224 



other person duly commissioned for that purpose, may go on board any 

 vessel or boat withm any harbor in the province, or hovering within 

 three miles of any of the coasts or harbors thereof, and stay on board 

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



That "if such vessel or boat be bound elsewhere, and shall continue 

 within such harbor or so hovering for twenty-four hours after the master 

 shall have been required to depart, any one of the officers above men- 

 tioned 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 vessel or boat, and the cargo 

 thereof, shall be forfeited." 



That "if the vessel or boat shall be forei,gn, and not navigated ac- 

 cording to the laws of Great Britain and Ireland, and shall have been 

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

 marine miles of such coasts or harbors, such vessel or boat and the 

 cargo shall be forfeited." 



That "if any seizure take place and a dispute arise, the proof touch- 

 ing the illegality thereof shall be upon the owner or claimant." 



That "no person shall enter a claim to an3^thing seized until security 

 shall have been given, in a penalt}^ not exceeding sixty pounds, to an- 

 swer and pay costs occasioned by such claim; and in default of such 

 security, the things seized shall be adjudged forfeited and shall be con- 

 demned." 



That " no writ shall be sued out against any officer or other person 

 authorized to seize for anything done until one month after notice in 

 writing, delivered to him or left at his usual place of abode by the per- 

 son intending to sue out such writ, his attorney or agent, in which no- 

 tice shall be contained the cause of action, the name and place of abode 

 of the person M^ho is to bring the action, and of his attorney or agent ; 

 and no evidence of any cause of action shall be produced, except such 

 as shall be contained in such notice." 



That "every such action shall be brought within three months after 

 the cause thereof has arisen." 



That "if on any information or suit brought to trial on account of 

 any seizure, judgment shall be given for the claimant, and the judge 

 or court shall certify on the record that there was probable cause of 

 seizure, the claimant shall not recover costs, nor shall the person who 

 made the seizure be liable to any indictment or suit on account thereof." 

 And if any suit or prosecution be brought against any person on ac- 

 count of such seizure, and judgment shall be given against him, and the 

 judge or court shall certify that there was probable cause for the seiz- 

 ure, then the plaintiff, besides the thing seized or its value, shall not 

 recover more than twopence damages, nor any costs of suit, nor shall 

 the defendant be fined more than one shilling," 



That "the seizmg officer may, within one month after notice of ac- 

 tion received, tender amends to the party complaining, or his attorney 

 or agent, and plead such tender." 



That "all actions lor the recovery of penalties or forfeitures imposed 

 must be commenced within three years ailer the offence committed." 



