secuted, sued for, and recovered, in any Court of Record, or in any
Court of Admiralty, and in the said Colonies or Plantations where such Of-
fence shall be committed, or in any Court of Vice Admiralty which may
or shall be appointed over all America (which Court of Admiralty or
Vice Admiralty are hereby respectively authorized and required to pro-
ceed, hear, and determine the same) at the Election of the Informer or
Prosecutor.

And it is hereby further enacted, That all Penalties and Forfeitures so re-
covered there, under this or any former Act of Parliament, shall be divided,
paid, and applied, as follows; that is to say, After deducting the Char-
ges of Prosecution from the Gross 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, His Heirs and Successors;
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 or
Vessels 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, His Heirs and Successors, 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 notwithstanding;
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, His Heirs and Successors, as with regard to the other
Moiety given to the Seizor or Prosecutors, as His Majesty, His Heirs
and Succesors, shall think fit to order and direct or by any Order or Or-
ders of Council, or by any Proclamation or Proclamations, to be made
for that Purpose.

Provided always, and it is hereby further enacted by the Authority
aforesaid, That if the Produce of any Seizure made in America, shall not
be sufficient to answer the Expences of Condemnation and Sale; or if,
upon the Trial of any Seizure of any Ship or Goods, a Verdict or Sentence
shall be given for the Claimant, in either of those Cases, the Charges at-
tending the seizing and prosecuting such Ship or Goods shall and may,
with the Consent and Approbation of any Four of the Commissioners of
His Majesty’s Customs, be paid out of any Branch of the Revenue of
Customs arising in any of the British Colonies or Plantations in America;
any thing in this or any other Act of Parliament to the contrary notwith-
standing.

And it is hereby further enacted by the Authority aforesaid, That
from and after the said Twenty ninth Day of September, One thousand
seven hundred and sixty four, no Person shall be admitted to enter a
Claim to any Ship or Goods seized in pursuance of this or any other Act
of Parliament, and prosecuted in any of the British Colonies or Plantati-
ons in America, until sufficient Security be first given, by Persons of
known Ability, in the Court where such Seizures is prosecuted, in the
Penalty of Sixty Pounds, to answer the Costs and Charges of Prosecuti-
on; and, in Default of giving such Security, such Ship or Goods shall
be adjudged to be forfeited, and shall be condemned.