STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1119 



murrer or otherwise, such defendant shall be entitled to full costs of 

 defence. 



4. The defendant, by leave of the court in which the action is 

 brought, may, at any time before issue joined, pay money into court 

 as in other actions. R. S., c. 32, s. 146. 



162. Every such action, suit or proceeding shall be brought within 

 three months after the cause thereof, and shall be laid and tried in 

 the place or district where the acts complained of were committed. 



2. The defendant may plead the general issue, and give the special 

 matter in evidence. E. S., c. 32, s. 147. 



163. If, in any such action, suit or proceeding, the court or judge 

 before whom the trial takes place certifies that the defendant acted 

 upon probable cause, the plaintiff shall not be entitled to more than 

 twenty cents damages nor to any costs of suit, nor, in case of. a 

 seizure, shall the person who made the seizure be liable to any civil 

 or criminal suit or proceeding on account thereof. R. S., c. 32, s. 148. 



164. No action, suit or proceeding shall be commenced against the- 

 Crown, or against any officer or person employed for the prevention 

 of smuggling, or against any person in possession of goods under 

 authority of an officer, for the recover}^ of the thing seized, until a 

 decision has been first given either by the Minister or by a court of 

 competent jurisdiction in relation to the condemnation of the thing 

 seized. 



2. Every such action, suit or proceeding shall be brought within 

 three months after such decision has been given. 51 V., c. 14, s. 31. 



165. If, upon search under the authorit}*- of this Act, by any officer 

 or person in the discharge of the duty of seizing goods, vessels, 

 vehicles or property liable to forfeiture under this Act, or by any 

 person laAvfully called in to aid and assist in such search, no pro- 

 hibited, smuggled or forfeited goods are found, and if such officer 



or person had reasonable cause to suspect that prohibited, for- 

 662 feited or smuggled goods would be found, he shall not be 



liable to any prosecution, action or other legal proceeding on 

 account of any such search, or the detention or stoppage of any goods 

 detained or stopped in connection therewith. R. S., c. 32, s. 144. 



ARTICLES SEIZED HOW DEALT WITH. 



166. All vessels, vehicles, goods and other things seized as for- 

 feited under this Act, or any other law relating to Customs or to 

 trade or navigation, shall be placed in the custody of the nearest 

 collector and secured by him, or, if seized by any officer in charge of a 

 revenue vessel, shall be retained on board thereof until her arrival 

 in port. 52 V., c. 14, s. 14. 



167. All such vessels, vehicles, goods or other things seized as for- 

 feited shall be deemed and taken to be condemned without suit, infor- 

 mation or proceedings of any kind, and may be sold ; and all moneys 

 paid to or deposited with any officer of Customs in lieu of any things 

 seized or as the ascertained value ef any things liable to seizure and 

 forfeiture shall likewise be deemed and taken to be condemned with- 

 out suit, information or proceedings of any kind; unless, in either 

 case, the person in whose possession* or custody they were seized or 

 the owner thereof, or the person paying or depositing any moneys 

 as aforesaid, or some person on his behalf, within one month from 



