1046 APPENDIX TO BRITISH CASE. 



shall not act as collector of light duties thereat, or in any way concern 

 himself in the collection of such light duties, any thing hereinbefore 

 contained to the contrary notwithstanding. 



V. And be it enacted, That no Ship or Vessel shall be permitted 

 or suffered to clear out at the Custom House from any Port, Harbor, 

 Out Port, or Place, in this Province, until the master or Commander, 

 or other person having charge or command of such Ship or Vessel 

 shall have paid the Duties hereby imposed on such Ship or Vessel. 



VI. And be it enacted, That if any collector, sub-collector, or other 

 person, shall be sued or prosecuted for or by reason of any thing by 

 such collector, sub-collector, or other person, done or committed under 

 and in pursuance of this Act, it shall and may be lawful for such 

 collector, sub-collector, or other person, to plead the general issue, 

 and to give this Act and the special matter in evidence. 



VII. And be it enacted, That nothing in this Act shall extend, or 

 be construed to extend to any of Her Majesty's Ships of War. or Her 

 Majesty's Packets, or to any ship or vessel actually engaged and em- 

 ployed as a transport or store ship for the transport or conveyance of 

 Her Majesty's troops or military stores, or otherwise in the employ- 

 ment or service of Her Majesty's Government. 



VIII. And be it enacted, That all monies collected and received 

 under and by virtue of this Act, shall be paid by the several collec- 

 tors, sub-collectors, or other persons collecting and receiving the same, 

 after deducting thereout five pounds per cent on the amount received, 

 to be retained by the said collectors, sub-collectors, or other persons 

 respectively, as and for their commission for receiving the same, into 

 the Treasury of this province, to be applied as hereinafter mentioned. 



IX. And be it enacted, That if any master or commander, or other 

 person having charge or command of any ship or vessel coming or 

 being in any port, harbor, or place, or in the strait of Canso in this 

 province, which shall be liable to pay any duties under this Act, shall, 

 upon the same being demanded, refuse to pay the said duty or duties, 

 or shall depart from such port, harbor, or place, or the strait of 

 Canso, in this province, without first paying the said duty or duties, 

 such master, commander, or other person having charge or command 

 of any such ship or vessel, shall forfeit and pay over and above the 

 said duty or duties, the penalty or sum of five pounds, to be recovered, 

 together with the said duty or duties, by bill, plaint, or information, 

 at the suit of the collector or sub-collector of the customs, or in case 

 of there being no such collector or sub-collector, at the suit of thb 

 collector of impost and excise, or collector of light duties, in any 

 court of record in this province, or before any two of Her Majesty s 

 Justices of the Peace one half of such penalty to be paid to the col- 

 lector or other person who shall sue for the same, and the other half 

 to be by him paid and applied in the like manner as the duties hereby 

 imposed are directed to be paid and applied. 



A. And be it enacted, That if any master or commander, or other 

 person having charge or command of any ship or vessel liable to pay 

 any duty or duties under this Act, shall neglect or refuse to pay such 

 duty or duties, after the same shall have been duly demanded, it shall 

 and may be lawful for the collector or sub-collector of the customs, or 

 if there be no such collector or sub-collector, for the collector of im- 

 post and excise, or collector of light duties, to seize and take posses- 

 sion of, and detain in his custody such ship or vessel, until the said 



