And it is hereby further enacted by the Authority aforesaid, That from
and after the Twenty ninth Day of September, One thousand seven hun-
dred and sixty four, if any Ship or Goods shall be seized for any Cause of
Forfeiture, and any Dispute shall arise whether the Customs and Duties
for such Goods have been paid, or the same have been lawfully imported
or exported, or concerning the Growth, Product, or Manufacture, of
such Goods, or the Place from whence such Goods were brought, then,
and in such Cases, the Proof thereof shall lie upon the Owner or Claim-
er of such Ship or Goods, and not upon the Officer who shall seize or
stop the same; any Law, Custom, or Usage, to the contrary notwithstand-
ing.

And be it further enacted by the Authority aforesaid, That from and
after the Twenty ninth Day of September, One thousand seven hundred
and sixty four, in case any Information shall be commenced and brought
to Trial in America, on account of any Seizure of any Ship or Goods as
forfeited by this or any other Act of Parliament relating to His Majesty’s
Customs, wherein a Verdict or Sentence shall be given for the Claimer
thereof; and it shall appear to the Judge or Court before whom the same
shall be tried, that there was a probable Cause of Seizure, the Judge or
Court before whom the same shall be tried shall certify on the Record
or other Proceedings, that there was a probable Cause for the Prosecutors
seizing the said Ship or Goods; and, in such Case, the Defendant shall not
be intitled to any Costs of Suit whatsoever; nor shall the Persons who sei-
zed the said Ship or Goods, be liable to any Action, or other Suit or Pro-
secution, on account of such Seizure: And in any case any Action, or other
Suit or Prosecution, shall be commenced and brought to Trial against any
Person or Persons whatsoever, on account of the seizing any such Ship
or Goods, where no Information shall be commenced or brought to Trial
to condemn the same, and a Verdict or Sentence shall be given upon
such Action or Prosecution against the Defendant or Defendants, if the
Court or Judge before whom such Action or Prosecution, shall certify in
like Manner as aforesaid that there was a probable Cause for such Seizure,
then the Plaintiff besides his Ship or Goods so seized, or the Value there-
of, shall not be intitled to above Two Pence Damages, nor to any Costs
of Suit; nor shall the Defendant in such Prosecution be fined above One
Shilling.

And be it further enacted by the Authority aforesaid, That if any Ac-
tion or Suit shall be commenced, either in Great Britain or America, against
any Person or Persons for any thing done in pursuance of this or any
other Act of Parliament relating to His Majesty’s Customs, the Defend-
ant or Defendants in such Action or Suit may plead the General Issue, and
give the said Acts, and the Special Matter, in Evidence at any Trial to
be had thereupon, and that the same was done in pursuance and by the
Authority of such Act; and if it shall appear so to have been done, the
Jury shall find for the Defendant or Defendants; and if the Plaintiff shall
be nonsuited, or discontinue his Action after the Defendant or Defendants
shall have appeared, or if Judgment shall be given upon any Verdict or
Demurrer against the Plaintiff, the Defendant or Defendants shall recover
Treble Costs, and have the like Remedy for the same as Defendants have
in other Cases by Law.