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And the Officers aforesaid, hereby appointed to collect and receive
the said Duties shall, and are hereby impowered, upon Suspicion of
Fraud or Deceit by any Importer, Owner, or Proprietor of any such
Liquors, in concealing and not making due Entry of the same, to go
and enter on board such Ship or Vessel, or into any Warehoue or
other Out-House, where such Liquors may be put or placed, and view
and examine the same; and if upon such Examination, it shall appear
to the said Officer, that the said Importer or Owner of any such
Liquors hath not made due Entry of the same, or hath acted or done
any Thing contrary to the true Intent of this Act, to seize and bring
on Shore, or secure all such Liquors so imported, for which the
Duties aforesaid are not duty paid; and after Condemnation of such
Liquors, and public Notice given thereof for five Days after such
Condemnation; it shall and may be lawful to and for such Officer,
and he is hereby directed and required to sell a Moiety of such
Liquors, so as aforesaid seized and condemned, at public Auction, to
the highest Bidder, and the Money arising on such Sale to pay to
the Commissioners of the Loan-Office for the Use of this Act. And
that the said Officers and their Deputies, or any of them, shall and
may freely stay and remain on board until such Liquors shall be
delivered and discharged out of the said Ship or Vessel: And all
Sheriffs, Constables, and other Officers of this Province, are hereby
required and enjoined to be aiding and assisting to such Naval
Officers and their Deputies, in discharging of their Duty aforesaid,
for all which the said Officers and Others assisting them, shall, by
Virtue of this Act, be saved and kept harmless; and if any Action
or Suit shall be commenced against such Officers or Others assisting
to put this Act in Execution, it shall and may be lawful for such
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L. H. J.
Liber No. 48
July 7
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Officers and Others to plead thereto the General Issue, and give this
Act and the special Matter therein in Evidence; any Law or Custom
to the contrary notwithstanding. And in Case any Action or Suit
shall be commenced, and prosecuted against any Person or Persons
importing any such Liquors as aforesaid, for any Fine or Forfeiture
arising by this Act, the Court before whom such Suit shall be com-
menced and prosecuted, shall, at their Discretion, rule the said Defen-
dant or Defendants, to give good and sufficient Bail to such Suit, and
for want thereof, shall and may commit the said Defendant or
Defendants to the Custody of the Sheriff of the County, there to
remain until he or they shall comply therewith: And if Judgment on
such Suit shall be given against the said Defendant or Defendants,
the Court before whom the said Judgment shall be rendered, shall
commit the said Defendant or Defendants until he or they shall pay
unto the Naval Officer aforesaid the Moiety of the Forfeiture afore-
said, hereby directed to be applied to the Uses in this Act mentioned.
And be it further Enacted, That all Masters of Ships and other
Vessels, and Others importing Servants into this Province by Land
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p. 138
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