392 APPENDIX TO BRITISH COUNTER CASE. 



Coroner of the place where the Offender may be found by virtue of 

 which process the said Offender shall be held to Bail for his appear- 

 ance at the return of the process to answer the matters charged in 



such Information, and if it shall appear or there shall be 

 235 reasonable cause to suspect that such articles hereby made 



dutiable have been clandestinely landed, brought or imported 

 into this Province, before entry and report made as aforesaid, or 

 not being duly entered as aforesaid shall be found on board any ship 

 or vessel after such entry and report, or if any such articles shall have 

 been landed from any ship or vessel after entry and report made as 

 aforesaid, other than were specified in such report, or for which a 

 permit shall not have been obtained agreeably to the provisions of 

 this Act such dutiable articles so landed or found on board contrary 

 to the true intent and meaning of this Act shall be and the same are 

 hereby declared to be forfeited and shall and may be seized and de- 

 tained by the said Treasurer or his deputy or deputies respectively 

 and information made by His Majesty's Attorney General, and pro- 

 ceedings to condemnation had, in the Supreme Court. And the 

 Master of such ship or vessel and each and every person concerned 

 shall also be liable to the penalty of one hundred pounds to be re- 

 covered in manner as is herein first before set forth; all which pen- 

 alties and forfeitures after deducting the costs and charges of prosecu- 

 tion together with all reasonable charges that may have accrued shall 

 be paid as follows that is to say, one half part to the officer seizing 

 and prosecuting the same articles to condemnation, or complaining 

 against and prosecuting such offender or offenders to conviction, and 

 the other half into the hands of the Treasurer of the Province for the 

 use thereof. And it shall and may be lawful for the said Treasurer 

 and his deputy or deputies respectively, at all times to enter on board 

 any Ship or Vessel, and to examine and search throughout the same 

 for dutiable articles, and there to seize and from thence to carry away 

 all such as are by this Act made liable to seizure ; and being authorized 

 by writ of assistance under the seal of His Majesty's Supreme Court, 

 or of the Inferior Court of Common Pleas of the County in which 

 the articles herein after mentioned shall be found (which writ the 

 proper Officers of such Courts respectively are hereby authorized and 

 required to issue upon the allowance or Fiat of one of the Justices of 

 such Court, to be filed together with the affidavit upon which the 

 same is grounded) to take the High Sheriff in person, or his deputy 

 or any Coroner of the County, and in the day time to enter and go 

 into any House Store Warehouse or Outhouse, and in case of re- 

 sistance to break open Doors, and open and examine casks, chests or 

 other packages, and there to seize and from thence to carry away any 

 such dutiable article whatsoever so landed brought or imported as 

 aforesaid, contrary to the provisions and the true intent and mean- 

 ing of this Act. 



IV. And be it further enacted that in addition to the entry and 

 report herein before required to be made by the Master of any Ship 

 or Vessel, arriving in any port or place in this Province, the owner 

 or consignee of the dutiable articles on board such ship or vessel (and 

 in cases where there may be several Owners or Consignees of the same 

 cargo each Owner or Consignee thereof) shall make report in writing 

 by him subscribed under Oath before the said Treasurer or either of 

 his deputies of all dutiable articles belonging to or consigned to him 



