384 APPENDIX TO BRITISH COUNTER CASE, 



LXV. And be it further enacted, That in case any Information 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 probable 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 such Seizure ; and if any 

 Action, indictment or other Suit or Prosecution shall be brought to 

 Trial against any Person on account of such Seizure, wherein a Ver- 

 dict shall be given against the Defendant, the Plaintiff, besides the 

 thing seized, or the Value thereof shall not be entitled to more than 

 Two Pence Damages, nor to any Costs of Suit, nor shall the Defend- 

 ant in such Prosecution be fined more than One Shilling. 



LXVL And be it further enacted, That it shall be lawful for such 

 Officer, 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 be- 

 come nonsuited, 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 : Provided always, that 

 it shall be lawful for such Defendant, by Leave of the Court, where 

 such Action shall be brought, at any Time before Issue joined, to pay 

 Money into Court as in other Actions. 



LXVIL 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 

 Action 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. 



LXVIII. And be it further enacted, That all Penalties and For- 

 feitures recovered in any of the British Possessions in America under 

 this Act, shall be divided, paid and applied as follows; (that is to 

 say,) after deducting the Charges of Prosecution from the Produce 

 thereof, One third Part of the net Produce shall be paid into the 

 Hands of the Collector of His Majesty's Customs at the Port or Place 

 where such Penalties or Forfeitures shall be recovered for the Use 

 of His Majesty; one Third Part to the Governor or Commander in 

 Chief of the said Colony or Plantation, and the other Third Part 

 to the Person who shall seize, inform and sue for the same ; excepting 

 such Seizures as shall be made at Sea by the Commanders or Officers 

 of His Majesty's Ships of War, duly authorized to make Seizures, 

 One Moiety of which Seizures and of the Penalties and Forfeitures 

 recovered thereon, first deducting the Charges of Prosecution from 

 the gross Produce thereof, shall be paid as aforesaid to the Collector 

 of His Majesty's Customs, to and for the Use of His Majesty, and 

 the other Moiety to him or them who shall seize, inform and sue for 

 the same, any Law, Custom or Usage to the contrary notwithstand- 

 ing; subject nevertheless to such Distribution of the Produce of the 

 Seizures so made at Sea, as well with regard to the Moiety herein- 

 before granted to His Majesty as with regard to the other Moiety 



