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51 Georgii III. Cap, xcvi.
1075

of the same, Powers vested in the Commissioners of the Customs by recited Act for restoring Goods and Vessels, &c. that have been seized, to the Owners under certain Circumstances, to extend to Seizures under any other Act, provided the Forfeiture arose without any Design of Fraud, &c.That all the Powers and Authorities vested in the Commissioners of the Customs in England and Scotland respectively by the said retired Act passed in the Twenty-seventh Year of the Reign of His present Majesty, by virtue of which the Commissioners of the Customs for the Time being, or any Three or more of them, or the Commissioners of the Customs in Scotland for the Time being, Or any, Three.or more of them, and authorized to direct any Goods or Commodities whatever, or any Ships, Vessels, Boats, Horses, Cattle or Carriages, seized as forfeited by virtue and in pursuance of any Act or Acts relating to the Revenue of Customs, to be restored to the Proprietor or {roprietors, on the Proof and on the Terms and Conditions in the said Act mentioned, shall extend and be construed to extend to authorize the Commissioners of the Customs in England for the Time being, or any Four or more of them, or the Commissioners of the Customs in Scotland for the Time being, or any Three or more of them, according to their respective Jurisdictions, to order any Goods or Commodities whatever, or any Ships, Vessels, Boats, Horses, Cattle or Carriages that shall have been or shall be settled as forfeited either by any, Officer or Officers of the Customs, or by any other Person or Persons, whatsoever by virtue or in pursuance of any Act or Acts of Parliament made for the Protection of Trade, the Benefit of Commerce, or the encouraging and increasing of Shipping, and Navigation, or by virtue and in pursuance of any Other Actor Acts of Parliament in any respect relating to the Department of the Customs, to be restored to the Proprietor or Proprietors, whether such Goods or Commodities, Ships, Vessels, Boats, Horses, Cattle or Carriages shall have-been seized as forfeited in Great Britain or on the High Seas, or in any other of His Majesty's Dominions, Colonies, Settlements or Plantations, in case Evidence shall be given to the Satisfaction of the said Commissioners, according to their respective Jurisdictions, that the Forfeiture arose without any Design of Fraud in the Proprietor or Proprietors of such Goods or Commodities, Ships, Vessels, Boats, Horses, Cattle or Carriages; add also, in case the Seizure shall have been made by any such Officer or Officers, or other Person or Persons as aforesaid in any of His Majesty's Colonies, Settlements, or Plantations, or on the High Seas, and it shall be made appear to the Satisfaction of the Commissioners of the Customs in England for the Time being, or any Four or more of them, that such Seizure was occasioned by the Proprietor or Proprietors of any such Goods or Commodities, Ships, Vessels, Boats, Horses, Cattle or Carriages having acted in Conformity with any Orders or Directions which the Governor or Chief Officer of any such Colony, Settlement or Plantation shall have deemed it expedient on any particular Emergency to issue.

Seizures to be restored to the Proprietors on such Conditions as the Commissioners shall direct, &c.II. And be it further enacted, that in any Case wherein the said Commissioners of the Customs in England and Scotland respectively shall exercise the Powers hereby vested in them, such Goods or Commodities, Ships, Vessels, Boats, Horses, Cattle or Carriages, shall be restored to the Proprietor or Proprietors in such Manner and on such Terms and Conditions as; under the Circumstances of the Case Shall appear to the said Commissioners in England and Scotland respectively to be reasonable, and as they shall think fit to direct; and if the said Proprietor or Proprietors shall comply with the Terms and Conditions prescribed by such Commissioners in England and Scotland respectively, it shall not. be lawful for the Officer or Officers of the Customs, or any other Person or Persons as aforesaid who shall have seized such Goods or Commodities, Ships, Vessels, Boats, Horses, Cattle Gn Carriages, or any other Person or Persons whatever on his or their Behalf, to proceed in any Manner for the Condemnation thereof; but if such Pro­prietor or Proprietors shall not comply with the Terms and Conditions prescribed by the said Commissioners respectively, such Officer or Officers, Person or Persons, shall be at Liberty, and is and are hereby authorized to. proceed for the Condemnation of such Goods or Commodities, Ships, Vessels, Boats, Horses, Cattle or Carriages, as if this Law had not been made: Provided always, that if such Proprietor or Proprietors shall accept the Terms and Conditions prescribed by the said Commissioners of the Customs respectively, such Proprietor or Proprietors shall not have or be entitled to any Recompence bf Damage on account of the Seizure or Detention of such Goods or Commbdities, Ships, Vessels, Boats, Horses, Cattle or Carriages, or have or maintain any Action whatever for the same, any Law, Custom; or Usage to the contrary notwithstanding.

52 GEORGII