discontinue his action, or judgment shall be given for the defendOrd. No.7, ant upon demurrer, then such defendant shall be entitled to the No. 5. 1849. Action to be three months. like costs as he would have been entitled to in case he had pleaded the general issue only: Provided always that it shall be lawful for such defendant, by leave of the Court where such action shall be brought, at any time before issue joined, to pay money into Court as in other actions. XLIV. That every such action shall be brought within three brought within calendar months after the cause thereof, and the defendant may plead the general issue, and give the special matter in evidence, and if the plaintiff shall become nonsuited, or shall discontinue the action, or if upon a verdict or demurrer judgment shall be given against the plaintiff, the defendant shall recover treble costs, and have such remedy for the same as any defendant can have in other cases where costs are given by law. Judge may XLV. That in case any information or suit shall be brought to certify probable trial on account of any seizure made under this or any Ordinance cause of seizure. relating to the revenue of these islands, and a verdict shall be found for the claimant thereof, and the Judge or Court before whom the cause shall have been tried shall certify on the record that there was probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action, indictment, or other suit or prosecution on account of such seizure; and if any action, indictment, or other suit or prosecution shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against the defendant, the plaintiff, besides the thing seized, or the value thereof, shall not be entitled to more than Twopence damages, nor to any costs of suit ; nor shall the defendant in such prosecution be fined more than One shilling. If the Judge certify, the damages to be nominal. Penalties on collusive seizure, bribery, &c. Obstructing Officers by force. XLVI. That in any such action, if the Judge or Court before whom such action shall be tried shall certify upon the record that the defendant or defendants in such action acted upon probable cause, then the plaintiff in such action shall not be entitled to more than Twopence damages, nor to any costs of suit. XLVII. That if any officers of the revenue shall make any collusive seizure, or deliver up, or make any arrangement to deliver up, or not to seize any vessel, boat, or goods liable to forfeiture under this or any Ordinance relating to the revenue; or shall take any bribe, gratuity, recompense, or reward for the neglect or nonperformance of his duty, every such officer shall forfeit for every such offence the sum of Five hundred pounds, and be rendered incapable of serving Her Majesty in any office whatever; and every person who shall give or offer, or promise to give, or procure to be given, any bribe, recompense, or reward to, or shall make any collusive agreement with any such officer to induce him in any way to neglect his duty, or to do, conceal, or connive at anything whereby the provisions of this or any Ordinance relating to the revenue of these islands may be evaded, shall forfeit the sum of Two hundred pounds. XLVIII. That if any person shall by force or violence resist, oppose, molest, hinder, or obstruct the Receiver-General or any officer of the revenue in the exercise of his office, or any person acting in his or their aid or assistance, such person being thereof convicted, shall be adjudged a felon, and shall be liable to be im prisoned with or without hard labour, for such term as the Court shall think fit. XLIX. That if any goods shall be seized for non-payment of duties, or any other cause of forfeiture, and any dispute shall arise whether the duties have been paid for the same, or the same have been lawfully imported, or lawfully laden or exported, the proof shall lie on the owner or claimer of such goods, and not on the officer who shall seize or stop the same. No. 5. Ord. No. 7, 1849. Onus Probandi to lie on the claimant. Bail may be given for goods or ships seized. L. That if any goods, or any ship or vessel shall be seized as forfeited under this or any act relating to the revenue of these islands, and detained, it shall be lawful for the Judge or Judges of any court having jurisdiction to try and determine such seizure, to order the delivery thereof on security by bond, with two sufficient sureties to answer in double the value of the same in case of condemnation; and such bond shall be taken to the use of Her Majesty in the name of the Receiver-General; and such bond shall be delivered to and kept in custody of the Receiver-General; and in case the goods, or the ship, or vessel shall be condemned, the value thereof shall be paid into the hands of the ReceiverGeneral, who shall thereupon cancel such bond. And the Judge And sale or Judges of any Court before whom any goods so seized shall be thereof may prosecuted, may, if such Judge or Judges see fit, order the sale be ordered. thereof, or of any part thereof, pending such prosecution, on application by the prosecutor or any claimant. LI. That no claim to anything seized under this or any other Ordinance relating to the revenue of these islands, and returned into any of Her Majesty's Courts for adjudication, shall be admitted unless such claim be entertained in the name of the owner, with his residence and occupation, nor unless oath to the property in such thing be made by the owner, or by his attorney or agent, by whom such claim shall be entered, to the best of his knowledge and belief; and every person making a false oath thereto shall be deemed guilty of a misdemeanour, and shall be liable to the pains and penalties to which persons are liable for a misdemeanour. LII. That no person shall be admitted to enter a claim to anything seized in pursuance of this or any Ordinance relating to the revenue of these islands, and prosecuted, until sufficient security shall have been given in the Court where such seizure is prosecuted, in a penalty not exceeding Sixty pounds, to answer and pay the costs occasioned by such claim; and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned. Claim to thing seized, to be in the name of the Owner. No claim admitted with out security. LIII. That it shall be lawful for the Receiver-General to sue for Receiverand recover any duty or tax imposed by any Ordinance of the General to Legislature of these islands relating to the revenue, to be received recover duties or collected by the Receiver-General, together with full costs of or penalties. suit, and also for any penalty or forfeiture incurred under this Ordinance or any other such Ordinance as aforesaid, together with full costs of suit in any of the superior Courts of Record in these islands, by bill, plaint, or information, wherein no essoin, protection, or wager of law shall be allowed: Provided always, that when any Proviso. such duty, tax, penalty, or forfeiture shall not exceed the sum of Five pounds, and the Receiver-General shall think fit so to sue for the same- the same may be sued for and recovered, with costs of No. 5. Ord. No. 7, 1849. Seized goods if unreclaimed to be deemed condemned. Appraisement o! goods seized. Prosecutions for penalties to commence within six months. The President may remit Fines, &c., on conditions to be specified. Bailable process to issue for re covery of penalties. suit, before any Justice or Justices of the Peace, in like manner as debts not exceeding Five pounds may be sued for and recovered in ordinary cases. LIV. That all vessels, boats, goods, and other things which shall have been, or shall hereafter be seized as forfeited under this or any other Ordinance relating to the revenue of these islands, shall be deemed and taken to be condemned, and may be dealt with in the manner directed by law in respect to vessels, boats, goods, and other things seized and condemned for breach of any such Ordinance, unless the person from whom such vessel, boats, goods, and other things shall have been seized, or the owner of them, or some person authorized by him, shall, within one calendar month from the day of seizing the same, give notice in writing to the ReceiverGeneral that he claims the goods or other things, or intends to claim them. LV. That the value of articles seized as aforesaid shall, for the purposes of the preceding section, be ascertained by two or more appraisers, for that purpose to be appointed by the ReceiverGeneral or chief officer of the revenue, at the port where such seizure is made. LVI. That all actions or suits for the recovery of any of the penalties or forfeitures imposed by this or any Ordinance relating to the revenue may be commenced and prosecuted at any time within six months after such offence committed, any law, custom, or usage to the contrary notwithstanding. LVII. That in case any boat, vessel, or goods shall be seized or detained as forfeited, or under a suspicion of fraud, or the master of any ship or vessel, or other person, shall have become liable to any penalty or imprisonment, by virtue of any Ordinance relating to the revenue, and the President of these islands shall deem it expedient that such vessel, boat, or goods should be restored, or the penalty should be mitigated or remitted, or that such person should be released from confinement, it shall be lawful for the President aforesaid to order and direct that such vessel, boat, or goods shall be restored, or such penalty or imprisonment be remitted, and to annex such terms and conditions as he thinks necessary; and if the proprietors of any such boat, or vessel, or goods, or the master of any vessel, or other person as aforesaid, shall accept the terms and conditions so offered, he or they shall not have or maintain any action for recompense or damage on account of such seizure, detention, or imprisonment, and the person making such seizure shall not proceed in any manner for condemnation, but every such seizure or penalty, or part thereof so remitted shall be null and void, and no suit or action shall be brought or maintained by any person whatever on account thereof: Provided, however, that no person shall be entitled to the benefit of any order for such delivery, mitigation, remission, or release, unless such terms and conditions are fully complied with. LVIII. That whenever any penalty shall be sued for under the provisions of this or any other Ordinance of these islands relating to the revenue, against any person in any Court of Record, a capias may issue as the first process, specifying the amount of penalty sued for; and such person against whom such capias shall issue shall be obliged to give sufficient bail or security, by natural-born subjects or denizens, to appear at the return of such writ, and answer such suit or prosecution, and shall also at the time of appearance give such sufficient security as aforesaid to answer and pay such penalties and forfeitures as may be incurred for such offence, in case conviction should ensue, or otherwise yield his, her, or their bodies to prison. LIX. That in all cases of seizure prosecuted in the Superior Court, the presiding Judge of such Court shall decide and adjudicate therein, and the mode of proceeding in such cases shall be regulated by rules for that purpose to be made by such Judge, which rules, when framed, shall be published for general information. LX. That any case of seizure prosecuted in the Police Court, or before Justices as aforesaid, shall be regulated by rules to be framed for that purpose by the Police Magistrate, which rules, when approved of by the President of these islands, shall be published for general information. LXI. That an appeal shall lie to the President in Council from the decision of the Judge or Justices, in any case of seizure prosecuted under this Ordinance, where such Judge or Justices shall decree the condemnation of the article seized: Provided that notice of such appeal be given within ten days after sentence pronounced, exclusive of the day of pronouncing the same, the mode of proceeding in appeal cases being regulated by rules to be framed for that purpose by the President of these islands. LXII. That it shall be lawful for the President of these islands, and he is hereby authorized, on the condemnation of any vessel, boat, or goods, or the recovery of any penalties under this or any other Ordinance of these islands relating to the revenue, to direct the distribution of the seizor's share of such vessel, boat, or goods, or any penalties or rewards that may be recovered on account of any seizure, in such manner as to enable any officer or officers, or other person or persons, through whose information or means such seizure shall have been made, or penalty recovered, or party apprehended, and who may be deemed to be so entitled to participate in such proportions as such President shall deem expedient. No. 5. Ord. No. 7, 1849. Judge of the Superior Court to adjudicate on and make rules for prosecutions for forfeitures in said Court. Police Magistrate to frame rules for summary pro cess to be approved of by the President. Appeals from any decisions to the President in Council. Provided notice given within ten days. The President to authorize and direct distribution of property seized. otherwise directed. LXIII. That all penalties and forfeitures under this or any Distribution other Ordinance of these islands relating to the revenue shall, of seizures not when not otherwise directed, be distributed in manner following, viz. :-One-third part to Her Majesty, her heirs and successors, in aid of the support of the Government of these islands, one third part to the President for the time being, and the remaining part thereof to the person prosecuting for the same. LXIV. That all penalties and forfeitures collected under this Appropriation Ordinance shall be appropriated and applied, in such manner only of duties. as shall be directed by any Ordinance now or hereafter to be made and passed within these islands. When this Ordinance to come into operation. year Duration. LXV. That this Ordinance shall come into operation when and so soon as a certain Ordinance passed in the present session, entitled, "An Ordinance to Repeal certain Customs' Duties," shall take effect, and from the day that it so comes into operation shall continue and be in force until the first day of January in the of our Lord One thousand eight hundred and fifty-six, and from thence to the end of the then next session of the Legislature, and no longer. No. 5. Ord. No. 7, 1849. FORM OF BILL OF ENTRY (SCHEDULE A). the foregoing to be a true and correct entry of the goods imported by me in the above-mentioned vessel, and of the quantity, value, and other particulars of such goods. (Signed) (The particulars of this Schedule to be entered according to the fact.) RULES OF PROCEEDING FOR THE CONDEMNATION OF PRO- 1. No claim to property seized can be entertained until the claimant has complied with the provisions of the Ordinance No. 7 of 1849. If this is not done within one month from the date of seizure, the property will thereby be forfeited. 2. Where a prosecution becomes necessary, a written statement must be filed in the Prothonotary's office, in the nature of an information, setting forth the quantity and value of the property seized, the name of the owner, and the clause of the law by virtue of which such seizure was made, concluding with a prayer for the condemnation of the same. When property is seized under any revenue law, for two or more distinct breaches of the same, such breaches must be stated in separate counts. 3. A copy of the information must be furnished to each claimant, with a notice in writing that an answer must be put in within ten days, otherwise judgment by default will be given. 4. The answer is to be filed with the Prothonotary, and must |