STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1053 



rine miles of any of th coasts or harbours thereof, and stay on board 

 so long as she may remain within such place or distance. 



2. If such vessel or boat be bound elsewhere, and shall continue 

 within such harbour, or so hovering for twenty four hours after the 

 master shall have been required to depart, any one of the officers or 

 persons above mentioned may bring such vessel or boat into port, and 

 search her cargo, and also examine the master upon oath ; and if the 

 master or person in command shall not truly answer the questions 

 demanded of him in such examination, he shall forfeit one hundred 

 pounds ; and if there be any prohibited goods on board, then such ves- 

 sel or boat and the cargo thereof shall be forfeited. 



3. If the vessel or boat shall be foreign, and not navigated according 

 to the Laws of Great Britain and Ireland, and shall be found fishing, 

 or to have been fishing, or preparing to fish, within three marine 

 miles of such coasts or harbours, such vessel or boat, and the cargo, 

 shall be forfeited. 



4. All goods, vessels, and boats liable to forfeiture, may be seized 

 and secured by any of such officers or persons so appointed; and 

 every person opposing them, or any one aiding such opposition, shall 

 forfeit two hundred pounds. 



5. Goods, Vessels, and boats seized as liable to forfeiture under 

 this Act, shall be forthwith delivered into the custody of the Officers 

 of the Provincial Revenue next to the place where seized, to be 

 secured and kept as other vessels, boats, and goods seized, are directed 

 to be secured and kept by law. 



6. All goods, vessels, and boats condemned as forfeited under this 

 Act shall, by direction of the principal Officer of the Provincial 

 Revenue where the seizure shall havei)een secured, be sold at public 

 auction, and the produce of such sale shall be applied as follows : the 

 amount chargeable for the custody of the property seized shall first 

 be deducted, and paid over for that service ; one half of the remain- 

 der shall be paid to the officer or person seizing the same, without 

 deduction; and the other half, after first deducting therefrom all 

 costs incurred, shall be paid into the Treasury of this Province; but 

 the Lieutenant Governor in Council may nevertheless direct that any 

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

 public service, or destroyed. 



7. All penalties and forfeitures imposed by this Act shall be prose- 

 cuted and recovered in the Supreme Court. 



8. If any goods, vessel, or boat shall be seized as forfeited under 

 this Act, the Judge of the said Court, with the consent of the per- 

 sons seizing 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 sureties. In case the property is condemned, the value 

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



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

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

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

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

 dence may be heard thereupon. 



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

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



11. No claim to any thing seized under this Act, and returned into 

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



