0003230 G.F. 323
CONFIDENTIAL
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Determination of applications for forfeiture.
43. (1) where a notice of claim is given under
subsection (4) of section 42, 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.
(2) When any such application is made to a magistrate,
the magistrate shall issue a summons in the prescribed form
to the claimant, requiring him to appear before a magistrate
on the hearing of the application, and shall cause a copy of
the summons to be served on the Director.
(3) If, on the hearing of an application under this
section
(a) neither the claimant nor any other person appears
before the magistrate to make a claim and the
magistrate is satisfied that the summons was duly
served; or
(b) neither the claimant nor any other person satisfies
the magistrate that he has a claim; and
(c) the magistrate is satisfied that the vehicle or
ship is liable to forfeiture,
the magistrate shall order that the vehicle or ship be
forfeited to the Crown.
(4) If, on the hearing of an application under this
section
(a)
a person satisfies the magistrate that he has a
CONFIDENTIAL