Customs Act, 1763

Where the Produce of any Seizure shall not answer the Expences of Condemnation and Sale, or a Verdict be given for the Claimant, the Charges to be paid out of any Branch of the Revenue applicable to Incidents.

III. Provided also, and it is hereby further enacted by the Authority aforesaid, That if the Produce of any particular Seizure, sold in pursuance of this Act, shall not be sufficient to answer the Expences of Condemnation and Sale; or if upon the Trial of any Seizure, a Verdict shall be given for the Claimant, and the Ship or Goods shall not be condemned; in either of those Cases, it shall and may be lawful for the Commissioners of his Majesty's Customs, to order the Charges attending the seizing and prosecuting such Ship or Goods, to be paid out of any Branch of the Revenue of the Customs which is by Law applicable to the Payment of Incidents; any Thing in this or any other Act of Parliament to the contrary notwithstanding.