PERIOD FROM 1836 TO 1841. 85 



The remaining sections of the act, from II to XYII inclusive, 

 relate to judicial proceedings after seizure. 



Sections II to YII direct the course to be taken in such proceedings 

 by the courts and the government representatives and do not require 

 special consideration here, further than to note the exceedingly sig- 

 nificant provision in section IV giving the officer making the seizure 

 half of the proceeds resulting from the condemnation and sale of the 

 vessel seized. 



Sections YIII to XVII relate to the rights of the claimants in such 

 proceedings and impose upon them the most unusual and extra- 

 ordinary disabilities. 



Section VIII provides that in any dispute as to the legahty of a 

 seizure the burden of proof shall lie on the oAvoier or claimant, so that 

 the mere fact of seizure is made prima facie evidence that the vessel 

 seized had committed an offense under the law. 



Section X provides that no person may enter a claim for anything 

 seized until he has given security in a penalty not exceeding sixty 

 pounds for costs and in default of such security the vessel seized shall 

 be adjudged forfeited and condemned. 



Section XI provides, among other things, that no evidence can be 

 produced by a claimant in a proceeding against the officer or person 

 making the seizure unless notice of such evidence is given to such 

 officer or person in writing thirty days before the writ, under which 

 the proceedings are taken, is sued out against such officer or person, 

 and, unless it is proved at the trial that the notice containing this 

 and certain other information has been so served, judgment must be 

 awarded against the claimant. 



Section XII provides that every such action must be brought 

 within three months after the cause thereof, and that if the claimant 

 is nonsuited or judgment is awarded against him the defendant shall 

 receive treble costs. 



Section XIII provides that in any case where the judge or court 

 grants a certificate of probable cause of seizure the claimant shall 

 not be entitled to costs even if a verdict is foimd in his favor for 

 the recovery of the vessel seized, nor shall the officer or person 

 making the seizure be sued or prosecuted on account of such 

 seizure; and in any case where a verdict is given against the 

 defendant the claimant, in addition to recovering the thing seized, 



