1118 APPENDIX TO BRITISH CASE. 



WRITS OF ASSISTANCE. 



158. The judge of the Exchequer Court of Canada, or any judge of 

 any of the superior courts in any province of Canada, having juris- 

 diction in the province or place where the application is made, shall 

 grant a writ of assistance upon application made to him for that pur- 

 pose by His Majesty's Attorney General of Canada or by a collector 

 or by any superior officer of Customs; and such writ shall remain in 

 force so long as any person named therein remains an officer of Cus- 

 toms, whether in the same capacity or not. 



2. For the purposes of this section, any judge of the Court of 

 King's Bench, in the province of Manitoba, shall have jurisdiction 

 over that part of Canada formerly known as the district of Keewatin. 

 and shall grant a writ of assistance for use therein, in like manner 

 and with like effect as he might grant such writ for use in the prov- 

 ince of Manitoba. R. S., c. 32, s. 141 ; 51 V., c. 14, s. 28. 



159. Every writ of assistance granted before the coming into force 

 of this Act, under the authority of Acts relating to the Customs 

 now repealed, shall remain in force, notwithstanding such repeal, in 

 the same manner as if such Acts had not been repealed. R. S., c. 32, 

 s. 142. 



PROTECTION OF OFFICERS. 



160. No action, suit or proceeding shall be commenced and no writ 

 shall be sued out against, or copy of any process served upon any 

 officer, or person employed for the prevention of smuggling, for 

 anything done in the exercise of his office or duty, or against or upon 

 any person in possession of goods under authority of any officer of 

 Customs, so long as any proceeding for the enforcement of this Act in 

 relation to the matter forming the ground of such action, suit, pro- 

 ceeding, writ or process is pending, nor until one month after notice 

 in writing containing the particulars by this section required has been 

 delivered to such officer or person, or left at his usual place of abode, 

 by the person who intends to sue out such writ or process, his attor- 

 ney or agent. 



2. In such notice shall be clearly and explicitly contained a state- 

 ment of the cause of the action, the name and place of abode of the 

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

 of his attorney or agent. 



3. No evidence of any cause of action shall be produced except of 

 such cause of action as is contained in such notice, and no verdict or 

 judgment shall be given for the plaintiff, unless hfe proves on the trial 

 that such notice was given, in default of which proof, the defendant 

 shall be entitled to a verdict or judgment and costs. 51 V., c. 14, s. 30. 



161. Any such officer or person against whom any action, suit or 

 proceeding is brought on account of anything done in the exercise 

 of his office or duty may, within one month after such notice, tender 

 amends to the person complaining, or his agent, and plead such tender 

 in bar to the action, together with other pleas. 



2. If the court or jury, as the case may be, finds the amends suf- 

 ficient, judgment or verdict shall be given for the defendant. 



3. In such case, or if the plaintiff becomes non-suited, or discon- 

 tinues his action, or judgment is given for the defendant upon de- 



