0003230
G.F. 323
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claim; and
(b) the magistrate is satisfied that the vehicle or ship
is liable to forfeiture,
the magistrate may order that the vehicle or ship be
(i) forfeited to the Crown; or
(ii) delivered to the owner thereof or his agent subject
to any condition which he may specify.
(5) If, on the hearing of an application under this
section, the magistrate is not satisfied that the vehicle or
ship is liable to forfeiture, he shall order that it be
delivered to the owner thereof or his agent.
(6) On the hearing of an application under this section
(a)
a certified true copy of the record of the
proceedings, including the decision of the court,
in any proceedings in respect of an offence under
subsection (1) of section 31, section 32 or
section 33 shall be admissible in evidence; and
(b) o certificate purporting to be signed by the
Director of Marine and
(i) certifying that the gross tonnage of a ship
does not exceed two hundred and fifty tons; or
(ii) specifying the gross tonnage of a ship,
CONFIDENTIAL