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administer oaths.

Other per

sons may be thereto appointed.

Officers may
administer
certain
oaths.

To be to His
Majesty's

use.

Time for taking.

Forms.

order in council, the rank of chief clerk of the inside service in the said Department, and all duly appointed inspectors of Customs ports, shall by virtue of their office, have full authority to administer all oaths and receive all affirmations and declarations required or authorized by this Act, and also to admin ister all oaths of allegiance and of office required by the Civil Service Act to be taken by Customs officers.

2. The Governor in Council may, from time to time, by regulation appoint or designate such other and additiona persons, officers or functionaries, as he sees fit, by name, or by their name of office, in Canada or out of Canada, as those before whom such oaths may be validly taken. 51 V., c. 14, s. 33.

138. Every officer of Customs and every person acting as such officer under the directions of the Minister may administer any oath prescribed to be taken in respect of any matter within the scope of the official duties assigned to such officer. 3 E. VII., c. 14, s. 17.

BONDS, SECURITIES, ETC.

139. All bonds and securities, of what kind and nature soever, authorized to be taken by any law relating to Customs, trade or navigation, shall be taken to and for the use and benefit of His Majesty.

2. Such bonds shall be taken before the performance of any act with regard to which the taking of any such bond or bonds is required. R.S., c. 32, s. 154.

140. All bonds, documents and papers necessary for the transaction of any business at the respective Custom-houses or places or ports of entry in Canada, shall be in such form as the Minister, from time to time directs. R.S., c. 32, s. 155.

Collector

may grant.

Goods derelict, etc.,

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 DISTRIBU-
TION OF PROCEEDS.

142. If the duties on any goods derelict, flotsam, jetsam or wreck, or landed or saved from any vessel wrecked, stranded 786

or

for duty.

or lost, are not paid within eighteen months from the time may be sold 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.

by public

143. Sales of goods forfeited or otherwise liable to be Sales to be sold under this Act shall be by public auction, and after a auction. 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 Appropria it is otherwise provided, belong to His Majesty for the public tion. 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 Proviso as seizure was made, and the officer or officers by whom the seizure to distribuwas made, or the information given which led to the seizure, ceeds. 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.

tion of pro

Governor in

2. Nothing in this section contained shall be construed to Powers of limit or affect any power vested in the Governor in Council Council and or the Minister to make and ordain any other plan or system Minister not 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.

affected.

145. The surplus, if any, of the proceeds of the sale of any Surplus to vessel sold for any penalty over and above the amount of the the owner. penalty, and expenses incurred, shall be paid to the owner of the vessel so sold, or to his lawful agent or other persons en- ' titled thereto. 51 V., c. 14, s. 48.

POWERS AND DUTIES OF OFFICERS.

for enforce

146. Every officer and person who is employed under the Generally authority of any Act relating to the collection of the revenue, ment of this or under the direction of any officer of Customs, shall be Act. deemed and taken to be duly employed for the prevention of smuggling and for the enforcement of this Act in every respect, whether such officer or person is or is not the holder of a writ of assistance.

501

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2.

Prima facie

proof of

2. In any suit or information, the averment that such person employment. Was so duly employed shall be prima facie proof thereof. 51 V., c. 14, s. 25.

Officers and others may.

detain ves

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 Search and 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.

sels and vehicles.

Seize goods found therein.

Power of

officer to

ing in the day time.

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 enter build 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

Search and seizure.

Without justice of peace, if

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 none within 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.

5 miles.

As to building on boundary line.

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

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such building and the premises belonging thereto, so far as the same are within the limits of Canada. R.S., c. 32, s. 138.

board vessels

every part.

150. Officers of Customs may board any vessel at any time Officers may or place, and stay on board until all the goods intended to be and have unladen have been delivered; and they shall have free access to 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 Officers may station officers on board any ship while within the limits of a be stationed port, and the master shall provide every such officer with suitable accommodation and food. R.S., c. 32, s. 140.

on board.

under writ

152. Under the authority of a writ of assistance, any officer Powers or any person employed for that purpose with the concurrence of assistance. 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.

in aid.

153. Any officer or person in the discharge of the duty of Power to call 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,

8. 144.

found hover

ing.

154. If any vessel is found hovering in British waters, Vessels 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 twentyfour 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.

able sus

155. Any officer, or person by him authorized thereunto, On reasonmay search any person on board any vessel or boat within picion. 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

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Before justice of the peace.

Females.

Reasonable despatch.

Who may issue.

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, 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 Duration of as any person named therein remains an officer of Customs, whether in the same capacity or not.

writ.

As to Manitoba and Keewatin.

Existing writs to remain in force.

No action

against

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. c. 32, s. 141; 51 V., c. 14, s. 28.

R.S.,

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, Customs offi- and no writ shall be sued out against, or copy of any process

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