OF PKINCE EDWAED ISLAND. 131 



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, Excise, Sheriff, Magistrate or other person authorized to seize 

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

 calendar month alter 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, and 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 contained 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 verdict and costs, or judgment of non-suit 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 he laid and tried in Her Majesty's Supreme Court of Judicature 

 for this island, 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 of 

 demurrer, judgment shall be given against the plaintiff, the defendant 

 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 therefore, 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 claimanl 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 any such seizure; and if 

 any such 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 lined more than one shilling. 



XIV And be it further enacted, that it shall be lawful for any 

 such officer of the Customs, Excise, or Sheriff, or Magistrate, or 

 other person authorized to geize a-, aforesaid, within one calendar 



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



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

 with other plea-, and il the jury shall find the amends sufficient, 

 they -hall give a verdict for the defendant, and in such case, or in 



the plaintiff shall become nonsuit, or shall discontinue Lus 

 action, or judgmenl shall hi' gr en for the defendant upon demurrer. 



then such defendant shall he entitled to the like costs as he would 



have been entitled to in case he had pleaded the general issue only; 

 provided always, that it shall be lawful for such defendant, by 

 • of the Courl where such action shall be brought, at any time 

 before or afi h i ue joined, to pay money into Court as in 



other acti 



92909 -fi 1> " ,o. .,1 .;. vol 2 K i 



