0003230
G.F. 323
CONFIDENTIAL
34
referred to as the claimant) may within thirty days after
(a) the date of the notice, if it was served under
paragraph (a) or (b) of subsection (3); or
(b) the first day on which the notice was exhibited,
if it was served under paragraph (c) of subsection
(3),
give notice in writing to the Director that he claims that
the vehicle or ship is not liable to forfeiture.
(5) If, on the expiry of the appropriate period of time specified in subsection (4) for the giving of a notice of claim, no such notice has been given in writing to the Director, the vehicle or ship shall be forfeited forthwith
to the Crown.
(6) A person has a claim for the purposes of this
section and section 44 if
(a) he is the owner of the vehicle or ship or the
agent of the owner; or
(b) he was in possession of the vehicle or ship at
the time it was seized.
Determination
of applications for
forfeiture.
44.
(1) Where a notice of claim is given under subsection (4) of section 43, the Director shall apply in the prescribed form to a magistrate for the forfeiture of the vehicle or ship and shall state in the application the name and address of the claimant as specified in the notice
of claim.
CONFIDENTIAL