1044 APPENDIX TO BRITISH CASK. 



fendant 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. 



619 XIII. And be it further enacted, That in case any in- 

 formation or suit shall be brought to trial, on account of 

 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 prob- 

 able 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 any 

 such seizure; and if any such 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 Defend- 

 ant, the Plaintiff besides the thing seized or the value thereof, shall 

 be entitled to no more than Two-pence damages, nor to any costs of 

 suit, nor shall the Defendant in such prosecution, be fined more than 

 One Shilling. 



XIV. And be it further enacted, That it shall be lawful for any 

 such officer of the Customs, Excise, or Sheriff, or Magistrate, or other 

 person, authorised to seize as aforesaid, within One calendar Month 

 after 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 nonsuit, 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; pro- 

 vided always, that it shall be lawful for such Defendant by leave 

 of the Court, where such action shall be brought at any time before 

 or after issue joined, to pay money into Court as in other actions. 



XV. And be it further enacted, That in any such action, if the 

 Judge or Court before whom such action shall be tried, shall certify 

 upon the Record that the Defendant or Defendants in such actior 

 acted upon probable cause, then the Plaintiff in such action, shall not 

 be entitled to more than Two-pence damages nor to any costs of suit 



XVI. And be it further enacted, That all actions or 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 Yeai^ 

 after the offence was committed by reason whereof such penalties or 

 forfeitures shall be incurred, any law, usage or custom to the con- 

 trary notwithstanding. 



XVII. And be it further enacted, That no appeal shall be prose- 

 cuted from any Decree or Sentence of any of Her Majesty's Courts 

 in this Island, touching any penalty or forfeiture imposed by this 

 Act, unless the inhibition shall be applied for and decree within 

 Twelve months from the time when such decree or sentence was pro- 

 nounced. 



XVIII. And be it further enacted, That this Act shall not go into 

 force or be of any effect until Her Majesty's assent shall be signified 

 thereto, and an order made by Her Majesty in Council, that the 

 clauses and provisions of this Act shall be the rules, regulations and 



