Page:Ruffhead - The Statutes at Large - vol 9.djvu/211

 A. D. 1763. Anno quarto Georgi^ III. C. 15. 161 Ufe of his Majefty, his Heirs and Succeffors, and the other Moiety to him or them who fhall feize, inform, and fue for the fame; any Law, Cuftom, or Ufage, to the contrary notwithftanding ; fub- j'ect neverthelefs to fuch Diftribution of the Produce of the Seizures fo made at Sea, as well with re- fubjecT: neverthelefs to _ gard to the Moiety herein before granted to his Majefty, his Heirs and Succeffors, as with regard to M^'^onto of *"' the other Moiety given to the Seizor or Profecutor, as his Majefty, his Heirs and Succeffors, fhall council, or Proclama- think fit to order and direct by any Order or Orders of Council, or by any Proclamation or Procla- tion, fna'll make. matrons, to be made for that Purpofe. XLIII. Provided always, and it is hereby further enacted by the Authority aforefaid, That if the Where the Seizure (ball Produce of any Seizure made in America fhall not be fufficient to anfwer the Expences of Condem- "° l p nf ^ er the . Ex P c " ce nation and Sale ; or if, upon the Trial of any Seizure of any Ship or Goods, a Verdict or Sentence g a ] e °" emnatlon an {hall be given for the Claimant, in either of thofe Cafes the Charges attending the feizing and profe- or a Verdia be given cuting fuch Ship or Goods fhall and may, with the Confent and Approbation of any four of the for the Claimant, Commiffioners of his Majefty's Cuftoms, be paid out of any Branch of the Revenue of Cuftoms the Charges with A P - arifing in any of the Britijh Colonies or Plantations in America ; any thing in this or any other Act ^Vnere may be°de" of Parliament to the contrary notwithftanding. fraye<1 out ' r the Cuf-* toms in America. XLIV. And it is hereby further enacted by the Authority aforefaid, That from and after the faid No Claim to be admit- twenty-ninth Day of September one thoufand feven hundred and fixty-four, no Perfon fhall be ad- te6 > tin Security to an- .mitted to enter a Claim to any Ship or Goods feized in purfuance of this or any other Act of Parlia- [heAmount of 6 8 1 ' and ment, and profecuted in any of the Britifli Colonies or Plantations in America, until fufficient Secu- rity be firft given, by Perfons of known Ability, in the Court where fuch Seizure is profecuted, in . the Penalty of fixty Pounds, to anfwer the Cofts and Charges of Profecution ; and, in default of o 00 ds to be condemned giving fuch Security, fuch Ship or Goods fhall be adjudged to be forfeited, and fhall be con- demned. .... „,. _ XLV. And it is hereby further enacted by the Authority aforefaid, That from and after the twen- ^{^Ji^lncllfe ty-ninth Day of September one thoufand feven hundred and fixty-four, if any Ship or Goods fhall be f Forfeiture, the Own- feized for any Caufe of Forfeiture, and any Difpute fhall arife whether the Cuftoms and Duties for cr is to prove the'Mat- fuch Goods have been paid, or the fame have been lawfully imported or exported, or concerning the ter in Difpute. Growth, Product, or Manufacture, of fuch Goods, or the Place from whence fuch Goods were brought, then, and in fuch Cafes, the Proof thereof fhall lie upon the Owner or Claimer of fuch Ship or Goods, and not upon the Officer who fhall feize or flop the fame; any Law, Cuftom, or Ufage, to the contrary notwithftanding. • ■_'. XLVI. And be it further enacted by the Authority aforefaid, That from and after the twenty- ^J x " n Aml"!"' ninth Day of September one thoufand feven hundred and fixty-four, in cafe any Information fhall be ' ' ' commenced and brought to Trial in America, on account of any Seizure of any Ship or Goods as forfeited by this or any other Act of Parliament relating to his Majefty's Cuftoms, wherein a Verdict -or Sentence fhall be given for the Claimer thereof; and it fhall appear to the Judge or Court before of Sefzureappears/tiie •whom the fame fhall be tried, that there was a probable Caufe of Seizure, the Judge or Court be- judge mall certify' the fore whom the fame fhall be tried fhall certify on the Record or other Proceedings, that there was fame on the Record ; a probable Caufe for the Profecutors feizing the faid Ship or Goods ; and, in fuch Cafe, the De- and the Defendant (hall fendant fhall not be intitled to any Cofts of Suit whatfoever; nor fhall the Perfons who feized the J^ "°. Cofts ' nor faid Ship or Goods be liable to any Action, or other Suit or Profecution, on account of fuch Seizure : ' And in cafe any Action, or other Suit or Profecution, fhall be commenced and brought to Trial * n j! In s "' ts '7' I ] 1 | e !' e no againft any Perfon or Perfons whatfoever, on account of the feizing any fuch Ship or Goods, where com^''"^^ brought •no Information fhall be commenced or brought to Trial to condemn the fame, and a Verdict or t0 Trial, Sentence fhall be given upon fuch Action or Profecution againft the Defendant or Defendants, if the Court or Judge before whom fuch Action or Profecution, fhall certify in like manner as aforefaid and the Court fnsl! cer - that there was a probable Caufe for fuch Seizure, then the Plaintiff, befides his Ship or Goods {o t £z£ e "™*J xobMe feized, or the Value thereof, fhall not be intitled to above two Pence Damages, nor to any Cofts of t |, e pi a i nt ift" (hail have Suit; nor fhall the Defendant in fuch Profecution be fined above one Shilling. but ad. Damages, and no Cofts ; and the Defendant be fined not more than 1 s, XLVII. And be it further enacted by the Authority aforefaid, That if any Action or Suit fhall be commenced, either in Great Britain or America, againft any Perfon or Perfons for any thing done in purfuance of this or any other Act of Parliament relating to his Majefty's Cuftoms, the Defendant or Defendants in fuch Action or Suit may plead the General Iffue, and give the faid Acts, and General Miie, the Special Matter, in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of fuch Act; and if it fhall appear fo to have been done, the Jury fhall find for the Defendant or Defendants ; and if the Plaintiff fhall be nonfuited, or difcontinue his Action after the Defendant or Defendants fhall have appeared, or if Judgment fhall be given upon any Verdict or Demurrer againft the Plaintiff, the Defendant or Defendants fhall recover treble Cofts, and have the like Remedy for the fame as Defendants have in other Cafes by Law. rre e s ' Vol. IX. 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