OF THE DOMINION OF CANADA. 147 



(a) such ship, vessel, or boat not bringing to when required so 

 to do in the King's name, as by this Act provided; or, 



(b) the throwing overboard, staving or destroying by any per- 

 son on board any such ship, vessel, or boat during chase by any 

 Government cruiser or vessel, or before such ship, vessel, or boat 

 brings to, after being required so to do in the King's name, of any 

 part of her cargo to prevent seizure; 



may, in addition to any other remedy provided by law, be commenced 

 and prosecuted under the procedure provided by the Customs Act, in 

 so far as the same is applicable. 



(2) The proceeds of such penalties and forfeitures shall be dealt 

 with in the same manner as the proceeds of penalties and forfeitures 

 under the laws relating to the Customs. 61 V., c. 38, s. 4. 



15. All goods, ships, vessels and boats, and the tackle, rigging, 

 apparel, furniture, stores and cargo liable to seizure or forfeiture under 

 this Act, may be seized and secured by any of the officers or persons 

 hereinbefore authorized to go on board of, search or pursue a ship, 

 vessel or boat. R. S., c. 94, s. 4. 



16. All goods, ships, vessels and boats, and the tackle, rigging, 

 apparel, furniture, stores and cargo seized as liable to forfeiture under 

 this Act, shall be forthwith delivered into the custody of such fishery 

 officer, or Customs officer, or other person, as the Minister of Marine 

 and Fisheries, from time to time, directs, or shall be retained by the 

 officer making the seizure in his own custody, if so directed by the 

 Mi'iister; and, in cither ease, shall be secured and kept as other goods, 

 ships vessels and boats, and the tackle, rigging, apparel, furniture, 

 si mics and e;ir_ r <> seized are directed by the laws in force in the province 

 in which the seizure is made, to be secured and kept. K. S., c. 94, s. 5. 



17. All goods, vessels ;ind boats, and the tackle, rigging, apparel, 

 furniture, -tores and cargo condemned as forfeited under this Act, 

 shall, under regulations made from time to time by the Governor 

 in Council, he sold bj public auction, by direction of the officer who 

 ha- the custody thereof: Provided that the Governor in Council may 

 direct that any goods, vessels or boats and the tackle, rigging, apparel, 

 furniture, stores and cargo seized and forfeited shall be destroyed or 

 he reserved lor the public service. 



(2) The proceeds of every such sale shall he subject to the control 

 of the Minister of Marine and Fisheries, who shall first pay thereout 

 all necessary costs and expenses of custody and sale; and the Gov- 

 ernor in Council may from time to time apportion three-fourths or 

 less of the net remainder among the officers ami crew of any of Mis 

 Majesty's ships or Canadian Government vessels from on hoard of 



which the seizure as made as he thinks right, hut he shall reserve 

 to the CrOWIl and pay Over to the Minister <>f Finance at least one- 

 fourth of such net remainder to form pari of the Consolidated Revenue 

 Fund of ( lanada. R. S., c. 9 l, s. 6. 



iv Every penalty or forfeiture under this Act may he recovered or 

 enforced in the Exchequer Court of Canada on its Admiralty side, 



or in any superior court in the province within which the cause of 



prosecution arose. R. S., <•. 94, ss. 7 iV: 20. 



19. The Judge of the Exchequer Courl on its Admiralty side or 



any local judge iii Admiralty, or any judge of any superior court 



in which the cause is pending, may, with the consent of the person 

 who seizes any goods, ship, vessel or boat, ami the tackle, ngging, 



92909°— S. Doc. 870, 6] 8, vol 2 — 11 



