STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1035 



IV. And be it further enacted, That all Goods, Ships, Vessels, Boats 

 or other thing, which shall have been condemned as forfeited under 

 this Act, shall, under the direction of the principal Officer of the Cus- 

 toms or Excise, where such seizures shall have been secured, be sold 

 by Public Auction to the best bidder, and the produce of such sale 

 Jiall be applied as follows, that is to say: the amount chargeable 

 for the custody of said Goods, Ship, Vessel, Boat or any other thing 

 so seized as aforesaid, shall be first deducted and paid, and the residue 

 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 incurred having been first 

 deducted therefrom. Provided always ? that it shall be lawful for 

 the Commissioners of the Revenue to direct that any of such things 

 shall be destroyed or reserved for the public service. 



V. And l>e 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 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 Bond shall be taken to the use of His 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 de- 

 livered and kept in the custody of such Collector, 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 can- 

 cel such Bond, and distribute the Money paid in such manner as 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 His Majesty, and shall be prosecuted by His Majesty's 

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

 General for this Province, and if any question 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 

 may be given of such fact, and 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 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 the same. 



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

 under this Act, and returned into His Majesty's Court of Vice- Ad- 

 miralty 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 



