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shall be ship'd or put on board without such Permit first obtained, and Bond given as before directed, the fare shall be forfeited. And if any Master of any Ship or Vessel shall take onboard any Wheat, Rye, Barley, Oats, Pease, or any other kind of Grain, until such Permit obtained and Bond given and pay the Sum of Fifty Pounds, to be respectively recovered in any of his Majesty's Courts of Record in this Province, or in the Court of Admiralty, by such Person or Persons who shall seize or sue for the same.
And it be further enacted, That all and every Ship, Vessel, Shallop, Boat, or Canoe, that shall or may hereafter during the Continuance of this Act) be Trading in the Bay of Fundy aforesaid, or on the Coast of Cape-Sable, in which Wheat, Rye, Barley, Oats, Pease, or any other kind of Grain whatsoever shall be suspected to be ship'd, contrary to the Intent of this Act, shall and are hereby declared to be subject and liable to the Visitation, Search and Examination of any of his Majesty's Ships of War, the armed Vessels and Boats of this Province, and to all said other Person and Persons as shall be appointed for that Purpose by the Governor or Commander in Chief for the Time being of this Province, who are hereby respectively empowered to search, seize, and bring in any Ship, Vessel, Shallop, Boat, or Canoe, together with the Master of such Ship or Vessel, or the Person or Persons navigating such Shallop, Boat, or Canoe, which they shall so find offending against this Act, that they may severily be proceeded against according to Law.
And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for any one of his Majesty's Justices of the Peace in this Province, upon Information made to him upon Oath, to issue his Warrant under his Hand and Seal, for the seizing any Wheat, Rye Barley, Oats, Pease, or any kind of Grain, which he shall be so informed has been ship'd contrary to the Directions of this Act, as also for the apprehending the Master of such Ship or Vessel, or the Navigators of such Shallop, Boat, or Canoe, in which the same shall have been so ship'd and the Person or Persons to whom such Warrants shall be directed shall and may lawfully enter any Ship or Vessel, Shallop, Boat or Canoe, in which such Wheat, Rye, Barley, Oats, Pease, or any kind of Grain is ship'd, and if there found, to seize and take the same into is or their Custody together with the Master of such Ship or Vessel, or the Navigators of such Shallop, Boat, or Canoe, and cause them to be conveyed before the said Justice, that they may be sent to Halifax in this Province, to be respectively proceeded against according to the Directions of this Act.
And whereas, Wheat, Rye, Barley, Oats, Pease, and several other kinds of Grains, are frequently transported in Shallops, Boats, and Canoes, from the Settlements on the South Side of the Bay of Fundy aforesaid to the Indians and French on the North Side of the same Bay; for the more effectual Prevention whereof,
Be it enacted by the Authority aforesaid, That any Shallop, Boat, or Canoe, which shall be found offending against this Act, over and above the Penalty and Forfeiture herein before specified shall be liable to, and shall and may be destroyed by any of the Persons hereby appointed to put this Act in Execution, and the Person or Person found navigating or conducting such Shallop, Boat, or Canoe, shall be liable to the Penalty of Fifty Pounds.
All the Penalties and Forfeitures acting by Force and Virtue of this Act, to be one Half to the Use of the Government of this his Majesty's Province, the other Half to the Informer or Seizer.
This Act to continue and be in Force for the Space of two Years, or until the same shall be disapproved by his Majesty, or repealed by the Legislature of this Province.