944 APPENDIX TO BRITISH CASE. 



sold, bartered for or exchanged; or if any goods or commodities 

 whatsoever shall oe found on board such ship, vessel, or boat, or 

 shall be discovered to have been on board, having been purchased or 

 taken in barter or exchange from the subjects of any foreign State; 

 then, and in every such case, to seize and send back such ship, vessel, 

 or boat, to the Island of Newfoundland; and that such ship, vessel, 

 or boat, and such goods and commodities so found on board, shall, 

 upon due condemnation, be forfeited and lost, and shall and may be 

 prosecuted for that purpose, by the officer or officers so seizing the 

 same, in the Vice Admiralty Court of the said island of Newfound- 

 land; such forfeiture to be given, one moiety to the said officer or 

 officers, and the other moiety to the Governor of Newfoundland for 

 the time being to be applied, under the direction of such governor, 

 in defraying the passages home of such person or persons as by this 

 or any former Act are directed to be sent back'to the country to which 

 they belong. 



XXI. And be it further enacted by the authority aforesaid, that 

 in case any libel, information, or other suit or proceeding whatsoever, 

 shall be commenced and brought to trial, in the Court of Vice Ad- 

 miralty in the said Island of Newfoundland, on account of the 



561 seizure of any ship, vessel, boat, or goods, for the condemnation 

 of the same, for any of the causes herein before mentioned, 

 wherein a decree shall be pronounced for or in favour of the de- 

 fendant or defendants, claimer or claimers thereof, and it shall appear 

 to the judge or court, before whom the same shall be tried, that there 

 was a probable cause for seizing the said ship, vessel, boat, or goods, 

 the judge before w r hom the said cause shall be tried shall certify on 

 the record that there was a probable cause for the seizing of the said 

 ship, vessel, boat, or goods; a copy of which certificate shall be de- 

 livered to the prosecutor, under the hands and seals of such judge 

 or judges; and that, in such case, the defendant shall not be entitled 

 to any costs of suit whatsoever, nor shall the person or persons who 

 seized such ship, vessel, boat, or goods, be liable to any action, indict- 

 ment, or other prosecution, on account of such seizure ; and that if any 

 action, indictment, or prosecution, shall be brought or preferred 

 against any person or persons, who shall have obtained such copy of 

 such certificate as aforesaid, in any of His Majesty's courts in Great 

 Britain, such copy shall be admitted in evidence on behalf of the de- 

 fendant or defendants, and shall have the like force and effect as the 

 certificate on record would have had in the case of such action, indict- 

 ment, or other prosecution, being brought or preferred in the Island 

 of Newfoundland, 



XXII. And be it also enacted by the authority aforesaid, that if 

 any action, indictment, or other prosecution, shall be commenced and 

 brought to trial against any person or persons whatsoever, on account 

 of the seizure of any such ship, vessel, boat, or goods, wherein a ver- 

 dict shall be given against the defendant or defendants, if the court 

 or judge before whom such action or prosecution shall be tried shall 

 certify on the record that there was a probable cause of such seizure, 

 that the plaintiff, besides his ship, vessel, boat, or goods, so seized, or 

 the value thereof, shall not be entitled to above two Pence damages, 

 nor to any costs of suit, nor shall the defendant in such prosecution be 

 fined above one Shilling. 



