362 APPENDIX TO IJKITIS11 COUXTKH <:ASE. 



subject nevertheless to such Distribution of the Produce of the Sei- 

 zures so made at Sea, as well with regard to the Moiety herein before 

 granted to his Majesty, his Heirs and Successors, as with regard to 

 the other Moiety given to the Seizor or Prosecutor, as his Majesty, 

 his Heirs and Successors, shall think fit to order and direct by any 

 Order or Orders of Council, or by any Proclamation or Proclama- 

 tions, to be made for that Purpose. 



XLIII. Provided always, and it is hereby further enacted by the 

 Authority aforesaid, That if the Produce of any Seizure made in 

 America shall not be sufficient to answer the Expences of Condemna- 

 tion and Sale; or if, upon the Trial of any Seizure of any Ship or 

 Goods, a Verdict or Sentence shall be given for the Claimant, in either 

 of those Cases the Charges attending the seizing and prosecuting such 

 Ship and Goods shall and may, with the Consent and Approbation of 

 any four of the Commissioners of his Majesty's Customs, be paid out 

 of any Branch of the Revenue of Customs arising in any of the 

 British Colonies or Plantations in America; any thing in this or any 

 other Act of Parliament to the contrary notwithstanding. 



XLIV. And it is hereb} 7 further enacted by the Authority afore- 

 said, That from and after the said twenty-ninth Day of September 

 one thousand seven hundred and sixty-four, no Person shall be ?ul- 

 mitted to enter a Claim to any Ship or Goods seized in pursuance of 

 this or any other Act of Parliament, and prosecuted in any of the 

 British Colonies or Plantations in America, until sufficient Security 

 be first given, by Persons of known Ability in the Court where such 

 Seizure is prosecuted, in the Penalty of sixty Pounds, to answer the 

 Costs and Charges of Prosecution; and, in default of giving such 

 Security, such Ship or Goods shall be adjudged to be forfeited, und 

 shall be condemned. 



XLV. And it is hereby further enacted by the Authority afore- 

 said, That from and after the twenty-ninth Day of September one 

 thousand seven hundred and sixty-four, if any Ship or Goods shall 

 be seized for any Case of Forfeiture, and any Dispute shall arise 

 whether the Customs and Duties for such Goods have been paid, or 

 the same have been lawfully imported or exported, or concerning the 

 Growth, Product, or Manufacture, of such Goods, or the Place from 

 whence such Goods were brought, then, and in such Cases, the Proof 

 thereof shall lie upon the Owner or Claimer of such Ship or Goods, 

 and not upon the Officer who shall seize or stop the same ; any Law, 

 Custom, or Usage, to the contrary notwithstanding. 



XLVI. And be it further enacted by the Authority aforesaid, That 

 from and after the twenty-ninth Day of September one thousand 

 seven hundred and sixty-four, in case any Information shall be com- 

 menced and brought to Trial in America, on account of any seizure 

 of any Ship or Goods as forfeited by this or any other Act of Parlia- 

 ment relating to his Majesty's Customs, wherein a Verdict or Sentence 

 shall be given for the Claimer thereof; and it shall appear to the 

 Judge or Court before whom the same shall be tried, that there was 

 a probable Cause of Seizure, the Judge or Court before whom the 

 same shall be tried shall certify on the record or other Proceedings, 

 that there was a probable Cause for the Prosecutors seizing the said 

 Ship or Goods; and, in such Case, the Defendant shall not be intitled 

 to any Costs of Suit whatsoever; nor shall the Persons who seized the 

 said Ship or Goods be liable to any Action, or other Suit or Prosecu- 



