fecute.

and said Collectors and Informing Officers, are hereby directed to make diligent Who to pro.. Enquiry after, and profecute all Breaches of this Act.

And to prevent Doubts and Controverfies relative to the Mode of proceeding in Cafes of Seizures made by virtue of this Act.

Inventory to

be taken..

Copy to be

Naval officer

Be it further Ena &ted, That every Perfon intending to make a Seizure by force of this Act, fhall make complaint in Writing, to fome Affiftant of this to be made Complaint State, or Juftice of the Peace within and for that County in which the Veffel or in writing. other Property to be feized is in, fuch Complaint ftating the Caufe of Profecu- Stating caufe tion, and thereupon fuch Affiftautor Juftice, having taken a Recognizance of profecution with good and fufficient Surety to the Treafurer of this State, to a fufficient Amount, provided the Complaint is made by a private Perfon, that the Com- A recogniplainant hall profecute his Complaint to effect, and pay all fuch Cofts and zance to be Damages which the Owner or Owners of the Property feized may fuffer or taken. fuftain by fuch Seizure and Profecution, together with all fuch Cofts as fhall be taxed in favour of the Claimant or Claimants, by the Court finally trying faid Cause, may, and fhall iffue a Warrant under his Hand, directed to fome Warrant be proper Officer, him commanding to feize the Ship, Veffel or Boat, complain- be ifiued. ed againft, together with her Tackle, Apparel, Furniture and Cargo. whether on board or unladen, and the fame having feized, to caufe to be inventoried by two judicious Freemen, nominated in fuch Warrant, and keep in fafe Cuftody till releafed by due order of Law ; and the Officer ferving fuch Warrant fhall forthwith caufe the Property by him seized, to be inventoried by the Freemen in his Warrant named, and fuch Property fhall not be removed from the Store or Place where feized, until fuch Inventory fhall have been made and figned by faid Freemen, and a Copy thereof left at the Store or left. Place where the Property is feized, or with the Owner thereof, (if known by fuch Officer) and no Naval Officer, or Collector appointed by Force of this Act, or Informing Officer, fhall be obliged to give Bond on any Warrant by &c. not to them or either of them taken out, on any Complaint made in their official Ca- give bond. pacity; and no Property feized by Force of this Act thall be repleviable. Property feizAnd all Ships and Veffels of the Burthen of thirty-five Tons, or more, with ed not reple their Tackle, Apparel. Furniture and Cargoes, feized by Virtue of this Act, viable. fhall, within forty-eight Hours after Seizure, be libelled before the Judge of Ships &c. lithe County Court of that County in which feized; or if fuch Judge is abfent build &c. within 48 out of the County at the Time of libelling, before the fenior juftice of the hours after Quorum of fuch County, prefent therein at the Time of libelling. And the feizure. County Court of that County in which fuch Seizure is made, fhall have full County court Power to hear, try and determine faid Libel, according to the Provifions of to try the this Act; and the Perfon before whom the Libel is filed, fhall thereupon fame. forthwith iffue a Monition, In Writing, under his Hand, appointing the Monition to Time and Place of holding a County Court, for the Trial of fuch Libel, which beiflued. County Court, fuch Judge or Juffice of the Quorum are hereby refpectively empowered to convent, and fuch Monition fhall, as foon as may be thereafter, How publish be published for two fucceffive Weeks exclufive of the Day of Trial, in fome ed. public News Paper in or nearest the Town where the Seizure is made; and the Judge or Justice of the Quorum iffuing fuch Monition, fhall in no Time of trial Cafe appoint the Time of Trial at the Distance of more than twenty not to exceed Days from the Date of the Monition, which fhall in all Cafes bear Date 20 days from &c. within forty-eight Hours after the Seizure is made. And all Veffels and Boats under the Burthen of twenty-five Tons, and their Tackie, Apparel, Furniture or Cargoes, feized by Virtue of this Act, fhall and may be li- der 25 tons belled before the Judge of the County Court, and the fenior Justice of the how libelled Quorum of that County in which the feizure is made, prefent in laid County and tried.

Veffels un

274

Monition

made valid.

to be clerk.

Perfon filing

clain to become bound,

&c.

State Duties.

at the Time of libelling, or in Cafe the Judge of faid County Court is abfent out of faid County at the Time of libelling, the fame may be libelled before the two senior Juftices of the Quorum of fuch County, prefent in fuch County at the Time of libelling; and laid Judge and Justice of the Quorum, or two Juftices of the Quorum, hall as to fuch Libel have the fame Powers and Authorities as the County Court by this Act, have in Cafes of Libels filed against Vefleis and their Cargoes of thirty-five tons Burthen or upwards. And a Monition figned by either of the Perfons before whom by this Claufe of this Act the Libel is to be filed, fhall be good and effectual; and the fame Rules fhall be observed with refpect to the Date and Time of publishing fuch Mo. nition, and appointing the Time of Trial of fuch Libels that are herein before provided, in Cales of Libels to the County Court; and the senior Justice Senior juftice of the Quorum thall be the Clerk of fuch Court, and fhall be entitled to have and receive the tame Fees as the Clerk of the County Court by this A&t is entitled to receive; and no Perfon fhall be admitted to file his Claim on any Libel in any of the Cafes aforelaid, until he fhall have become bound to the Libellant before the Court before which the Libel is pending, with good and fufficient Surety, jointly and severally, in a Recognizance to fuch Amount as by fuch Court fhall be directed, to profecute his Claim to effect, and pay all fuch Coils as fhall be occafioned by filing fuch Claim, and be allowed and taxed by fuch Court. And fuch Claimant may in any of the Cafes aforesaid, put in fuch fpecial Claims as he may think proper, and the Libellant fhall on fuch Claim either fpecially reply, traverse, join iflue, or demur; and the Parties fhall have the fame Rights as to pleading, as Parties by Law have in ordinary common law Caufes. And in all the Cafes aforefaid the Caufe fhall be heard by the Court without a Jury, and an Appeal fhall be allowed to either Party, to the next Superior Court to be holden in that County where the Trial is had. And in Cafe the Libellant fhall prevail againft the Claimant, the Court before whom the Trial is had shall tax the Cofts occafioned by fuch Claim against the Claimant and his Surety, and grant Execution againft them, or either of them therefor, in common Form, under the Hand of the Clerk of the Court. And in Cafe the Claimant fhall prevail against the Libellant, the Court before whom the Trial is had fhali tax Coft in favour of the Claimant against the Libellant and his Surety, and grant Execution against them, or either of them, for fuch Coft in common Form, under the Hand of the Clerk of the Court, provided the Libellant be a private Perfon; but no Cott fhall in any Cafe be taxed in favour of a Claimant against a Libellant who is a Naval Officer, Collector or Informing Officer, libelling in his official capacity. And the Judges and Justices of the Quorum aforefaid, thall be allowed the fame Fees, per Diem, in any of the Cafes aforefaid, as they are allowed when fitting as a County Court. And the Clerks Fees, Sheriffs Fees, Witneffes Fees, Libellants Fees, and Attornies Fees, fhall be as ftated and fet in the following Table, viz.

What pleas

may be al.. lawed.

Coft how paid.

Judges fees.

And be it further enacted by the Authority aforesaid, That the Mafter of Ships or Vefevery Ship or Veffel of the Burthen of thirty-five Tons or more, who fhall not fels of 35 tons duly enter his Ship or Veffel at the proper Naval Office, and alío make a Ma- or more not nifeft, and pay or cause to be paid, or fecure or caufe to be fecured, the Duties duly entering, payable by this Act, according to the Provifions aforefaid, or out of whose Ship or Veffel any Article whatever fhall be landed or the Bulk of whofe Ship or Veffel fhall be broken before the Provifions of this Act relative to entering, making a Manifeft, paying or fecuring to be paid, the Duties payable by this A&t, shall have been compleatly complied with, shall forfeit and pay the Sum of Five Hundred Pounds. And in Cafes of Vessels or Boats, under the Burthen of thirty-five Tons, the Mafter shall in the Cafes specified in the next preceeding Paragraph, forfeit the Sum of One Hundred Pounds.

Penalty,

Courts to ap

And be it further Enacted by the Authority aforefaid, That there fhall be appointed by the respective County Courts of the feveral Counties, within whofe County Limits the feveral Towns in which the Collectors by this Act directed to be point Colappointed are fituate, to continue in Office during the Pleasure of the General lectors. Affembly, a Collector in each of the Towns of Greenwich, Stamford, Fairfield, Stratford, Millford, Derby, Branford, Guilford, Killingworth, Saybrook, Lyme, Groton, Stonington, Prefton, Voluntown, Killingly, Pomfret, Woodflock, Union, Stafford, Somers, Enfield, Suffield, Simsbury, Hartland, Colebrook, Norfolk, Canaan, Salisbury, Sharon, Kent, New-Millford, New-Fairfield, Danbury, Ridgfield, Haddam, Eaft-Haddam, Chatham, Wethersfield, Glattenbury, Hartford, Eaft-Hartford, Windfor, Eaft-Windfor, and Windham; which Collectors fhall each give Bonds, with two fufficient Sureties to the Towns. Treasurer of this State, in the Sum of Five Hundred Pounds, That fuch Collec- To give Bond, tor fhall well and faithfully to the belt of his Abies, collect all fuch Duties as

In what

276

Oath.

State Duties.

by this Act are to be by him collected, and that he will once in three Months, faithfully transmit to the Treasurer of this State for the Time being, a true and To be under juft Account under Oath of all fuch Duties as thall be by him collected; and alfo a true and juft Account of fuch Duties as have been fecured to be paid to him, according to the Provifion of this Act, and that he will once in three Months pay over to the faid Treasurer, all fuch Monies or Certificates for Intereft as he thall receive for Duties impofed by this Act, and each Collector shall before fome Affiftant or Justice of the Peace, previous to his entering upon the Execution of his Office, take the following Oath ;

You wear by the Name of the ever living God, that you will Form of the fully execute the Office of Collector of Impost, so long as you shall Office, according to the Condition of the Bond you have given as forejaid. So help you God.

Oath.

by Land regulated.

well and faithcontinue in jaid Collector as a

And be it further Enacted by the Authority aforesaid, That every Perfon Importing by Land from any Place out of this State into either of faid Towns, Importations either for the Purposes of Traffick or his own Confumption, any Articles whatever, by this Act liable to a Duty, fhall within twenty-four Hours after fuch Article or Articles thall have been thus imported, render under Oath, a true and juft Account in Writing of the Quantity and Kind of each Article thus imported, which Oath fuch Collector is hereby impowered to administer; and fuch Perfons fhall thereupon at the Time of rendering fuch Account, pay in Hand to fuch Collector, the Duty payable on fuch Articles, or if the Amount of the Duties exceed the Sum of Four Pounds, become bound to fuch Collector in a Bond with two fufficient Sureties, in the fame Manner in all refpects as is herein before prescribed with respect to Duties payable to a Naval Officer; and it fhall be the Duty of the Naval Officer or Collector, to whom a Manifest or Account fhall be (according to the Requirement of this Act) exhibited, and the Duties payable on the Goods, Wares and Merchandize enumerated in fuch Manifeft or Account paid, to give a Certificate thereof, if required by the Perfon exhibiting fuch Manifeft or Account, and paying fuch Duties; and if at the Time of feizing any Ship, Veffel, Boat, Goods, Wares and Merchandize, there fhall not be exhibited fuch Certificate to the Officer making fuch Seizure, by the Perfon from whom taken or fome other Perfon in his behalf, no Coft or Damage fhall be allowed the Profecutor of fuch Ship, Veffel, Boat, Goods, Wares, or Merchandize, although fuch Profecutor may prevail against the Libellant on a Claim and Trial, any thing in this Act to the contrary notwithstanding. And if any Perfon whatfoever shall import by Land into this State, any Article whatsoever liable by this Act to the Payment of a Duty, and fhall not render an Account thereof to the Collector, and alfo pay or secure to be paid as the Cafe fhall require, the Duties payable by this Act, according to the Provifions of this Act, every fuch Article fo imported, together with the Horse or Horses, Oxen, Cart, Waggon or Carriage, ufed and imployed in importing the fame, or tranfporting the fame from one Place to another, after having been fo imported, fhall be forfeited in the fame Manner, and may be feized, libelled and proceeded against in the fame Manner, and difpofed of to the fame Perfons and Purposes, as is herein before provided, with refpec to Veffels or Boats under the Burthen of thirty-five Tons, and their Cargoes, that are forfeited by this Act. And every Person who fhall import by Land into this State, or be aiding or atlifting therein, any Articles whatever liable by this Act to the Payment of a Duty, without rendering a true and juft Account thereof, according to the Provifions

Forfeitures.

How recovered.

Penalties.

of this Act, to the proper Collector, and paying or fecuring to be paid, the Duties payable on fuch Articles, according to the Requirements of this Act, fhall forfeit and pay for each Offence, double the Value of fuch Articles. And all the foregoing pecuniary Penalties, fhall be recoverable by Action of Debt, brought before any County Court proper to try the fame, and shall be in Cafe of being sued for by any private Perfon, one Half to him who fues for and recovers the fame, and the other Half to the Treasurer of this State, to and for the Ufe of the State, and in Cafe of being fued for by a Naval Officer How recoveror Collector appointed by this Act, or any Informing Officer, fuch Penalty fhall one fifth Part thereof be to the Naval Officer, Collector or Informing Of ficer, fuing therefor, and the other four Fifths to the Treasurer of the State, to and for the Use of this State.

ed.

Provided nevertheless, That where any of faid Penalties fhall be fued for by a Naval Officer, Collector or Informing Officer, the Defendant in fuch Ac- Provifo. tion shall not recover any Coft against fuch Plaintiff, notwithstanding the Caufe may have been decided in Favour of the Defendant, nor fhall the Defendant in fuch Cafe be liable to pay Coft to fuch Naval Officer.

And it is hereby declared to be the Duty of faid Naval Officer, Collector and Informing Officers, to Profecute every Breach of this Act, where a pecuniary Penalty is thereby incurred.

And be it further enacted by the Authority aforesaid, That every Naval Officer and Collector, as foon as any Bond taken by him for the Payment of Duties fhall become due, fhall as foon as may be, put the fame in Suit against all the Obligors, and no Appeal or Review fhall be allowed in any fuch Suit, and those Bonds that are not Cognizable by a single Minifter of Juftice, may be put in Suit before any Court proper to try the fame, who are hereby authorised to hear, try and determine the fame, without a Jury, tax Cofts, and grant Execution in common Form.

And be it further enacted by the Authority aforefaid, That the Monies arifing Monies 'how from the Duties impofed by this Act, hail be appropriated to pay the Intereft difpofed of. of the Monies loaned to this State; ane refpective Naval Officers and Collectors may receive Certificates of Interest figned by the Treasurer of this State for fuch Duties.

Provided nevertheless, That no Certificate for Intereft bearing Date before the first Day of laft February, fhall be receivable by fuch Naval Officers or Collectors.

Provided nevertheless, That nothing in this Act contained, fhall be conftrued to oblige the Mafter of any Sloop or Veffel of thirty-five Tons Burthen or more, bound to any other Port in this State, or to fome Port in any other State, that may happen to come into fome Port, Harbour or Creek, other than that to which fuch Ship, Veffel or Boat is deftined, to enter fuch Ship or Veffel at the Naval Office of that Port in which fuch Ship or Veffel may happen to come, provided the Mafter of fuch Ship or Veffel do not continue in fuch Port, Harbour, River or Creek, more than féventy-two Hours, or in Cafe of being obliged through ftrefs of Weather to continue longer, do make Report of his Ship or Veffel and Cargo to the proper Naval Officer, as foon as may be after said feventy-two Hours.

Provifo.