Holders of Saint Domingo, 6o GEO. 4. may hereafter become possessed of Estates then belonging to Dutch Proprietors therein, and all such Proprietors as being then resident in the said Colonies and being Natives of His Majesty's Dominions in the Netherlands, may have declared, within Three Months after the Publication of the aforesaid Convention in the said Colonies, that they wish to continue to be considered as such, and all Subjects of His said Majesty the King of the Netherlands who may be the Holders of Mortgages of Estates in the said Colonies made prior to the Date of the Convention, and who may under their Mortgage Deeds have the Right of exporting from the said Colonies to the Netherlands the Produce of such Estates, shall be deemed Dutch Proprietors under the Provisions of this Act; - provided that where both-Dutch and British Subjects have Mortgages upon the same Property in the said Colonies, - the Produce to be consigned to the different Mortgagees shall be in proportion to the Debts respectively due to them. No Ship to sail XLVIII. AND be it further enacted, That no British from Jamaica to Merchant Ship or Vessel shall sail - from any Place in the Island of Jamaica to any Place in the Island of Saint Domingo,nor from any Place in the Island of Saint Domingo to any Place in the Island of Jamaica, — under the Penalty of the Forfeiture of such Ship or Vessel, together with her Cargo; AND that no Foreign Ship or Vessel which shall have come from, or shall in the Course of her Voyage have touched at any such Place in the Island of Saint Domingo, shall come into any Port or Harbour in the Island of Jamaica; AND if any such Ship or Vessel, having come into any such Port or Harbour, shall continue there for Forty-eight Hours after Notice shall have been given by the Officer of the Customs to depart therefrom, such Ship or Vessel shall be forfeited; AND if any Person shall be landed in the Island of Jamaica from on board any Ship or Vessel which shall have come from or touched at the Island of Saint Domingo,- except in case of urgent Necessity, or unless Licence shall have been given by the Governor of Jamaica to land such Person, such Ship shall be forfeited together with her Cargo. Colonial Laws repugnant to XLIX. AND be it further enacted, That all — Laws, Bye Laws, Usages, or Customs at this Time, or which any Act of Par- hereafter shall be in practice, or endeavoured or pretended to be in force or practice, in any of the British Possessions in America, which are in anywise repugnant to this Act, liament, to be null and void. or to any Act of Parliament made or hereafter to be made in the United Kingdom, so far as such Act shall relate to and mention the said Possessions, are and shall be null and void to all Intents and Purposes whatsoever. - the Coasts. L. AND be it further enacted, That it shall be lawful Officers may for the Officers of Customs to go on board any Ship in board Ships hovering on any Port in any British Possession in America, and to rummage and search all Parts of such Ship for prohibited and uncustomed Goods, and also to go on board any Ship hovering within One League of any of the Coasts thereof, and in either Case freely to stay on board such Ship so long as she shall remain in such Port, or within such Distance; AND if any such Ship be bound elsewhere, and shall continue so hovering for the Space of Twenty-four Hours (1) after the Master shall have been required to depart, it shall be lawful for the Officer of the Customs to bring such Ship into Port, and to search and examine her Cargo, and to examine the Master upon Oath touching the Cargo and Voyage, and if there be any Goods on board prohibited to be imported into such Possession, such Ship and her Cargo shall be forfeited; AND if the Master shall not truly answer the Questions which shall be demanded of him in such Examination, he shall forfeit the Sum of One hundred Pounds. LI. AND be it further enacted, That all - Vessels, Boats, and Carriages, and all Cattle made use of in the Removal of any Goods liable to Forfeiture under this Act, shall be forfeited; — AND every Person who shall assist or be otherwise concerned in the unshipping, landing, or removal, or in the harbouring of such Goods (2), or into whose Hands or Possession the same shall knowingly come, -shall forfeit the Treble Value thereof, or the Penalty of One hundred Pounds, at the Election of the Officers of the Customs; AND the Averment in any Information or Libel to be exhibited for the Recovery of such Penalty, that the Officer proceeding has elected to sue for the Sum mentioned in the Information, shall be deemed sufficient Proof of such Election, without any other or further Evidence of such Fact. Forfeiture of Vessels, Carriages, &c. removing Goods liable to Forfeiture. (1) See § 15. as to Ships bound to the Port. (2) See Writ of Assistance, $53. See also Onus Probandi on Party, Goods, Vessels, &c. liable to Forfeiture, may be seized by Officers. Writ of Assist for and seize Goods liable to Forfeiture. LII. AND be it further enacted, That all - Goods, and all Ships, Vessels, and Boats, and all Carriages, and all Cattle liable to Forfeiture under this Act, shall and may be seized and secured by any Officer of the Customs or Navy, or by any Person employed for that Purpose, by or with the Concurrence of the Commissioners of His Majesty's Customs; and every Person who shall in any way hinder (1), oppose, molest, or obstruct any Officer of the Customs or Navy, or any Person so employed as aforesaid, in the Exercise of his Office, or any Person acting in his Aid or Assistance, shall for every such Offence-forfeit the Sum of Two hundred Pounds. LIII. AND be it further enacted, That under Authority ance to search of a Writ of Assistance granted by the Superior or Supreme Court of Justice, or Court of Vice Admiralty having Jurisdiction in the Place (who are hereby authorized and required to grant such Writ of Assistance, upon Application made to them for that Purpose by the principal Officers of His Majesty's Customs), it shall be lawful for any Officer of the Customs, taking with him a Peace Officer, to enter any Building or other Place in the Daytime, and to search for and seize and secure any Goods liable to Forfeiture under this Act; and in case of Necessity, to break open any Doors and any Chests or other Packages for that Purpose; and such Writ of Assistance, when issued, shall be deemed to be in force during the Whole of the Reign in which the same shall have been granted, and for Twelve Months from the Conclusion of such Reign. Obstruction of Goods seized to be secured at the next Custom House. LIV. AND be it further enacted, That if any Person shall - by Force or Violence assault, resist, oppose, molest, hinder, or obstruct any Officer of the Customs or Navy, or other Person employed as aforesaid, in the Exercise of his Office, or any Person acting in his Aid or Assistance,such Person, being thereof convicted, shall be adjudged a Felon, and shall be proceeded against as such, and punished at the Discretion of the Court before whom such Person shall be tried. LV. AND be it further enacted, That all Things which shall be seized as being liable to Forfeiture under this Act, shall be taken forthwith and delivered into the Cus (1) Assaulting with Violence, &c. is made Felony, § 54. tody of the Collector and Controller of the Customs at the Custom House next to the Place where the same were seized, - who shall secure the same by such Means and in such Manner as shall be provided and directed by the Commissioners of His Majesty's Customs. LVI. AND be it further enacted, That all Things which shall have been condemned as forfeited under this Act shall, under the Direction of the Collector and Controller or other Principal Officer of the Customs at the Port where such Seizures shall have been secured, be sold by public Auction to the best Bidder:- PROVIDED always, that it shall be lawful for the Commissioners of the Customs to direct in what Manner the Produce of such Sale shall be applied, or in lieu of such Sale, to direct that any of such Things shall be destroyed or shall be reserved for the Public Service. Goods seized to be sold by Auction. Seizures and LVII. AND be it further enacted, That all Penalties Jurisdiction for and Forfeitures which may have been heretofore or may Prosecution of be hereafter incurred, shall and may be prosecuted, penalties. sued for, and recovered in any Court of Record or of Vice Admiralty, having Jurisdiction in the Colony or Plantation where the Cause of Prosecution arises, and in Cases where there shall happen to be no such Courts, then in any Court of Record or of Vice Admiralty having Jurisdiction in some British Colony or Plantation near to that where the Cause of Prosecution arises; PROVIDED that in Cases where a Seizure is made in any other Colony than that where the Forfeiture accrues, such Seizure may be prosecuted in any Court of Record or of Vice Admiralty having Jurisdiction — either in the Colony or Plantation where the Forfeiture accrues, or in the Colony or Plantation where the Seizure is made, at the Election of the Seizor or Prosecutor; AND in Cases where there shall happen to be no such Courts in either of the last-mentioned Colonies or Plantations,then in the Court of Record or of Vice Admiralty having Jurisdiction in some British Colony or Plantation near to that where the Forfeiture accrues, or to that where the Seizure is made, at the Election of the Seizor or Prose cutor. LVIII. AND be it further enacted, That if any-Goods Bail may be or any Ship or Vessel shall be seized as forfeited given for Goods under this Act, or any Act hereafter to be made, and de- or Ships seized. Suits to be Onus probandi to lie on Party. Claim to Thing Name of the tained in any of the British Possessions in America, —it shall be lawful for the Judge or Judges of any Court having Jurisdiction to try and determine such Seizures, with the Consent of the Collector and Controller of the Customs, to order the Delivery thereof on Security by Bond, with Two sufficient Sureties, to be first approved by such Collector and Controller, to answer Double the Value of the same in case of Condemnation; AND such Bond shall be taken to the Use of His Majesty in the Name of the Collector of the Customs in whose Custody the Goods or the Ship or Vessel may be lodged, and such Bond shall be delivered and kept in the joint Custody of such Collector and his Controller, and in case the Goods or the Ship or Vessel shall be condemned, the Value thereof shall be paid into the Hands of such Collector, who shall thereupon, with the Consent or Privity of his Controller,cancel such Bond. LIX. AND be it further enacted, That-no Suit shall be commenced for the Recovery of any Penalty or Forfeiture under this Act, except in the Name of some superior Officer of the Customs or Navy, or other Person employed as herein-before mentioned, or of His Majesty's Advocate or Attorney General for the Place where such Suit shall be commenced; AND if a Question shall arise whether any Person is an Officer of the Customs or Navy, or such other Person as aforesaid, -vivá voce Evidence may be given of such Fact, and shall be deemed legal and sufficient Evidence. - LX. AND be it further enacted, 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 thereof shall lie on the Owner or Claimer of such Goods, and not on the Officer who shall seize and stop the same. LXI. AND be it further enacted, That no- Claim to any Thing seized under this Act, and returned into any of His Majesty's Courts for Adjudication, shall be admitted,— unless such Claim be entered 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 en |