of the peace within the same, that he has sufficient reason to believe that the duties have been paid or secured to be paid thereon; and if any goods, wares, or merchandises, so waterborne, without a certificate accompanying the same, shall be put on shore, they shall, together with the vessel or craft from which they shall be delivered, be liable to seizure and condemnation in the court of the county or corporation, wherein seizure shall be made; one half to the use of the commonwealth, and the other half to the use of the person prosecuting for the same, which court is hereby authorised to take cognizance of, and determine all such causes according to the laws and usages observed in the court of admiralty, Provided, That where the value of the things seized and condemned shall exceed twenty pounds, an appeal shall lie to the court of admiralty, which is hereby authorised to take cognizance of and determine the same, the defendant in such case giving bond with security at the time of entering his appeal, to prosecnte the same with effect, in like manner as is required in cases of appeal from a county or corporation court to the general court; But the court of the county or corporation, in which such condemnation shall be had, may, notwithstanding such appeal, direct sale to be made of the things condemned, and the money arising therefrom, to be paid to the clerk of the court to await in his hands the determination of the court of admiralty.

When naval

XVIII. And be it enacted, That the several naval officers shall settle with the auditor of public accounts officers to acup to the first day of February next, and shall pay in- count. to the treasury all balances appearing then to be due from them, and shall thereafter pay quarterly into the treasury, all monies coming into their hands by virtue of their offices. All bonds for duties now unsatisfied in the hands of the said officers, shall by them be delivered to the solicitor, with an endorsement thereon of any partial payments which shall have been made, and of the times of such payments. And all bonds which shall rable. hereafter be taken for duties unpaid to the naval officers at the time of entry, shall by them be forthwith transmitted to the solicitor. For all bonds so delivered or transmitted to the solicitor, two receipts shall be given by him to the naval officer, who shall deposit with the auditor of public accounts one of such receipts, and a

Duty bonds how recove

list of the bonds put into the hands of the solicitor, and the auditor shall charge the solicitor with all such bonds. The solicitor shall advertise four weeks successively in the public Gazette, that such bonds are in his possession, specifying the sums due thereon, and the times at which the same will be payable, and on failure of payment, the solicitor shall at the succeeding general court, or county court of Henrico, move for judgment against the principals and securities in such bonds; and the said courts are hereby authorised to give judgments for the sumis due, with five per centum interest, and costs of suit; and on the executions to be issued thereupon, the clerk shall endorse "no security to be taken." And so soon as the solicitor shall receive all or any part of the sums due on such bonds or executions, he shall immediately pay the same into the treasury, and the receipts obtained therfor shall entitle him to a credit for Penalties on So much with the auditor. Any naval officer, or solinaval officers. citor, failing to pay the money into the treasury agreeably to this act, shall forfeit and pay five hundred pounds for every such failure, and shall be suspended from his office by the executive. And any naval officer failing to deliver the bonds to the solicitor as required by this act, shall forfeit and pay five hundred pounds for every such tailore, and shall in like manner be suspended from his office.

Bond and security by solicitor.

Within what

m. v be deli vered from a vessel.

XIX And be it enacted, That the solicitor shall, on or before the first day of February next, enter into bond with sufficient securities, payable to the governor for the time being, in the sum of ten thousand pounds, conditioned for the faithful performance of the duties of his office, and for the payment of all public monies by him received.

XX. And be it enacted, That no goods, wares, or hours goods merchandizes whatsoever, shall be delivered or unladen from any ship or other vessel importing the same, unless it be between sun-rise and sun-set; and in case any such be delivered or unladen at any other time, the same shall, if the packages or parcels be unkroken, be liable to seizure aud condemnation, although it shall appear that they have been regularly entered; and in case they shall not be in unbroken packages or parcels, it shall be considered as evidence that they have not been duly entered, and they shall, together with the vessel, rigging, tackle, apparel and furniture, be liable

to seizure and condemnation, as in other cases of unlawful delivery of unentered goods.

XXI. And be it enacted, That the several naval-of- Naval officers ficers, and searchers, shall be subject, the former to be and searchers how suspendsuspended, the latter to be suspended or displaced, at ed or remothe pleasure of the executive, and shall in the mode of ved. keeping their offices and books, and in the forms of making out their permits, certificates, returns, and other instruments of writing, obey such instructions as they may from time to time receive from the executive. And any member of the executive may at any time, with the approbation of the board, visit the several places where the naval-offices are kept, or searchers appointed; and shall have power to inspect their offices, books, and public papers, and to suspend any of the said officers for the space of one month, appointing another person to do the duties of the office in the mean time. And such member of the executive, during the time of performing such visit, shall be entitled to his salary, and shall moreover be allowed fifteen shillings per day for his travelling expences. Each naval-officer shall keep Seal of office a seal of office, of a form and device to be approved by the executive, and shall deposit with each of the other naval-officers, and with each of the searchers of his district, an exact impression thereof.

Subject to

controul of

executive.

When ships

XXII. And be it enacted, That if any ship or other vessel coming from sea, or from Maryland, shall pass to enter. Newport-News point without first making entry with the naval-officer, such slip or other vessel, together with her rigging. tackle, apparel and furniture, shall be liable to seizure and condemnation in the court of admiralty, one half to the commonwealth, the other half to the person suing for the same.

XXIII. And be it enacted, That in future all regis- Registers of ters of ships or other vessels shall be granted by the vessels. executive, and shall be signed by the governor, with the seal of the commonwealth annexed. And the clerk of the council shall, before he delivers any such regis ter, demand and receive fifteen shillings, if the vessel be under one hundred tous, and thirty shillings, if the vessel be of great burden; which money, after a deduction of two and a half per centum, as a commission to the said clerk, shall by him be quarterly paid into the treasury.

Duty on

goods bro't

recovered.

XXIV. And be it enacted, That the owner or im by land, how porter of any goods, wares, or merchandise, who shall bring the same by land into this commonwealth, shall, before he shall take any such goods, wares, or merchandise out of the waggon or other carriage, in which they may be brought into this commonwealth, go before the clerk, his deputy, or some acting magistrate of the county in which he wishes to unload any such wagon or carriage, and produce before such clerk, his deputy, or magistrate, an account of the quantity of any such goods which shall be in the said waggon or carriage, and also an invoice of the quantity and first cost of any other goods, wares, or merchandise, which may be in the same, and shall moreover make oath that the said account and invoice contain a true and just account of goods, wares, and merchandise, which he has brought in the said waggon or other carriage into this state. And if any such importer or owner shall unload any such waggon or other carriage, containing any of the above goods, wares, or merchandise, brought into this state by land, without having first entered the same as directed above, every such waggon or other carriage, together with the horses thereto belonging, and all such goods, wares, and merchandise, as shall be brought therein, shall be forfeited, and recovered by information in the court of the county; two thirds to the informer, and one third towards lessening the levy of the county where such conviction shall be made.

To whom

paid.

XXV. And be it further enacted, That every such importer or owner, on making such entry with the clerk, his deputy, or a magistrate, shall pay the duties directed by this act to be paid on such articles as shall be contained in the said account or invoice, or shall enter into bond with sufficient security to such magistrate, the clerk, or his deputy, for the payment of the same within six months. And where any such bond shall be given to a magistrate, he shall return the same within twenty days to the clerk of the court. And any such magistrate, clerk, or his deputy may, in case any importer or owner, of any such goods, wares, and merchandise, shall fail to pay the duties imposed thereon, or give bond as aforesaid, proceed (in like manner as is directed above for the naval officers) to seize and sell for ready money, at public sale, so much of the said goods as will pay the duties on the same.

XXVI. And be it further enacted, That it shall and may be lawful for any such magistrate, clerk, or his deputy, when any such entry shall be made with either of them, to open and examine any one or more bale, cask, or package, contained in such entry; and if the goods contained in any such bale, cask, or package, shall exceed by fifteen per cent. either in quantity or value, the quantity or value mentioned in the said entry, the waggon. horses, and all the goods, of what kind soever, shall be forfeited; to be recovered and divided in manner above directed.

Goods may be examined.

Penalty for failure to en

ter goods brought by

XXVII. And be it further enacted, That any such importer or owner bringing any such goods, wares, and merchandise into this state by land, who shall Tail to make such entry, shall for every waggon or other land carriage so employed, forfeit and pay the sum of twenty pounds; to be recovered and divided in the manner above directed. Provided, That he shall not be subject to this penalty, if the goods so imported and not entered, are themselves seized. Provided also, That no such information shall be filed more than six months after such entry ought to have been made.

How such du

ties recover

XXVIII. And be it further enacted, That when any such importer or owner shall fail to pay such duties on such goods, wares, and merchandise, when the same able. becomes due, it shall and may be lawful for the clerk of the court of the county where such bond is given, or his deputy, to move for judgment in the said court against the principal or his security, and the court is hereby authorized, previous notice being given of such motion, to give judgment for the same with interest, and five per cent. damages; and when execution issues, the clerk shall endorse "no security to be taken.”— All monies received by the clerks of the county courts by virtue of this act, shall be accounted for and paid by them in the same manner, and with the same allowance for their trouble, as the money arising on law process, and they shall be subject in case of neglect, to the same penalties and forfeitures that they are in that case.

Searchers, for such goods, how

XXIX. And be it further enacted, That it shall and may be lawful for the executive to appoint one or more searchers in any part of this state, to carry this part of appointed. this act into execution. And for the purpose of establishing and regulating drawbacks.