1036 APPENDIX TO BRITISH CASE. 



or by his Attorney or Agent by whom such claim shall be entered, to 

 the best of his knowledge and belief, and every person making a falso 

 oath thereto shall be deemed guilty of a misdemeanor, and shall be 

 liable to the pains and penalties to which persons are liable for a mis- 

 demeanor. 



X. And be it further enacted, That no person shall be admitted 

 to enter a claim to any thing seized in pursuance of this Act. and 

 prosecuted in this Province, until sufficient security shall have been 

 given, in the Court where such seizure is prosecuted, in a penalty not 

 exceeding Sixty Pounds, to answer and pay the costs occasioned by 

 such claim, and 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 

 Customs, 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, 

 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 Planitiff 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 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 

 non-suited, or shall discontinue the Action, or if, upon a verdict or 

 demurrer, judgment shall be given against the Plaintiff, the De- 

 fendant shall receive rebel 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 



615 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, Excise or Sheriff, or Magistrate, or 

 other Person authorized to seize as aforesaid, within one calendar 



