STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1137 



diction, for the recovery or enforcement of any penalty or forfeiture 

 imposed by this Act, or by any other law relating to the Customs or 

 to trade or navigation, may be commenced, prosecuted and proceeded 

 within accordance with any rules of practice, general or special, 

 established by the court for Crown suits in revenue matters, or in 

 accordance with the usual practice and procedure of the court in 

 civil cases, in so far as such practice and procedure are applicable, 

 and, whenever the same are not applicable, then in accordance with 

 the directions of the court or a judge. R. S., c. 32, s. 225. 



269. The venue in any such prosecution or suit may be laid in any 

 county in the province notwithstanding that the cause of prosecu- 

 tion or suit did not arise in such county. R. S., c. 32, s. 226. 



270. Any judge of the court in which any prosecution or suit is 

 brought for the recovery or enforcement of any penalty or forfeiture 

 as aforesaid may, upon being satisfied by affidavit that there is rea- 

 son to believe that the defendant will leave the province without sat- 

 isfying such penalty or forfeiture, issue a warrant under his hand 

 and seal for the arrest and detention of the defendant in the com- 

 mon gaol of the county, district or place until he has given security, 

 before and to the satisfaction of such judge or some other judge of 

 the same court, for the payment of such penalty with costs, in case 

 judgment is given against him. R. S., c. 32, s. 227. 



271. In any declaration, information, statement of claim or pro- 

 ceeding in any such prosecution or suit, it shall be sufficient to state 

 the penalty or forfeiture incurred, and the Act and section of the 

 Act, or the rule or regulation under which it is alleged to have been 

 incurred, without further particulars; and the averment that the 

 person seizing or suing was and is an officer of Customs, shall be 

 sufficient primd facie evidence of the fact alleged. 51 V., c. 14, s. 42. 



272. In every prosecution, information, suit or proceeding brought 

 under this Act for any penalty or to declare or enforce any forfei- 

 ture, or upon any bond given under it, or in any matter relating to 

 the Customs or to trade or navigation, His Majesty, or those who sue 

 for such penalty or forfeiture, or upon such bond, shall, if they 

 recover the same, be entitled also to recover full costs of suit. 



2. All such penalties and costs, if not paid, may be levied on the 

 goods and chattels, lands and tenements of the defendant, in the 

 same manner as sums recovered by judgment of the court in which 

 the prosecution is brought may be levied by execution; or payment 

 thereof may be enforced by capias ad satis faciendum against the per- 

 son of the defendant under the same conditions and in like manner. 

 R. S., c. 32, s. 229. 



273. If, in any case, the Attorney General of Canada is satisfied 

 that the penalty or forfeiture was incurred without intended fraud, 

 he may enter a nolle prosequi on such terms as he sees fit, which 

 shall be binding on all parties; and the entry of such nolle prosequi 

 shall be reported to the Minister with the reasons therefor. R. S., 

 c. 32, s. 230. 



274. In any prosecution, suit or other proceeding for the recovery 

 of any penalty or in respect of any forfeiture as aforesaid, or for an 

 offence against this Act or any other law relating to the Customs, 

 or to trade or navigation, the averment that the cause of prosecution 

 or suit arose, or that such offence was committed within the limits 



