Acts. 315

Penalty that whosoever shall import contrary to this Act any
the Things aforesaid shall loose and forfeitt the same One half
to her Majesty her heires and Successors for the Support of
the Government of this province the other half to him or them
that shall Seize or give Information of the same whereby they
may be seized.
And be it further Enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid that every Justice of
peace in this Province in proper County and every Navall
Officer and Collector in or out of his District and every Con-
stable or Constables in his or their Severall and respective Hun-
dred and every Church Warden or Church Wardens in his or
their severall and respective Parishes by vertue of their Offices
and this Act may lawfully Seize in the Day time such goods
and things as they find imported contrary to this Act And if
any Private person being none of the Officers aforesaid shall
discover any such Goods or things so unlawfully imported he

Lib. L. L.

No. 64.

shall inform the next Justice of the peace who is hereby
injoyn'd and Comanded under the penalty of one Thousand :
pounds of Tobacco to be forfeited to the use aforesaid to
direct a precept to the next Constable or Constables of such
Hundred where such things are Supposed to be Conceald
thereby Comanding at the request of such Informer to make
Search for such things as aforesaid unlawfully imported where
such Informer shall direct And the same having found to seize
and secure for the use of her Majesty and Informer aforesaid
And the same to keep for tenn days In which Time if tht:
Owner thereof or person in whose possession found do not
cause the same to be replevin'd and find sufficient Securitys
to return the Goods If it be found they were unlawfully
imported then the Officer that seized them shall deliver the
said Goods to the Sheriff who is hereby Injoynd to make sale
of them for the use of her Majesty and the Informer or
Seizer.
And be it further enacted by the Authority aforesaid that
the Onus probandi shall be on the part of him that Causes the
same to be replevin'd to make it appear in any Court of
Record in this Province that such things seized as aforesaid
are not lyable to seizure as aforesaid which if he do he shall
be Quitt and carry his Goods away But if he do not the Seizer
shall have Judgment to have the Goods and things so by him
Seized return'd One half thereof to be delivered to the
Informer and the other half to remain in the Custody of the
Sheriff for the Queens use This Act to endure for three Years
or to the end of the next Generall Assembly which shall first
happen.

p. 115