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into the said Court for adjudication, shall be admitted unless the claim be entered under oath, with the name of the owner, his residence and occupation, and the description of the property claimed, which oath shall be made by the owner, his attorney, or agent, and to the best of his knowledge and belief, before any Justice of the Peace.

12. No person shall enter a claim to any thing seized under this Act, until security shall have been given in a penalty not exceeding sixty pounds, to answer and pay costs occasioned by such claim, and in default of such security, the things seized shall be adjudged forfeited, and shall be condemned.

13. No writ shall be sued out against any officer or other person authorized to seize under this Act, for any thing done thereunder, until one month after notice in writing delivered to him or left at his usual place of abode by the person intending to sue out such writ, his attorney, or agent; in which notice shall be contained the cause of action, the name and place of abode of the person who is to bring the action, and of his attorney, or agent; and no evidence of any cause of action shall be admitted, except such as shall be contained in the notice.

14. Every such action shall be brought within three months after the cause thereof has arisen.

15. If on any information or suit brought to trial under this Act, on account of any seizure, judgment shall be given for the claimant, and the Judge or Court shall certify on the Record that there was probable cause of seizure, the claimant shall not recover costs, and the person who made the seizure shall not be liable to any indictment or suit on account thereof. And if any suit or prosecution be brought against any person on account of such seizure, and judgment shall be given against him, and the Judge or Court shall certify there was probable cause for the seizure, then the plaintiff, besides the thing seized, or its value, shall not recover more than two pence damages, and no costs of suit; and the defendant shall not be fined more than one shilling.

16. The seizing officer may within one month after notice of action received, tender amends to the party complaining, or his attorney, or agent, and plead such tender.

17. All actions for the recovery of penalties or forfeitures

imposed by this Act, must be commenced within three years after the offence committed.

18. No appeal shall be prosecuted from any decree or sentence of any Court in this Province, touching any penalty or forfeiture hereby imposed, unless the inhibition be applied for, and decreed, within twelve months from the decree or sentence being pronounced.

19. All coasting vessels under sixty tons burthen, owned in this Province, and engaged in the coasting trade thereof, shall be furnished with a narrow piece of plank, or iron, affixed to the bottom of the keel, and level therewith, extending aft at least six inches beyond the aperture between the stern post and rudder, and well secured on the keel; but this Section shall not extend to vessels in which the main or false keel extends six inches beyond the aperture between the stern post and rudder.

20. Any owner or master of a coasting vessel not so furnished or built, running foul of any net set within or off the harbours, bays, or rivers of the coast of this Province, shall upon due proof thereof, forfeit five pounds, to be recovered by the party injured, to his own use as a private debt, leaving to such party grieved, nevertheless, his rights at common law for any further damages.

21. The owner of every vessel or boat under the burthen of fifteen tons belonging to this Province, and employed in fishing, coasting, or piloting, shall furnish a written description of the same, together with his own name, place of abode, and occupation, to the chief officer of the Provincial Treasury of the district wherein the owner resides; such officer shall thereupon grant to the owner a certificate, that the requisite description has been filed with him, and that a certain number has been fixed thereto; which number shall thereafter be painted conspicuously on both bows in figures not less than nine inches in length, and on the mainsail of such vessel or boat in figures not less than three feet in length.

22. Vessels or boats belonging to owners residing within the Bay of Fundy, shall be distinguished by numerals in red on the bows and mainsail; and vessels or boats belonging to owners residing on the Gulf coast of this Province, shall be distinguished by numerals in black upon a white patch on each bow, and in black upon the mainsail of such boat or vessel.

23. Every vessel or boat under the burthen of fifteen tons, belonging to this Province, and found fishing, coasting, or piloting near its shores, without bearing a distinguishing number on the bows and mainsail, as above provided, shall be seized and detained until properly numbered, and until the payment of a fine not exceeding five pounds.

24. If the owner of any vessel or boat under the burthen of fifteen tons, shall make any false or fraudulent description of the same, or any misrepresentation whatsoever, in order to obtain a certificate and number therefor, he shall forfeit twenty pounds.

25. If any person shall make a false or fraudulent declaration, oath, or representation with reference to the sale, transfer, registry, or re-registry of any ship or vessel above the burthen of fifteen tons, or shall conspire or collude with a foreigner in any false or fraudulent transfer of a foreign ship or vessel, either to obtain a British register therefor, or for any false, fraudulent, or deceptive purpose, or shall wilfully and knowingly aid in giving to the master or owner of a foreign vessel, being a foreigner, the character of a British subject, or to a foreign vessel the character of a British vessel, he shall forfeit one hundred pounds.

26. The Lieutenant Governor may by Commission under the Great Seal, appoint the Officer in command of any of Her Majesty's Vessels of War, employed on the coasts of this Province in the protection of the Fisheries, to be a Justice of the Peace in any or every County of this Province; such Commission to be in force while such Officer is employed on the coast in the protection of the Fisheries, and in command of one of Her Majesty's Vessels.

27. In this Chapter, "Vessels" shall include Ships, and "Harbours" shall include Ports, Bays, and Creeks.

28. This Act shall not come into operation until Her Majesty's approbation is thereunto had and declared.

[This Act was specially confirmed, ratified, and finally enacted, by an Order of Her Majesty in Council dated the 24th day of October 1853, and published and declared in the Province the 16th day of November 1853.]

6th GEORGE 4th-CHAPTER 4.

An Act to encourage the establishment of Banks for Savings in this Province.

Section.

1. Who entitled to the benefit of the Act, and what rules, &c. to enter.

2. Where to enter same, who to file, and effect of.

3. What Officers to receive no benefit from Institution. Exception as to salaried officers.

4. Rules, &c., when binding on Members and Officers; what to be evidence; when not to be removed; what fees. 5. Shares of Minors, how paid.

6. Who required to give Bonds; to whom, and how enforced.

7. Effects of Institution, in whom vested; who may sue and be sued, &c.

8. What moneys may be vested in Province Treasury.

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WHEREAS Certain Provident Institutions or Banks for Savings have been established in this Province for the safe custody and increase of small savings belonging to mechanics, labourers, servants, and others the industrious classes of His Majesty's subjects; and it is expedient to give protection to such Institutions and the funds thereby established, and to afford encouragement to others to form the like Institutions ;

Be it therefore enacted, &c.-1. If any number of persons who have formed or shall form any Society in any part of this Province, for the purpose of establishing and maintaining any Institution in the nature of a Bank to receive deposits of money for the benefit of the persons depositing the same, and to accumulate the produce of so much as shall not be required by the depositors, their executors, or administrators, to be paid in the nature of compound interest, and to return the whole or any part of such deposit and the produce thereof, to the depositors, their executors, or administrators, deducting only out of such produce so much as shall be required to be so retained for the purpose of paying and discharging the necessary expenses attending the management of such Institution, according to such rules, orders, and regulations as shall have been or shall be established for that purpose, but deriving no benefit whatsoever from any such deposit or the produce thereof, shall be desirous of having the benefit of the provisions of this Act, such persons shall cause the rules, orders, and regulations

established or to be established for the management of such Institution, to be entered, deposited, and filed in manner hereinafter directed, and thereupon shall be deemed to be entitled to and shall have the benefit of the provisions contained in this Act. 2. Provided always, That no such Institutions as aforesaid shall have the benefit of this Act unless the rules, orders, and regulations for the management thereof, shall be entered in a Book or Books to be kept by an officer of such Institution to be appointed for that purpose; and which Book or Books shall be open at all seasonable times for the inspection of the persons making deposits in the funds of such Institutions, and unless such rules, orders, and regulations shall be fairly transcribed on parchment, and such transcript shall be deposited with the Clerk of the Peace for the County, or City and County wherein such Institution shall be established; which transcript shall be filed by such Clerk of the Peace with the Records in his custody, without any fee or reward to be paid in respect thereof; but nevertheless nothing herein contained shall extend to prevent any alteration in, or amendment of any such rules, orders, or regulations so entered and deposited and filed as aforesaid, or repealing or annulling the same or any of them in the whole or in part, or making any new rules, orders, or regulations for the management of any such Institution, in such manner as by the rules, orders, and regulations of such Institution shall from time to time be provided; but such new rules, orders, or regulations, or such alteration in or amendment of former rules, orders, or regulations, or any order annulling or repealing any former rule, order, or regulation in the whole or in part, shall not be in force until the same respectively shall be entered in such Book or Books as aforesaid, and a transcript or transcripts thereof shall be deposited with such Clerk of the Peace as aforesaid, who shall file the same without fee or reward as aforesaid.

3. Provided also, That no such Institution as aforesaid shall have the benefit of this Act unless it shall be expressly provided by the rules, orders, and regulations for the management thereof, that no person or persons being Treasurer, Trustee, or Manager of such Institution, or having any control in the management thereof, shall derive any benefit from any deposit made in such Institution, but that the persons deposit

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