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joined and required to be aiding and assisting to such Naval Officers,
and their Deputies, in Discharge of their Duty aforesaid; 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 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 thereof notwithstanding. And
in Case any Action or Suit shall be commenced and prosecuted
against any Person or Persons importing, or bringing into this
Province, any such Wine, Molasses or Sugar, as aforesaid, for any
Fine or Forfeiture arising by this Act, the Court, before whom
such suit shall be commenced and prosecuted, shall, at their Dis-
cretion, rule the said Defendant 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 shall pay unto the Naval Officer
aforesaid, the Moiety of the Forfeiture aforesaid, to be applied to
the Use in this Act mentioned.
And be it further Enacted, That the Officers aforesaid, hereby
directed to seize any such Wine, Molasses and Sugars, and are hereby
impowered and directed, after the same have been legally condemned,
and public Notice thereof given five Days, to sell one Moiety of all
such Wine, Molasses and Sugars, so as aforesaid seized and con-
demned, at public Auction, to the highest Bidder, and the Money
arising on such Sale, to pay unto the Commissioners of the Loan
Office aforesaid, to and for the Uses and Purposes in this Act men-
tioned, and the other Moiety of the said Wine, Molasses and Sugar,
so seized and condemned, shall belong to the Person or Persons
seizing the same.
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L. H. J.
Liber No. 48
July 7
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And be it further Enacted, That all Sheriffs, Coroners, Deputy-
Sheriffs and Constables, in their several Counties and Hundreds
in this Province, are hereby strictly enjoined and required to make
Information, to some Justice of their respective Counties, of any
such Wine, Molasses or Sugar, which they shall know to be imported
or brought into this Province, either by Land or Water, which
have not been duly entered, and the Duties thereof paid, or secured
to be paid, or secured to be paid, according to the Directions of this
Act: And if any Sheriff, Coroner, Deputy-Sheriff or Constable,
shall know of any such Wine, Molasses or Sugar, to be imported or
brought into this Province by Land or Water, which have not been
entered, and the Duties thereof paid, or secured to be paid, according
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p. 147
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