1264 APPENDIX TO BRITISH CASE. 



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

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

 Act in relation to the matter forming the ground of such action, suit, 

 proceeding, writ or process is pending, nor until one month after 

 notice in writing has been delivered to him, or left at his usual place 

 of abode, by the attorney or agent of the person who intends to sue 



out such writ or process. 

 746 2. In such notice shall be clearly and explicitly contained 



the cause of the action, the name and place of abode of the per- 

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

 the attorney or agent; and no evidence of any cause of such action 

 shall be produced except of such as is contained in such notice, and 

 no verdict or judgment shall be given for the plaintiff, unless he 

 proves on the trial that such notice was given ; and in default of such 

 proof, the defendant shall receive a verdict or judgment and costs. 



159. 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, 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; and if the Court or jury as 

 the case may be, find the amends sufficient, judgment or verdict shall 

 be given for the defendant; and in such case, or if the plaintiff be- 

 comes non-suited, or discontinues his action, or judgment is given 

 for the defendant upon demurrer or otherwise, such defendant shall 

 be entitled to full costs of defence : 



2. 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. 



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

 three months after the cause thereof; and the defendant may plead 

 the general issue, and give the special matter in evidence. 



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

 before whom the action is tried certifies that the defendant in such 

 action acted upon probable cause, the plaintiff in such action 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. 



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

 Crown or against any officer of Customs or person employed for the 

 prevention of smuggling, or against any person in possession of 

 goods under authority of an officer of Customs, for the recovery of 

 the thing seized, until a decision has been first given either by the 

 Receiver General or by a court of competent jurisdiction in relation 

 to the condemnation of the thing seized. 



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

 three months after such decision has been given. 



162. The report, inwards or outwards, required by this Art may, 

 in the case of any steam vessel carrying a purser, be made by such 

 purser with the like effect in all respects and subject to the like 

 penalty on the purser and on the vessel, and the like forfeiture of 

 the goods in case of any untrue report, as if the report was made by 

 the master: and the word "master" for the purposes of this section, 

 shall be construed as including the purser of any steam vessel; but 



