OF THE DOMINION OF CANADA. 135 



10. In case a dispute arises as to whether any seizure has or has 

 not been legally made or as to whether the person seizing; was or was 

 not authorized to seize under this Act, oral evidence may be heard 

 thereupon, and the burden of proving the illegality of the seizure 

 shall be upon the owner or claimant. 



11. Xo claim to anything seized under this Act and returned into 

 any Court of Vice Admiralty for adjudication shall be admitted 

 unless the claim be entered under oath, with the name of the owner, 

 his residence and occupation, and the description of the property 

 claimed: which oath shall be made by the owner, his attorney or 

 agent, and to the best of his knowledge or belief. 



12. Xo person shall enter a claim to anything seized under this 

 Act until security has been given in a penalty not exceeding two 

 hundred and forty dollars to answer and pay costs occasioned by 

 such claim; and in default of such security the things seized shall 

 be adjudged forfeited, and shall be condemned. 



1.'!. No Writ shall be sued out against any officer or other person 

 authorized to seize under this Act for any thing done under this Act, 

 until one month after notice in writing delivered to him or left at 

 his usual place of abode by the person intending to sue out such 

 Writ, his attorne}^ or agent: in which notice shall be contained the 

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

 bring the action, and of his Attorney or Agent; and no evidence of 

 any cause of action shall be produced except such as shall be contained 

 in such notice. 



14. Every such action shall be brought within three months after 

 the cause thereof has arisen. 



15. If on any information or suit brought to dial under this Act, 

 on accounl of any seizure, judgmenl shall he gh .1 for the claimant, 

 and the Judge or Court shall certify on the record that there was 

 probable cause of seizure, the claimant shall not recover costs, nor 

 shall the person who made the seizure he liable to any indictment or 

 suit on account thereof; and if any suit or prosecution be brought 



rinsl any person on account of any seizure under this Act and 

 judgment be given against him, and the Court or Judge shall certify 

 thai there was probable cause for the seizure, then the Plaintiff, 

 besides the thing seized or its value, shall not recover more than 

 three ami a half cents damages, nor any costs of suit, nor shall the 

 Defendant be lined more than twenty cents. 



16. Any officer or person who has made a. seizure under this Act 

 m;i\ . v, it hin one month a Tier not ice of action received, tender amends 

 i" the party complaining, or to his Attorney or Agent, and may 



plead such tender. 



17. All actions for the recovery of penalties or forfeitures imposed 

 by this Act mUSl be Commenced within three years after the oll'cnce 



commit ted. 



18. No appeal shall be pro edited from any decree, ur sentence 



of any Court touching any penalty or forfeiture imposed by this 

 Act. unless the inhibition he applied for and decreed within twelve 

 months from tie decree or sentence being pronounced. 



19. lu cases of seizure under this Act, the Governor in Council 

 may, by order, direct ;i stay of proceedings; ami in cases of con- 

 demnation may relieve from the penalty in whole or in part, and 

 on such terms as may be deemed, right. 



