STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1043 



in the name of Her Majesty, and shall be prosecuted by Her Majesty's 

 Advocate or Attorney General, or, in his absence, by the Solicitor 

 General, for this Island ; and if any question shall arise whether any 

 person is an Officer of the Customs, Excise, Sheriff, Magistrate, or 

 other person authorized to seize as aforesaid, viva voce evidence may 

 be given of such fact, and it shall be deemed legal and sufficient 

 evidence. 



VII. [VIII.] And be it further enacted, That if any goods, ship, 

 vessel or boat shall be seized for any cause or forfeiture under this 

 Act, and any dispute shall arise whether the same have been lawfully 

 seized, the proof touching the illegality thereof, shall be on the 

 owner or claimant of such goods, ship, vessel, or boat, and not on 

 the officer or person who shall seize and stop the same. 



IX. And be it further enacted, That no claim to any thing seized 

 under this Act and returned into Her Majesty's Court of Vice Ad- 

 miralty 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. 



X. 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 prose- 

 cuted in this Island, until sufficient security shall have 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. 



XI. 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, Excise, Sheriff, Magistrate, or other person authorised to 

 seize 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 of the party who intends to sue out such Writ or Process, 

 in which notice shall be clearly and explicitly contained, the cause of 

 action, and the name and place of abode, of the person who is to 

 bring such action, and the name and place of abode or [of] the At- 

 torney 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, or Judg- 

 ment of nonsuit shall be awarded against the Plaintiff, as the Court 

 shall direct. 



XII. And be it further enacted, That every such action shall be 

 brought within Three calendar Months after the cause thereof, and 

 shall be laid and tried in her Majesty's Supreme Court of Judicature 

 for this Island, and the Defendant may plead the general issue, and 

 give the special matter in evidence; and if the Plaintiff shall become 

 nonsuited, or shall discontinue the action, or if upon a verdict or 

 demurrer, Judgment shall be given against the Plaintiff, the De- 



