1274 APPENDIX TO BRITISH CASE. 



226. Every person who has in his possession, in port or on land, 

 any goods derelict, flotsam, jetsam or wreck, and which are dutiable, 

 and does not give notice thereof to the nearest officer of Custom- 

 without unnecessary delay, or does not on demand pay the duties 

 thereon or deliver the same to the proper officer, shall incur a penalty 

 of two hundred dollars in addition to all other liabilities and penal- 

 ties incurred by him. and the goods shall be seized and forfeited; aiui 

 every person who removes or alters in quantity or quality any such 

 goods, or unnecessarily opens or alters any package thereof, or abet.s 

 any such act, before the goods are deposited in warehouse under the 

 custody of the Customs officers, shall in addition to all other liabilities 

 and penalties incurred by him, incur a penalty of two hundred 

 dollars. 



227. Every police or peace officer who has detained any goods, 

 property, or vehicle, subject or liable to forfeiture, and who neglects 

 to convey the same to the Custom House, or to give notice of having 

 stopped the same as herein prescribed, shall be liable, on summary 

 conviction, to a penalty of one hundred dollars, and, in default of 

 payment, to imprisonment for a term not exceeding thirty days. 



228. Every collector or other officer of Customs who allows the 

 payment of duties of Customs to be avoided or deferred for any cause 

 or consideration whatsoever, except by regular entry for warehouse 

 or by bond given under this Act, shall be liable to a penalty equal ti- 

 the full value of such goods and the duty accruing thereon, which 

 shall be recoverable in any court of competent jurisdiction, from him 

 or his sureties, or either of them ; and any woods on which payment 

 of duty has been so avoided or deferred shall be liable to seizure and 

 be dealt with as goods unlawfully imported into this Colony. 



229. Every officer of the Customs and every person employed with 

 the concurrence of the Governor in Council for the prevention of 

 smuggling, who makes any collusive seizure, or delivers up, or makes 

 any agreement to deliver up or not to seize any vessel, boat, carriage, 

 goods or thing liable to forfeiture under this Act, or who takes or 

 accepts a promise of any bribe, gratuity, recompense or reward for 

 the neglect or non-performance of his duty, is guilty of a misde- 

 meanor, and liable for every such offence to a fine of five hundred 

 dollars and to imprisonment for a term not exceeding two years and 

 not less than three months, and shall be incapable of serving Her 

 Majesty in any office whatsoever; and every person who gives, offers 

 or promises to give, or procure to be given, any bribe, recompense or 

 reward to, or makes any collusive agreement with, any such Oiiicer 

 or person as aforesaid, to induce him in any way to neglect his duty, 

 or to conceal or connive at any act whereby the provisions of this 

 Act or any law relating to the Customs, trade, or navigation may be 

 evaded, is guilty of a misdemeanor, and liable for every such offence 

 to a fine of five hundred dollars and to imprisonment for a term not 

 exceeding two years and not less than three months. 



PROCEDURE. 



230. All offenses committed against this Act, and all penalties and 

 forfeitures incurred thereunder, may be prosecuted, sued for, and 

 recovered in the Court of Vice -Admiralty, or upon information, and 

 without a jury in the Supreme Court, or before a Justice of the 



