STATUTES, PROCLAMATIONS, BULBS, ORDERS, ETC. 1095 



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

 or enforced in the Exchequer Court of Canada on its Admiralty side, 

 or in any superior court in the province within which the cause of 

 prosecution arose. R. S., c. 94, ss. 7 and 20. 



19. The Judge of the Exchequer Court on its Admiralty side or 

 any local judge in Admiralty, or any judge of any superior court in 

 which the cause is pending 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 rede- 

 livery 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, rigghig, apparel, furniture, stores and cargo so redelivered 

 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. 11. 



28. 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 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, 

 until 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. K. 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 me 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 

 649 Act on account of any seizure judgment Is given for the claim- 

 ant, 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. 



