STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 363 



tion, on account of such Seizure; And in case any Action, or other 

 Suit or Prosecution, shall be commenced and brought to Trial against 

 any Person or Persons whatsoever, on account of the seizing any such 

 Ship or Goods, where no information shall be commenced or brought 

 to Trial to condemn the same and a Verdict or Sentence shall be givtn 

 upon such Action or Prosecution against the Defendant or Defend- 

 ants, if the Court or Judge before whom such Action or Prosecution 

 may be brought, shall certify in like manner as aforesaid that there 

 was a probable Cause for such Seizure, then the Plaintiff, besides his 

 Ship or Goods so seized, or the Value thereof, shall not be intitled 

 to above two Pence Damages, nor to any Costs of Suit ; nor shall the 

 Defendant in such Prosecution be fined above one Shilling. 



XL VII. And be it further enacted by the Authority aforesaid, 

 That if any Action or Suit shall be commenced, either in Great 

 Britain or America, against any Person or Persons for any thing 

 done in pursuance of this or any other Act of Parliament relating to 

 his Majesty's Customs, the Defendant or Defendants in such Action 

 or Suit may plead the General Issue, and give the said Acts, and the 

 Special Matter, in Evidence at any Trial to be had thereupon, and 

 that the same was done in pursuance and by the Authority of such 

 Act ; and if it shall appear so to have been done, the Jury shall find 

 for the Defendant or Defendants; and if the Plaintiff shall be non- 

 suited, or discontinue his Action after the Defendant or Defendants 

 shall have appeared, or if Judgment shall be given upon any Verdict 

 or Demurrer against the Plaintiff, the Defendant or Defendants shall 

 recover treble Costs, and have the like Remedy for the same as De- 

 fendants have in other Cases by Law. 



219 No 51765: Extract from British Statute, 5 George HI, 



Cap. 4> 



An Act for more effectually securing and encouraging the Trade of his 

 Majesty's American Dominions; for repealing the Inland Duty on Coffee, 

 imposed by an Act made in the Thirty-second Year of his late Majesty King 

 George the Second ; and for granting an Inland Duty on .all Coffee imported 

 (except Coffee of the Growth of the British Dominions in America; for 

 altering the Bounties and Drawbacks upon Sugars exported; for repealing 

 Part of an Act made in the Twenty-third Year of his said late Majesty, 

 whereby Bar Iron made in the said Dominions was prohibited to be ex- 

 ported from Great Britain, or carried Coastwise; and for regulating the Fees 

 of the Officers of the Customs in the said Dominions. 



****** 

 "XXIV And whereas the Masters of several Ships or Vessels 

 sailing from the British American Colonies or Plantations, have 

 cleared out from thence in Ballast, without taking any Goods on 

 board there, purposely to evade giving Bond, as directed by the 

 before-recited Act made in the last Session of Parliament,- with Con- 

 dition, that in case any Molasses or Syrups, being the Produce of 

 any of the Plantations not under the Dominion of his Majesty, his 

 Heirs or Successors, shall be laden on board such Ship or Vessel, the 

 same shall (the Danger of the Seas and Enemies excepted) be 

 Bought without Fraud or wilful Diminution, by the said Ship, or 

 Vessfl, to some of his Majesty's Colonies or Plantations in America, 



4 Geo III, c. 15 supra. 



