1138 APPENDIX TO BRITISH CASE. 



of any district, county, port or place, shall be sufficient evidence of 

 the fact without proof of such limits, unless the contrary is proved. 

 R. S., c. 32, s. 231. 



275. If, in any information, action, prosecution or other pro- 

 ceeding respecting any seizure made under this Act, or any law re- 

 lating to the Customs, it is adjudged that any goods or property 

 seized by or under the authority of any officer has been so seized 

 unlawfully, or that the seizure cannot be justified, and, if the judge 

 before whom the said information, action, prosecution or other pro- 

 ceeding is heard or tried certifies that there was probable cause for 

 the seizure, the claimant shall not be entitled to any costs of suit, 

 and the person who made or authorized such seizure shall not be lia- 

 ble to any action, suit, indictment or prosecution on account of such 

 seizure. R. S., c. 32, s. 232. 



276. If any action, suit, indictment, prosecution or other proceed- 

 ing is brought against any person on account of his making or being 

 concerned in the making of any such seizure as in the last preceding 



section mentioned, and if the judge before whom such action. 

 672 suit, indictment, prosecution or other proceeding is heard or 



tried, certifies that there was probable cause for the seizure, 

 the plaintiff or prosecutor shall not be entitled to more than twenty 

 cents damages, or to any costs; and the defendant in any such in- 

 dictment, prosecution or other proceeding, shall not be subject to 

 any penalty beyond a fine of ten cents. R. S., c. 32, s. 232. 



277. Every person who desires to claim any thing seized after pro- 

 ceedings for condemnation thereof have been commenced shall file 

 his claim in the office of the clerk, registrar or prothonotary of the 

 court. 



2. Such claim shall state the name, residence and occupation or 

 calling of the person making it, and shall be accompanied by an 

 affidavit of the claimant or his agent having a knowledge of the 

 facts, setting forth the nature of the claimant's title to the thing 

 seized. R. S., c. 32, s. 238. 



278. Before any such claim can be filed, the claimant shall give 

 security, to the satisfaction of the court or a judge thereof, by bond 

 in a penal sum of not less than two hundred dollars, or by a deposit 

 of money not less than that sum, for the payment or the costs or the 

 proceedings for condemnation. R. S. ; c. 32, s. 239. 



279. All seizures, prosecutions or suits for the recovery or enforce- 

 at any time within three years after the offence was committed, or 

 any other law relating to the Customs, may be made or commenced 

 at any time within three years after the offence was committed, or 

 the cause of prosecution or suit arose, but not afterwards. 51 V., 

 c. 14, s. 45. 



280. Whenever, under any provision of this Act, any penalty may 

 be recovered or any forfeiture may be enforced by action, suit or 

 proceeding, the seizure by an officer of Customs, or person acting in 

 his aid, of the goods in respect of which the penalty has been incurred 

 or the forfeiture has accrued, shall be deemed to be a commencement 

 of such action, suit or proceeding. 51 V., c. 14, s. 44. 



281. An appeal shall lie from a conviction by any magistrate, 

 judge, justice or justices of the peace under this Act, in the manner 

 provided by the Criminal Code, from convictions in cases of sum- 

 mary conviction, in that province in which the conviction was had, 



