real name of the owner of such ship or goods, describing the place of residence, and the business or profession of such owner, and if such person shall reside within the limits of the jurisdiction oath shall be made by him before the Court into which the said ship or goods are returned, or in which such information is filed, that the said ship or goods was or were his property at the time of seizure; but if such person shall reside elsewhere, then oath shall be made by the agent by whom such claim or appearance shall be entered that he has full authority from such owner to enter the same, and that to the best of his knowledge and belief such ship or goods were at the time of the seizure thereof the bonâ fide property of the person in whose name such claim or appearance is entered, and on failure of making such proof of ownership the ship or goods shall be condemned and judgment shall be entered thereon by default as if no claim or appearance had been made. (10 of 1876, s. 218.) If goods 216. When any such ship or goods shall, at the time of the owned by more than five seizure thereof, be the bonâ fide property of any number of proco-proprietors prietors exceeding five, it shall not be necessary for more than two two may make of such proprietors resident as aforesaid to enter such claim or appearance on the part of themselves and their co-proprietors, or to make such oath as aforesaid. (10 of 1876, s. 219.) the oath. If goods owned by a Company the oath may be made by the public officer or agent. Proofs. Defendant's proofs in smuggling cases. Averments in smuggling cases. 217. When any ship or goods shall at the time of the seizure thereof be the property of any Joint Stock Company, or of partners in any co-partnership actually carrying on trade within the limits of the jurisdiction, such claim and appearance may be entered and oath made by the public officer of such Joint Stock Company or by any agent for, or any one of the partners in, any such co-partnership; and any person who shall be convicted of taking a false oath as to any or either of the facts hereinbefore required to be sworn to, shall be deemed guilty of perjury, and liable to the pains and penalties thereof. (10 of 1876, s. 220.) As to Proofs in Proceedings under the Customs Laws. 218. If in any prosecution under the direction of the Collector of Customs or other chief officer of Customs in respect of any goods seized for non-payment of duties or any other cause of forfeiture, or for recovering any penalty or penalties under this or any Ordinance relating to the Customs, any dispute shall arise whether the duties have been paid in respect of such goods, or the same have been lawfully imported, or lawfully unshipped, or lawfully removed from any warehouse, then and in every such case the proof thereof shall be on the defendant in such prosecution. (10 of 1876, s. 221.) 219. The averment that the Collector of Customs or other chief officer of the Customs has directed or elected, that any information or proceedings under this or any other Ordinance relating to the Customs shall be instituted, or that any person is an officer of the Customs, or that any person was employed for the prevention of smuggling, or that the offence was committed within the limits of any port, shall be deemed to be sufficient, without proof of such fact or facts, unless the defendant in any such case shall prove to the contrary. (10 of 1876, s. 222.) prove that he 220. If upon any trial a question shall arise whether any person Revenue is an officer of the Customs, viva voce evidence may be given of such officer may fact, and shall be deemed legal and sufficient evidence; and every is so by vivá such officer, and any person acting in his aid or assistance, shall be voce evidence. a competent witness upon the trial of any suit or information, on account of any seizure or penalty as aforesaid, notwithstanding such officer or other person may be entitled to the whole or any part of such seizure or penalty or to any reward upon the conviction of the party charged in such suit or information. (10 of 1876, s. 223.) tion of official letter to be 221. Upon the trial of any issue or upon any judicial hearing The producor investigation touching any seizure, penalty, or forfeiture, or other proceeding under any law relating to the Customs or incident sufficient thereto, where it may be necessary to give proof of any order issued proof of by the Governor, or by the Governor in Council, or the Collector order. of Customs, or other chief officer of the Customs respectively, the order, or any letter or instructions referring thereto, which shall have been officially received by any officer of the Customs for his government, and under which he shall have acted as such officer, shall be admitted and taken as sufficient evidence of such order without proof of any signature, unless the Court shall see any reason to doubt its genuineness. (10 of 1876, s. 224.) As to Actions against Officers of the Customs. 222. No suit or action shall be commenced against any officer of the Customs or against any person acting under the direction of the Collector of Customs, or other chief officer of the Customs, for anything done in the execution of, or by reason of his office, until one month next after notice in writing shall have been delivered to him or left at his usual place of abode in which notice shall be clearly stated the cause of action, the name and place of abode or business of the plaintiff, and if any suit shall be commenced against any such officer or other person, and no such notice shall have been given, such officer or other person may call upon the plaintiff to establish on affidavits on both sides to the satisfaction of the Court, that such suit is brought for some act, matter, or thing not done in the execution of, or by reason of his office, and if the plaintiff shall fail so to satisfy the Court, such action shall discontinue: Provided, that if the plaintiff shall so satisfy the Court he shall not be allowed on the trial or hearing of such suit to give evidence of any cause of action other than such as shall have been disclosed in his said affidavit. (10 of 1876, s. 225.) Actions against action to Evidence limited to subject in notice. Actions against officers to be brought within two months after cause arises. Officer may tender amends. Proviso. Protection to on probable cause. 223. Upon the hearing of any action brought in pursuance of such notice, the plaintiff shall not be entitled to a verdict without proving that such notice had been duly served, and in default of such proof the defendant in such action shall recover a verdict with costs, nor shall any such plaintiff be at liberty to produce any evidence of any cause of action except such as has been distinctly stated in such notice. (10 of 1876, s. 226.) 224. Every such action against any officer of Customs or other such person as aforesaid, shall be commenced within two months after the cause of action shall have arisen, and if such action be brought in respect of any seizure made by such officer or other person, such cause of action shall not be deemed to have arisen until the day after the trial of the information with respect to such seizure, and the venue in such action shall be laid in the place where the cause thereof is alleged to have occurred, and in any such action the defendant may plead generally that the act complained of was done in execution or intended execution of this or any Ordinance relating to the Customs, and give this Ordinance and the special matter in evidence; and if the plaintiff shall be non-suited, or discontinue, or if upon a verdict or demurrer judgment shall be given against the plaintiff, the defendant shall recover his full costs and have such remedy for the same as any defendant has in other cases where costs are given. (10 of 1876, s. 227.) 225. It shall be lawful for any such officer, within one month after service of such notice, to tender amends to the party complaining, and plead such tender in bar to any action, together with other pleas, and if the Court shall find the amends sufficient, a verdict shall be given for the defendant: Provided always, that it shall be lawful for such defendant, by leave of the Court, to pay money into Court as in other actions. (10 of 1876, s. 228.) 226. In case any action, information, or other proceeding shall officer acting be brought to trial against any person whatsoever on account of any seizure (whether any information or suit shall be brought to trial for the condemnation of the same or not), or for any other act done in execution or intended execution of this or any other Ordinance relating to the Customs, and a verdict or judgment shall be given for the plaintiff, if the Court or Judge before whom such action, information, or other proceedings shall be tried shall certify on the record or other written proceeding that there was probable cause for such seizure or other act, then the plaintiff shall not be entitled to more than two pence damages, nor to any costs, nor shall the defendant or defendants in any such prosecution be fined more than one shilling. (10 of 1876, s. 229.) Here state the particulars according to the above headings, with the name or names of places where laden in order of time, or if in ballast, state "in ballast only." I declare that the entry above written is a just report of my ship and of her lading, and that the particulars therein inserted are true, to the best of my knowledge, and that I have not broken bulk, or delivered any goods out of my said ship since her departure from the last foreign place of loading (except, if so, at stating where). SCHEDULE I. FORM AA. (s. 52). I declare that the entry above written is a just report of the above-named ship and of her lading, that the particulars therein inserted are true to the best of my knowledge and belief, and that bulk has not been broken upon, nor have any goods been delivered out of the said ship since her departure from [ 1, the last foreign place of landing (except, if so, at [ ]. State where.) [Signature.] Owner of the above-named ship (or as the case may be). Declared and signed the [ ] day of [ presence of ] in the Port of (name of Port of Importation). Whether prime or post, and if post, date of prime entry. Importer's name. I, (name of importer or agent) of (place of abode) do hereby declare that I am (the importer or agent duly authorised by the |