396 APPENDIX TO BRITISH COUNTER CASE. 



to such claimant, it shall be lawful for the court to appoint three 

 proper persons to appraise such ship or vessel, goods, wares or mer- 

 chandise, who shall be sworn in open court for the faithful discharge 

 of their duty; and such appraisement shall be made at the expense 

 of the party on whose prayer it is granted; and on the return of such 

 appraisement, if the claimant shall, with one or more sureties, to be 

 approved of by the court, execute a bond in the usual form to the 

 United States, for the payment of a sum equal to the sum at which 

 the ship or vessel, goods, wares or merchandise, so prayed to be 

 delivered, are appraised, and moreover produce a certificate from the 

 collector of the district wherein such trial is had, and of the naval 

 officer thereof, if any there be, that the duties on the goods, wares 

 and merchandise, or tonnage duty on the ship or vessel, so claimed, 

 have been paid or secured in like manner, as if the goods, wares or 

 merchandise, ship or vessel had been legally entered, the court shall, 

 by rule, order such ship or vessel, goods, wares or merchandise, to 

 be delivered to the said claimant, and the said bond shall be lodged 

 with the proper officer of the court, and if judgment shall pass in 

 favour of the claimant, the court shall cause the said bond to be 

 cancelled; but if judgment shall pass against the claimant, as to the 

 whole, or any part of such ship or vessel, goods, wares or merchan- 

 dise, and the claimant shall not within twenty days thereafter pay 

 into the court, or to the proper officer thereof, the amount of the 

 appraised value of such ship or vessel, goods, wares or merchandise 

 so condemned, with the costs, judgment shall and may be granted 

 upon the bond or motion in open court, without further delay. And 

 when any prosecution shall be commenced, on account of the sei/ure 

 of any ship or vessel, goods, wares or merchandise, and judgment 

 shall be given for the claimant or claimants ; if it shall appear to the 

 court before whom such prosecution shall be tried, that there was a 

 reasonable cause of seizure, the said court shall cause a proper cer- 

 tificate or entry to be made thereof, and in such case the claimant or 

 claimants shall not be entitled to costs, nor shall the person who made 

 the seizure or the prosecutor, be liable to action, suit or judgment 

 on account of such seizure and prosecution : Provided, that the ship 

 or vessel, goods, wares or merchandise, be after judgment forthwith 

 returned to such claimant or claimants, his, her, or their agent or 

 agents: And provided, that no action or prosecution shall be main- 

 tained in any case under this act, unless the same shall have been 

 commenced within three years next after the penalty or forfeiture 



was incurred. 



******* 



SEC. 91. And be it further enacted, That all fines, penalties, and for- 

 feitures, recovered by virtue of this act (and not otherwise appropri- 

 ated) shall, after deducting all proper costs and charges, be disposed 

 of as follows : one moiety shall be for the use of the United States, and 

 be paid into the treasury thereof, by the collector receiving the same; 

 the other moiety shall be divided between, and paid in equal propor- 

 tions to, the collector, and naval officer of the district, and surveyor 

 of the port, wherein the same shall have been incurred, or to such of 

 the said officers as there may be in the said district ; and in districts 

 where only one of the aforesaid officens shall have been established, 

 the said moiety shall be given to such officer : Provided nevertheless, 



