STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 395 



against him, the defendant shall recover double costs; and in actions 

 suits or informations to be brought, where any seizure shall be made 

 pursuant to this act, if the property be claimed by any person, in 

 every such case the onus probandi shall lie upon such claimant. 

 And if any person shall forcibly resist, prevent, or impede any officer 

 of the customs or their deputies, or any person assisting them, in 

 the execution of their duty, such person so offending, shall for every 

 such offence, be fined in a sum not exceeding four hundred dollars. 



And if any master, or other person having the charge or com- 

 237 mand of any ship or vessel coming into, or arriving at any port 



or place within the United States, shall obstruct or hinder, 

 or shall be the cause or means of any obstruction or hindrance with 

 such an intent, to any officer of the customs or revenue, in going on 

 board such ship or vessel, for the purpose of carrying into effect any 

 of the revenue laws of the United States, he shall forfeit for every 

 such offence a sum not exceeding five hundred dollars, nor less than 

 fifty dollars; but the onus probandi shall lie on the claimant only 

 where probable cause is shown for such prosecution, to be judged of 

 by the court before whom the prosecution is had. 



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SEC. 89. And be it further enacted, That all penalties, accruing by 

 any breach of this act, shall be sued for, and recovered with costs of 

 suit, in the name of the United States of America, in any court com- 

 petent to try the same; and the trial of any fact, which may be put 

 in issue, shall be within the judicial district in which any such 

 penalty shall have accrued, and the collector, within whose district 

 the seizure shall be mace, or forfeiture incurred, is hereby enjoined 

 to cause suits for the same to be commenced without delay, and prose- 

 cuted to effect; and is moreover authorized to receive from the court 

 within which such trial is had, or from the proper officer thereof, the 

 sum or sums so recovered, after deducting all proper charges to be 

 allowed by the said court, and on receipt thereof the said collector 

 shall pay and distribute the same without delay, according to law, 

 and transmit quarter yearly to the treasury on account of all monies 

 by him received for fines, penalties and forfeitures, during such 

 quarter. And all ships or vessels, goods, wares or merchandise, 

 which shall become forfeited in virtue of this act, shall be seized, 

 libled and prosecuted as aforesaid, in the proper court having cogni- 

 zance thereof; which court shall cause fourteen days notice to be 

 given of such seizure and libel by causing the substance of such libel, 

 with the order of the court thereon, setting forth the time and place 

 appointed for trial, to be inserted in some newspaper published near 

 the place of seizure, and also by posting up the same in the most 

 public manner, for the space of fourteen days, at or near the place 

 of trial; for which advertisement a sum not exceeding ten dollars 

 shall be paid: And proclamation shall be made in such manner as 

 the court shall direct; and if no person shall appear and claim any 

 such ship or vessel, goods, wares or merchandise, and give bond to 

 defend the prosecution thereof, and to respond the cost in case he 

 shall not support his claim, the court shall proceed to hear and deter- 

 mine the cause according to law ; and upon the prayer of any claim- 

 ant to the court, that any ship or vessel, goods, wares or merchandise, 

 so seized and prosecuted, or any part thereof, should be delivered 



