and prose- 

 cuted in this island, until sufficient security shall have been given in 

 the Court where such seizure is prosecuted in a penalty not exceeding 

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

 and in default of giving such security, such things shall be adjudged 

 to be forfeited, and shall be condemned. 



