1276 APPENDIX TO BRITISH CASE. 



236. If in any case the Attorney General of this Colony is satisfied 

 that the penalty or forfeiture was incurred without intended fraud, 

 he may enter a nolle prosequi on such terms as he sees fit, which shall 

 be binding on all parties; and the entry of such nolle prosequi shall be 

 reported to the Receiver General with the reasons therefor. 



237. In any prosecution, suit, or other proceeding for the recovery 

 of any penalty or in respect of any forfeiture as aforesaid, or for any 

 offence against this Act, or any other law relating to the Customs, or 

 to trade or navigation, the averment that the cause of prosecution or 

 euit arose, or that such offence was committed within the limits of 

 any district, port or place, shall be sufficient evidence of the fact with- 

 out proof of such limits, unless the contrary is proved. 



238. If in any prosecution, information or suit respecting any 

 seizure made under this Act, or any law relating to the Customs, de- 

 cision or judgment is given for the claimant, and if the Judge or 

 Court before whom the cause has been tried or brought, certifies that 

 there was probable cause for 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 ac- 

 count of such seizure; and if any action, indictment, or other suit or 

 prosecution is brought against any person on account of his making 

 or being concerned in the making of such seizure, the plaintiff, if 

 probable cause is certified as aforesaid, shall not be entitled to more 

 than twenty cents damages or to any costs, nor shall the defendant 

 in such prosecution in such case be fined more than ten dollars. 



239. If any prosecution or suit is brought for any penalty or for- 

 feiture under this Act or any other law relating to the Customs or to 

 trade or navigation, and any question arises as to the identity or 

 origin of the goods seized, or as to the payment of the duties on any 

 goods, or as to the lawful importation thereof, or as to the lawful 

 lading or exportation of the same, or as to the doing or omission of 

 any other thing by which such penalty or forfeiture would be in- 

 curred or avoided, the burden of proof shall lie on the owner or claim- 

 ant of the goods, and not on the Crown, or on the person bringing 

 such prosecution or suit. 



240. All vessels, vehicles, goods and other things seized as forfeited 

 under this Act, or any other law relating to Customs or to trade or 

 navigation, shall be placed in the custody of the nearest collector, and 

 secured by him, or if seized by any officer in charge of a revenue ves- 

 sel, shall be retained on board thereof until her arrival in port, and 

 shall be deemed and taken to be condemned, without suit, information 

 or proceedings of any kind, and may be sold, unless the person in whose 

 possession or custody they w r ere seized, or the owner thereof or some 

 person on his behalf, within one month from the day of seizure, gives 

 notice in writing to the seizing officer or other chief officer of the Cus- 

 toms at St. John's, that he claims or intends to claim the same ; and 

 the burden of proof that such notice was duly given in any case shall 

 lie upon the person so claiming. 



241. Proceedings for the condemnation of the things seized may be 

 commenced and prosecuted to judgment, even if no such notice has 

 been given. 



242. Whenever under any provision of this Act any penalty may be 

 recovered or any forfeiture may be enforced by action, suit or pro- 

 ceeding, the seizure by an officer of Customs or person acting in his 



