1062 APPENDIX TO BRITISH CASE. 



abetting: any other person in any opposition, shall forfeit eight hun- 

 dred dollars, and shall be guilty of a misdemeanor, and upon con- 

 viction be liable to imprisonment for a term not exceeding two year-. 



5. 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 the Collector 

 or other principal officer of the Customs at the port nearest to the 

 place where seized, to be secured and kept as other goods, ships, 

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

 and cargo seized are directed by the laws in force in the Province 

 in which such port is situate to be secured and kept, or into such 

 other custody and keeping as the Governor in Council, or a court 

 of Vice- Admiralty shall order. 



6. All goods, vessels and boats and the tackle, rigging, apparel, 

 furniture, stores and cargo, condemned as forfeited under this Act 

 shall, by direction of the Collector or othar principal officer of the 

 Customs at the port where the seizure has Leen secured, be sold 

 at public auction; and the proceeds 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 remainder shall be paid without deduction to the officer 

 or person seizing the same ; and the other half, after first deducting 

 therefrom all costs incurred, shall be paid to the Receiver General 

 of Canada through the Department of Marine and Fisheries; but 

 the Governor in Council may, nevertheless, direct that any ship, 

 vessel, boat or goods and the tackle, rigging, apparel, furniture, stores 

 and cargo seized and forfeited shall be destroyed, or be reserved for 

 the public service. 



7. Any penalty or forfeiture under this Act may be prosecuted 

 and recovered in any court of Vice-Admiralty within Canada. 



8. The Judge of the court of Vice-Admiralty may, with the con- 

 sent of the person seizing any goods, ship, vessel or boat and the 

 tackle, rigging, apparel, furniture, stores and cargo, as forfeited 

 under this Act, order the re-delivery thereof, on security by bond 

 to be given by the party, with two sureties, to the use of Ih>r Majesty : 

 and in case any goods, ship, vessel or boat or the tackle, rigging, 

 apparel, furniture, stores and cargo so re-delivered is condemned 

 as forfeited, the value thereof shall be paid into court and distributed 

 as above directed. 



9. Her Majesty's Attorney General for Canada may sue for and 

 recover in Her Majesty's name any penalty or forfeiture incurred 

 under this Act. 



10. In case a dispute arises as to whether any seizure has or has 

 not been legally made or as to whether the person seizing was or was 

 not authorised to seize under this Act, oral evidence may be heard 

 thereupon, and the burden of proving the illegality of the seizure 

 shall be upon the owner or claimant. 



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

 any Court of Vice Admiralty for adjudication shall be admitted 

 unless the claim be entered under oath, with the name of the owner, 

 his residence and occupation, and the description of the property 

 claimed; which oath shall be made by the owner, his attorney or 

 agent, and to the best of his knowledge and belief. 



