Acts. 137

to aid and assist in putting this Act in Execution and that any officer
or officers putting this Act in Execution shall by Virtue hereof be
saved and Kept harmless and indempnifyed from all Suits and
Troubles whatsoever for and Concerning anything by them or any
of them in Pursuance of and in Complyance with the said Proclama-
tion and according to the Tenour thereof to prevent the Exportation
of Grain and in putting this Act in Execution and that if any Action
or Actions shall be Commenced against any such officer or officers he
or they may Plead the Generall Issue and give this Act and the Special
Matter in Evidence and that if a Verdict be given against the Plaintiff
or that he be non suit or discontinue his Action that the Defendant
shall recover Double Costs Provided Always that this or any thing
therein Contained or in the said Proclamation mentioned shall not Ex-
tend or be Construed to Extend to prohibitt or restrain taking on
board any Ship or Vessell any Grain or Provision whatsoever neces-
sary for victualling such Ship or Vessell for its Voyage but that such
Ship or Vessell may be furnished and victualled for its intended Voy-
age as if this Act had never been made any thing therein Contained to
the Contrary notwithstanding. And Provided also that it shall and
may be lawfull for any person trading into this province and not
being an Inhabitant thereof to Export out of this Province any Wheat
Indian Corn or other Grain really and bona fide laden and taken on
board any ship or Vessell in Order to be Exported before the issueing
of the said Proclamation and not belonging to any of the Inhabitants
of this Province any thing in the said Proclamation or in this Act
to the Contrary notwithstanding And be it Enacted by the Author-
ity aforesaid that when any Dispute shall happen concerning any
Quantity of Wheat Indian Corn or other Grain which shall be
alledged to have been laden or taken on board of any Ship or Vessell
before the issueing the said Proclamation that such Dispute shall be
heard and finally determined in a Summary way by three Justices
of the Proper County not being of kin or affinity or Party Concerned
in such Dispute or the Majority of such Justices and that the Onus
Probandi shall lie on the person who had laden such Wheat Indian
Corn or other Grain and that so much thereof not belonging to any
of the Inhabitants of this Province as shall be sufficiently proved to
the Satisfaction of the three Justices or any two of them if under
Seisure shall be absolutely discharged And be it likewise Enacted
by the Authority aforesaid that at any time upon Complaint made to
the Naval Officer or other officer of the Customs of any Port Place
or District where any Ship or other Vessell shall lye on board of
which any Wheat Indian Corn or other Grain hath been laden since
the issueing of the said Proclamation or for the sheriff of the County
or any Justice of the Peace that such Ship or Vessell is on departing
this Province and Exporting such Wheat Indian Corn or other Grain

Lib. B. L. C.
p. 187