STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1069 



7. Every penalty or forfeiture under this Act may be recovered 

 or enforced in any court of vice-admiralty within Canada. 31 V., 

 c. 61, s. 7. 



8. The judge of the court of vice-admiralty may, with the consent 

 of the person who seizes any goods, ship, vessel or boat and the tackle, 

 rigging, apparel, furniture, stores and cargo, forfeited under this Act, 

 order the re-delivery thereof, on security by bond to be given by the 

 party, with two sureties, to the use of Her Majesty ; and if any goods, 

 ship, vessel or boat, or the tackle, rigging, apparel, furniture, stores 

 and cargo so re-delivered are condemned as forfeited, the value 

 thereof shall be paid into court and distributed as hereinbefore di- 

 rected. 31 V., c. 61, s. 8. 



9. The Attorney General of Canada may, in Her Majesty's name, 

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

 31 V., c. 61, s. 9. 



10. If a dispute arises as to whether any seizure has or has not 

 been legally made or as to whether the person who seized was or was 

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

 and the burden of proving the illegality of the seizure shall lie upon 

 the owner or claimant. 31 V., c. 61, s. 10. 



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

 any court of vice-admiralty for adjudication shall be admitted unless 

 the claim is 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 and belief. 31 V., c. 61, s. 11. 



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

 until security is given, in a penal sum not exceeding two hundred and 

 forty dollars, to answer and pay costs occasioned by such claim ; and 

 in default ot such security, the things seized shall be declared for- 

 feited, and shall be condemned. 31 V., c. 61, s. 12. 



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

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

 until one month after notice in writing has been delivered to him or 

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

 such writ, his attorney 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 admitted except such as is contained in 

 such notice. 31 V., c. 61 s. 13. 



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

 the cause thereof has arisen. 31 V., c. 61, s. 14. 



15. 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 

 634 made the seizure shall not be liable to any indictment or suit 



on account thereof; and if any suit or prosecution 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, and the defendant shall not 

 be fined more than twenty cents. 31 V., c. 61, s. 15. 



