Excise Act (R.S.C., 1985, c. E-14)

Act current to 2014-12-08 and last amended on 2010-12-15. Previous Versions

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 190]

Marginal note:Others to assist officers

 All justices of the peace, mayors, bailiffs, constables, all persons serving under Her Majesty by commission, warrant or otherwise and all other persons whomever shall aid and assist, and they are hereby respectively required to aid and assist, every officer in the due execution of any act or thing authorized, required or enjoined by this Act or any other Act.

  • R.S., c. E-12, s. 77.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 190]

Protection of Officers

Marginal note:Action against officers
  •  (1) No writ shall be issued against, nor any process served on, any officer for any thing done or purporting to be done, in the exercise of his duty as an officer until one month after notice in writing has been served on him, in which notice shall be clearly and explicitly stated the cause of action, the name and place of residence of the person who intends to bring the action and the name of his attorney, solicitor or agent.

  • Marginal note:Evidence

    (2) No evidence of any cause of action shall be produced except of such cause of action as is contained in the notice referred to in subsection (1), and no verdict or judgment shall be given for the plaintiff, unless he proves on the trial that the notice was given, in default of which proof the defendant is entitled to a verdict or judgment and costs.

  • R.S., c. E-12, s. 80.
Marginal note:Limitation of time for action
  •  (1) Every action referred to in subsection 82(1) shall be brought within three months after the cause thereof arose and shall be laid and tried in the place or district where the acts complained of were committed.

  • Marginal note:Defendant’s plea

    (2) The defendant may plead the general issue and give the special matter in evidence.

  • Marginal note:Costs

    (3) If the plaintiff in an action is non-suited or discontinues the action, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover costs and have such remedy for the costs as any defendant has in other cases where costs are given.

  • R.S., c. E-12, s. 81.
Marginal note:Officer may tender amends

 Any officer or person against whom any action is brought under this Act on account of anything done, or purporting to be done, under the authority of this Act, may, within one month after the notice referred to in subsection 82(1) has been served, tender amends to the person complaining or his agent and plead the tender in bar or answer to the action, together with other pleas or defences, and if the court or jury, as the case may be, finds the amends sufficient, a judgment or verdict shall be given for the defendant, and in that case, or if the plaintiff is non-suited or discontinues his action, or judgment is given for the defendant on demurrer or otherwise, the defendant is entitled to the like costs as he would have been entitled to in case he had pleaded the general issue only, but the defendant may, by leave of the court in which the action is brought, at any time before issue is joined, pay money into court as in other actions.

  • R.S., c. E-12, s. 82.