BILL OF HEALTH. 141. Whenever the collector at any port is satisfied that, in such port, as well as in the adjacent city or town and its vicinity, there does not exist an extraordinary, infectious, contagious or epidemic disease, which could be transmitted by the vessel, her crew or cargo, he may grant to any vessel requiring a bill of health a certificate under his hand and seal, attesting the fact aforesaid, for which he shall be entitled to ask and receive a fee of one dollar. R. S., c. 32, s. 174. SALE AND DISPOSAL OF GOODS; APPROPRIATION AND DISTRIBUTION OF PROCEEDS. 142. If the duties on any goods, derelict, flotsam, jetsam or wreck, or landed or saved from any vessel wrecked, stranded or lost, are not paid within eighteen months from the time when such goods were delivered to the proper officer as hereinafter mentioned, such goods may be sold in like manner and for the same purposes as goods imported may for such default be sold, and, if they are sold for more than enough to pay the duty and charges thereon, the surplus shall be paid over to the person entitled to receive it. 51 V., c. 14, s. 7. 143. Sales of goods forfeited or otherwise liable to be sold under this Act shall be by public auction, and after a reasonable public notice, and subject to such further regulations as are made by the Governor in Council; but, in any case, the Minister may order vessels, goods, vehicles or things forfeited to be disposed of as he sees fit, instead of being sold by public auction. R. S., c. 32, s. 190. 144. The proceeds, after deducting expenses, shall, unless it is otherwise provided, belong to His Majesty for the public uses of Canada; Provided that the net proceeds or any portion thereof may be divided between and paid to the collector or chief officer of the Customs at the port or place where the seizure was made, and the officer or officers by whom the seizure was made, or the information given which led to the seizure, and any person who has given information or otherwise aided in effecting the condemnation of the things seized, in such proportions as the Governor in Council in any case or class of cases directs and appoints. 2. Nothing in this section contained shall be construed to limit or affect any power vested in the Governor in Council or the Minister to make and ordain any other plan or system for the redistribution of such net proceeds, or with regard to the remission of penalties or forfeitures imposed by this Act or any other law. R. S., c. 32, s. 191. 145. The surplus, if any, of the proceeds of the sale of any vessel sold for any penalty over and above the amount of the penalty, and expenses incurred, shall be paid to the owner of the vessel so sold, or to his lawful agent or other person entitled thereto. 51 V., c. 14, s. 48. 660 POWERS AND DUTIES OF OFFICERS. 146. Every officer and person who is employed under the authority of any Act relating to the collection of the revenue, or under the direction of any officer of Customs, shall be deemed and taken to be duly employed for the prevention of smuggling and for the enforce ment of this Act in every respect, whether such officer or person is or is not the holder of a writ of assistance. 2. In any suit or information, the averment that such person was so duly employed shall be prima facie proof thereof. 51 V., c. 14, s. 25. 147. Every such officer or person as mentioned in the last preceding section, and every sheriff, justice of the peace, or person residing more than ten miles from the residence of any officer of Customs and thereunto authorized by any collector or justice of the peace, may, upon information, or upon reasonable grounds of suspicion, detain, open and examine any package suspected to contain prohibited property or smuggled goods, or goods respecting which there has been any violation of any of the requirements of this Act, and may go on board of and enter into any vessel or vehicle of any description whatsoever, and may stop and detain the same, whether arriving from places beyond or within the limits of Canada, and may rummage and search all parts thereof for such goods. 2. If any such goods are found in any such vessel or vehicle, the officer or person so employed may seize and secure such vessel or vehicle together with all the sails, rigging, tackle, apparel, horses, harness and all other appurtenances which, at the time of such seizure, belong to or are attached to such vessel or vehicle, with all goods and other things laden therein or thereon. R. S., c. 32, s. 134. 148. Any officer, having first made oath before a justice of the peace that he has reasonable cause to suspect that goods liable to forfeiture are in any particular building, or in any yard or other place, open or inclosed, may, with such assistance as is necessary, enter therein at any time between sunrise and sunset: Provided that, if the doors are fastened, admission shall be first demanded, and the purpose for which entry is required declared, when, if admission is not given, the officer may forcibly enter. 2. After entry is made, the officer may search the premises and seize all goods which he has reasonable grounds to believe are subject to forfeiture. 3. Such acts may be done by an officer without oath or the assistance of a justice of the peace, in places where no justice of the peace resides, or where no justice of the peace can be found within five miles at the time of search. 51 V., c. 14, s. 26. 149. If any building is upon the boundary line between Canada and any foreign country, and there is reason to believe that dutiable goods are deposited or have been placed therein, or carried through or into the same without payment of duties and in violation of law, and, if the collector or proper officer of Customs makes oath before any justice of the peace that he has reason to believe as aforesaid, such collector or officer may search such building and the premises belonging thereto, so far as the same are within the limits of Canada. R. S., c. 32, s. 138. 150. Officers of Customs may board any vessel at any time or place, and stay on board until all the goods intended to be unladen have been delivered; and they shall have free access to every part of the vessel, with power to fasten down hatchways, the forecastle excepted, and to mark and secure any goods on board: and if any place, box or chest is locked, and the keys are withheld, the officer may open the same. R. S., c. 32, s. 139. 151. The collector or other proper officer of Customs may station officers on board any ship while within the limits of a port, and the master shall provide every such officer with suitable accommodation and food. R. S., c. 32, s. 140. 152. Under the authority of a writ of assistance, any officer or any person employed for that purpose with the concurrence of the Governor in Council expressed either by special order or appointment or by general regulation, may enter, at any time in the day or night, into any building or other place within the jurisdiction of the court from which such writ issues, and may search for and seize and secure any goods which he has reasonable grounds to believe are liable to forfeiture under this Act, and, in case of necessity, may break open any doors and any chests or other packages for that purpose. 51 V., c. 14, s. 29. 153. Any officer or person in the discharge of the duty of seizing goods, vessels, vehicles or property liable to forfeiture under this Act, may call in such lawful aid and assistance in the King's name, as is necessary for securing and protecting such seized goods, vessels, vehicles or property. R. S., c. 32, s. 144. 154. If any vessel is found hovering in British waters, within one league of the coasts or shores of Canada, any officer may go on board and enter into such vessel and stay on board such vessel, while she remains within the limits of Canada or within one league thereof; and, if any such vessel is bound elsewhere, and so continues hovering for the space of twenty-four hours after the master has been by such officer required to depart, such officer may bring the vessel into port, and examine her cargo. R. S., c. 32, s. 113. SEARCH OF THE PERSON. 155. Any officer, or person by him authorized thereunto, may search any person on board any vessel or boat within any port in Canada, or on or in any vessel, boat or vehicle entering Canada by land or inland navigation, or any person who has landed or got out of such vessel, boat or vehicle, or who has come into Canada from a foreign country in any manner or way, if the officer or person so searching has reasonable cause to suppose that the person searched has goods subject to entry at the Customs, or prohibited goods, secreted about his person. R. S., c. 32, s. 135. 156. Before any person can be searched, such person may require the officer to take him before some police magistrate or justice of the peace, or before the collector or chief officer of Customs at the port or place, who shall, if he sees no reasonable cause for search, 661 discharge such person, but, if otherwise, he shall direct such person to be searched: Provided that if such person is a female she shall be searched by a female, and any such magistrate, justice of the peace or collector may, if there is no female appointed for such purpose, employ and authorize a suitable female person to act in any particular case or cases. R. S., c. 32, s. 135. 157. Every officer required to take any person before a police magistrate, justice of the peace, or chief officer of Customs as aforesaid, shall do so with all reasonable despatch. R. S., c. 32, s. 136. 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 jurisdiction in the province or place where the application is made, shall grant a writ of assistance upon application made to him for that purpose 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 Customs, 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 province 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, proceeding, 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 statement 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 he 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 sufficient, judgment or verdict shall be given for the defendant. 3. In such case, or if the plaintiff becomes non-suited, or discontinues his action, or judgment is given for the defendant upon de 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. R. 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 recovery 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 authority 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 lawfully called in to aid and assist in such search, no prohibited, smuggled or forfeited goods are found, and if such officer or person had reasonable cause to suspect that prohibited, forfeited 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. 662 ARTICLES SEIZED HOW DEALT WITH. 166. All vessels, vehicles, goods and other things seized as forfeited 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 forfeited shall be deemed and taken to be condemned without suit, information 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 of any things liable to seizure and forfeiture shall likewise be deemed and taken to be condemned without 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 |