122 LEGISLATIVE ACTS, PROCLAMATIONS, ETC., 



ing sixty pounds, to answer and pay the costs occasioned by such 

 claim; ana in default of giving such security, such things shall be 

 adjudged to be forfeited, and shall be condemned. 



XI. And be it further enacted, That no writ shall be sued out 

 against nor a copy of any process served upon any officer of the cus- 

 toms or excise, sheriff, magistrate, or other person authorized to seize 

 as aforesaid, for anything done in the exercise of his office, until one 

 calendar month after notice in writing shall have been delivered to 

 him or left at his usual place of abode by the attorney or agent of the 

 party who intends to sue out such writ or process, in which notice shall 

 be clearly and explicitly contained the cause of action, the name and 

 place of abode of the person who is to bring such action, and the name 

 and place of abode of the attorney or agent, and no evidence of the 

 cause of such action shall be produced, except of such as shall be con- 

 tained in such notice, and no verdict shall be given for the plaintiff 

 unless he shall prove on the trial that such notice was given; and in 

 default of such proof, the defendant shall receive in such action a ver- 

 dict and costs, or judgment of nonsuit shall be awarded against the 

 plaintiff, as the court shall direct. 



XII. And be it further enacted, That every such action shall be 

 brought within three calendar months after the cause thereof, and 

 shall be laid and tried in any of his Majesty's courts of record in this 

 Province, and the defendant may plead the general issue, and give 

 the special matter in evidence; and, if the plaintiff shall become 

 nonsuited, or shall discontinue the action, or if, upon a verdict or 

 demurrer, judgment shall be given against the plaintiff, the defend- 

 ant shall receive treble costs, and have such remedy for the same as 

 any defendant can have in other cases where costs are given by law. 



XIII. And be it further enacted, That in case any information 

 or suit shall be brought to trial on account of any seizure made under 

 this act, and a verdict shall be found for the claimant thereof, and 

 the judge or court before whom the cause shall have been tried shall 

 certify on the record that there was probable cause of seizure, the 

 claimant shall not be entitled to any costs of suit, nor shall the person 

 who made such seizure be liable to any action, indictment, or 

 other suit or prosecution on account of such seizure, and if any 

 action, indictment or other suit or prosecution shall be brought to 

 trial against any person on account of such seizure, wherein a verdict 

 shall be given against the defendant, the plaintiff, besides the thing 

 seized, or the value thereof, shall be entitled to no more than two 

 pence damages, nor to any costs of suit, nor shall the defendant in 

 such prosecution be fined more than one shilling. 



XIV. And be it further enacted, That it shall be lawful for any 

 such officer of the customs or excise, or sheriff, or magistrate, or 

 other person authorized to seize as aforesaid, within one calendar 

 month after such notice, to tender amends to the party complainii 

 or his agent, and to plead such tender in bar to any action, together 

 with other pleas; and if the jury shall find the amends sufficient 

 they shall give a verdict for the defendant: and, in such case, or in 

 case the plaintiff shall become nonsuit, or shall discontinue his action, 

 or judgment shall be given for the defendant upon demurrer, then 

 such defendant shall be entitled to the like costs as he would have 

 been entitled to in case he had pleaded the general issue onty: Pro- 

 vided always, That it shall be lawful for such defendant, by leave 



