165. If the defendant in any such action, suit or information intends to rely upon any immoveables, not mentioned in the said oath, as constituting the whole or any part of his qualification as a justice of the peace at the time of the offence alleged against him, he shall, before pleading, deliver to the plaintiff, or informer, or to his attorney, notice in writing, specifying such immoveables, and the township, parish, seigniory or place, district or county in which the same are respectively situate, and if the plaintiff or informer thinks fit not to proceed further, he may, with leave of the court, discontinue such action, suit, or information, on payment of such costs to the defendant as such defendant may be entitled to, according to the course and practice of the court.
R. S. 1964, c. 20, s. 175.