Section 43 — Excise Act

(1)

No action shall be brought against any person for anything done or bona fide intended to be done in the exer-cise or supposed exercise of the powers given by this Act, or by any rules made. thereunder -

(a)

without giving to such person one month's previous notice in writing of the intended action, and of the cause thereof;

(b)

after the expiration of 3 months from the date of the accrual of the cause of action;

(c)

after tender of sufficient amends.

(2)

In every action so brought it shall be expressly alleged that the defendant acted either maliciously or neg-ligently and without reasonable or probable cause, and if at the trial the plaintiff shall fail to prove such allegation judg-ment shall be given for the defendant.

(3)

Though judgment shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the magistrate before whom the action is tried shall certify his approbation of the action.

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