miralty, having jurisdiction in the colony or plantation where the cause of prosecution arises; and in cases where there shall happen to be no such Courts, then in any Court of Record or of Vice Admiralty having jurisdiction in some British colony or plantation near to that where the cause of prosecution arises; provided, that, in cases where a seizure is made in any other colony than that where the forfeiture accrues, such seizure may be prosecuted in any court of record, or of vice admiralty having jurisdiction either in the colony or plantation where the forfeiture accrues, or in the colony or plantation where the seizure is made, at the election of the seizor or prosecutor; and in cases where there shail happen to be no such courts in either of the last-mentioned colonies or plantations, then in the Court of Record, or of Vice Admiralty having jurisdiction in some British colony or plantation near to that where the forfeiture accrues, or to that where the seizure is made, at the election of the seizor or prosecutor.

LVIII. And be it further enacted, That if any goods Bail may be givor any ship or vessel shall be scized as forfeited under this en for goods or ships seized. act, or any act hereafter to be made, and detained in any of the British possessions in America, it shall be lawful for the judge or judges of any court having jurisdictionto try and determine such seizures, with the consent of the collector and controller of the customs, to order the delivery thereof on security by bond, with two sufficient sureties, to be first approved by such collector and controller, to answer double the value of the same in case of condemnation; and such bond shall be taken to the use of his Majesty in the name of the collector of the customs in whose custody the goods or the ship or vessel may be lodged, and such bond shall be delivered and kept in the joint custody of such collector and his controller; and in case the goods or the ship or vessel shall be condemned, the value thereof shall be paid into the hands of such collector, who shall thereupon, with the consent or privity of his controller, cancel such bond.

of officers of

customs, &c.

LIX. And be it further enacted, That no suit shall be Suits to be com commenced for the recovery of any penalty or forfeiture menced inname under this act, except in the name of some superior officer of the customs or navy, or other person employed as hereinbefore mentioned, or of his Majesty's advocate or attorney general for the place where such suit shall be commenced; and if a question shall arise whether any person is an officer of the customs or navy, or such other person as aforesaid, viva voce evidence may be given of such fact, and shall be deemed legal and sufficient evidence.

Onus probandi LX. And be it further enacted, That if any goods shall to lie on party. be seized for non-payment of duties, or any other cause of forfeiture, and any dispute shall arise whether the duties have been paid for the same, or the same have been lawfully imported, or lawfully laden or exported, the proof thereof shall lie on the owner or claimer of such goods, and not on the officer who shall seize and stop the same.

Claim to thing seized to be

entered inname of the owner.

No person admitted to enter

claim for any

thing seized,

LXI. And be it further enacted, That no claim to any thing seized under this act, and returned into any of his Majesty's courts for adjudication, shall be admitted, unless such claim be entered in the name of the owner, with his residence and occupation, nor unless oath to the property in such thing be made by the owner, or by his attorney or agent by whom such claim shall be entered, to the best of his knowledge and belief; and every person making a false oath thereto, shall be deemed guilty of a misdemeanor, and shall be liable to the pains and penalties to which persons are liable for a misdemeanor.

LXII. And be it further enacted, That no person shall be admitted to enter a claim to any thing seized in pursuance of this act, and prosecuted in any of the British posunless security sessions in America, until sufficient security shall have first given. been given, in the court where such seizure is prosecuted, in a penalty not exceeding sixty pounds, to answer and pay the costs occasioned by such claim; and in default of giving such security, such things shall be adjudged to be forfeited, and shall be condemned.

A month's no

tice of action to be given to offi

cers.

Actions to be

three months

LXIII. And be it further enacted, That no writ shall be sued out against, nor a copy of any process served upon any officer of the customs or navy, or other person as aforesaid, for any thing done in the exercise of his office, until one calendar month after notice in writing shall have been delivered to him. or left at his usual place of abode, by the attorney or agent to the party who intends to sue out such writ or process; in which notice shall be clearly and explicitly contained the cause of the action, the name and place of abode of the person who is to bring such action, and the name and place of abode of the attorney or agent; and no evidence of the cause of such action shall be produced, except of such as shall be contained in such notice, and no verdict shall be given for the plaintiff, unless he shall prove on the trial that such notice was given ; and in default of such proof, the defendant shall receive. in such action a verdict and costs.

LXIV. And be it further enacted, That every such acbrought within tion shall be brought within three calendar months after of the cause of the cause thereof, and shall be laid and tried in the place or district where the facts were committed, and the defendant may plead the general issue, and give the special mat

them.

ter in evidence; and if the plaintiff shall become non-suited, or shall discontinue the action, or if, upon a verdict or demurrer, judgment shall be given against the plaintiff, the defendant shall receive treble costs, and have such remedy for the same as any defendant can have in other cases where costs are given by law.

cause of sei

zure.

LXV. And be it further enacted, That, in case any in- Judge may ccrformation or suit shall be brought to trial on account of tify probable any seizure made under this act, and a verdict shall be found for the claimant thereof, and the judge or court before whom the cause shall have been tried, shall certify on the record that there was probable cause of seizure, the claimant shall not be entitled to any costs of suit, nor shall the person who made such seizure be liable to any action, indictment, or other suit or prosecution, on account of such seizure; and if any action, indictment, or other suit or prosecution, shall be brought to trial against any person on account of such seizure, wherein a verdict shall be given against the defendant. the plaintiff, besides the thing seized, or the value thereof, shall not be entitled to more than two pence damages, nor to any costs of suit, nor shall the defendant in such prosecution be fined more than one shilling.

LXVI. And be it further enacted. That it shall be Officer may lawful for such officer, within one calendar month after tender amends. such notice, to tender amends to the party complaining, or his agent, and to plead such tender in bar to any action, together with other pleas; and if the jury shall find the amends sufficient. they shall give a verdict for the defendant; and in such case, or in case the plaintiff shall become non-suited, or shall discontinue his action, or judgment shall be given for the defendant upon demurrer, then such defendant shall be entitled to the like costs as he would have been entitled to in case he had pleaded the general issue only: Provided always, that it shall be lawful for such defendant, by leave of the court where such action shall be brought, at any time before issue joined, to pay money into court as in other actions.

LXVII. And be it further enacted, That in any such tify probable Judge may ceraction, if the Judge, or Court before whom such action cause of action. shall be tried, shall certify upon the record that the defendant or defendants in such action acted upon probable cause, then the plantiff in such action shall not be entitled to more than two pence damages, nor to any costs of suit.

Recovery and

LXVIII. And be it further enacted. That all penalties and forfeitures recovered in any of the British Posses- application of sions in America under this act, shall be divided, paid, penalties. and applied as follows, (that is to say) after deducting

suits.

the charges of prosecution from the produce thereof, onethird part of the net produce shall be paid into the hands of the Collector of his majesty's Customs, at the port or place where such penalties or forfeitures shall be recovered for the use of his Majesty; one-third part to the Governor or Commander in Chief of the said Colony or Plantation, and the other third part to the person who shall seize, inform, and sue for the same; excepting such seizures as shall be made at sea by the Commanders or Officers of his Majesty's ships of war, duly authorized to make seizures, one moiety of which seizures and of the penalties. and forfeitures recovered thereon, first deducting the charges of prosecution from the gross produce thereof, shall be paid as aforesaid to the Collector of his Majesty's customs, to and for the use of his Majesty, and the other moiety to him or them who shall seize, inform, and sue for the same, any law, custom, or usage, to the contrary notwithstanding; subject, nevertheless, to such distribution of the produce of the scizures so made at sea, as well with regard to the moiety hereinbefore granted to his Majesty, as with regard to the other moiety given to the seizor or prosecutor, as his Majesty shall think fit to order and direct by any order or orders of Council, or by any proclamation or proclamations to be made for that purpose.

LXIX. And be it further enacted, That all actions or Limitation of suits for the recovery of any of the penalties or forfeitures imposed by this act, may be commenced or prosecuted at any time within three years after the offence committed, by reason whereof such penalty or forfeiture shall be incurred; any law, usage, or custom to the contrary notwithstanding.

Limitation of appeals.

LXX. And be it further enacted, That no appeal shall be prosecuted from any decree or sentence of any of his Majesty's Courts in America, touching any penalty or forfeiture imposed by this act, unless the inhibition shall be applied for and decreed within twelve months from the time when such decree or sentence was pronounced. LXXI. And be it further enacted, That all persons Persons autho- authorized to make seizures, under an act passed in the rized to make fifth year of the reign of his present Majesty, entitled 5 G. 4 c. 113, "An act to amend and consolidate the laws relating to the to have the be- abolition of the slave trade," shall, in making and prosenefit of this act. cuting any such seizures, have the benefit of all the provisions granted to persons authorized to make seizures under this act.

seizures under

Application of penalties under

LXXII. And be it further enacted, That all penalties 5 G. 4. c. 113. and forfeitures created by the said act passed in the fifth

year of his present Majesty, whether pecuniary or speci fic, shall (except in cases specially provided for by the said act,) go and belong to such persons as are authorized by that act to make seizures, in such shares, and shall and may be sued for and prosecuted, tried, recovered, distributed, and applied in such and the like manner, and by the same ways and means, and subject to the same rules and directions, as any penalties and forfeitures incurred in Great Britain and in the British possessions in America, respectively now go and belong to, and may be sued, prosecuted, tried, recovered, and distributed respectively in Great Britain, or in the said possessions, under and by virtue of this act.

trade of the

LXXIII. And be it further enacted, That it shall be The King may lawful for his Majesty, by and with the advice of his regulate the Privy Council, by any order or orders in Council to be Cape of Good issued from time to time, to give such directions and make Hope, &c. such regulations touching the trade and commerce to and from any British possessions on or near the continent of Europe, or within the Mediterranean Sea, or in Africa, or within the limits of the East India Company's charter, (excepting the possessions of the said company,) as to his Majesty in council shall appear most expedient and salutary; and if any goods shall be imported or exported in any manner contrary to any such order of his Majesty in Council, the same shall be forfeited, together with the ship importing or exporting the same.

LXXIV. And be it further enacted, That it shall be East India Company may lawful for the East India Company to trade in and excarry goods port from any place within the limits of their charter, any from India to goods for the purpose of being carried to some of his Ma- colonies. jesty's possessions in America, and so to carry and to import the same into any of such possessions; and. also, to carry return cargoes from such possessions to any place within the limits of their charter, or to the United Kingdom; and that it shall be lawful for any of his Majesty's subjects, with license in writing granted by or under the may trade to authority of the said company, to lade in and export from China or in tea, any of the dominions of the Emperor of China, any goods, having license and to lade in and export from any place within the limits from the Comof the said company's charter any tea, for the purpose of ed to the supbeing carried to some of his Majesty's possessions in ply of the coloAmerica, and, also, so to carry and import the same into nies. any of such possessions.

Private persons

pany, but limit

LXXV. And be it further enacted, That it shall be Certificate of lawful for any person, being the shipper of any sugar, the production of produce of some British possession within the limits of East India suthe East India Company's Charter, to be exported from any place in such possession, to go before the collector

gar.