148 LEGISLATIVE ACTS, PROCLAMATIONS, ETC., 



apparel, furniture, stores and cargo forfeited under this Act, order the 

 redelivery thereof, on security by bond to be given by the party, with 

 two sureties, to His Majesty; and if any goods, ship, vessel or boat, or 

 the tackle, rigging, apparel, furniture, stores and cargo so re-deliv- 

 ered are condemned as forfeited, the value thereof shall be paid into 

 court and distributed as hereinbefore directed. R. S., c. 94, s. 8. 



20. The Attorney General of Canada may, in His Majesty's name, 

 sue for or enforce any penalty or forfeiture incurred under this Act. 

 R. S., c. 94, s. 9. 



21. The burden of proving the illegality of any seizure, made for 

 alleged violation of any of the provisions of this Act, or that the 

 officer or person seizing was not by this Act authorized to seize, 

 shall lie upon the owner or claimant. R. S., c. 94, s. 10. 



22. No claim to anything seized under this Act and returned into 

 the Exchequer Court on its Admiralty side for adjudication shall be 

 entered in such Court, unless the claim is entered under oath, made 

 by the owner, his attorney or agent, setting forth to the best of his 

 knowledge and belief the name of the owner, his residence and occu- 

 pation, and the description of the property claimed. R. S., c. 94, s. 1 1. 



23. No person shall enter a claim to anything seized under this 

 Act until security is given, in a penal sum not exceeding two hun- 

 dred and forty dollars, to answer and pay the costs occasioned by 

 such claim. 



(2) In default of such security, the things seized shall be declared 

 forfeited, and shall be condemned. R. S., c. 94, s. 12. 



24. No writ shall be sued out against any officer or other person 

 authorized to seize under this Act for anything done under this Act, 

 imtil one month after notice in writing containing a statement of 

 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, has been delivered 

 to such officer or person or left at his usual place of abode by the 

 person intending to sue out such writ, his attorney or agent. 



(2) No evidence of any cause of action except such as is contained 

 in such notice shall be admitted. R. S., c. 94, s. 13. 



25. Every officer or person who has made a seizure under this Act 

 may, within one month after notice of action received, tender amends 

 to the person complaining, or to his attorney or agent, and may 

 plead such tender. R. S., c. 94, s. 16. 



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

 the cause thereof has arisen. R. S., c. 94, s. 14. 



27. If, on any information, or suit brought to trial under this Act 

 on account of any seizure, judgment is given for the claimant, and 

 the court or judge certifies that there was probable cause for seizure, 

 the claimant shall not be entitled to costs, and the person who made 

 the seizure shall not be liable to any indictment or suit on account 

 thereof. 



(2) If any suit is brought against any person on account of any 

 seizure under this Act, and judgment is given against him, and the 

 court or judge certifies that there was probable cause for the seizure, 

 the plaintiff, besides the thing seized or its value, shall not recover 

 more than four cents damages, and shall not recover any costs, nor, 

 in case of prosecution, shall the defendant be fined more than twenty 

 cents. R. S., c. 94, s. 15. 



