IMMIGRATION BILL
(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or
(c) where it cannot be served in accordance with paragraph (a) or (b), the notice is exhibited in the Immigration Department in a place to which the public have access for a period of not less than seven days commencing within twenty-one days of the seizure of the ship or vehicle.
(5) Where a notice of seizure has been served under sub- section (3), any person who has a claim (hereinafter referred to as the claimant) may within thirty days after-
(a) the date of the notice, if it was served under subsection
4(a) or (b); or
(b) the first day on which the notice was exhibited, if it
was served under subsection 4(c),
give notice in writing to the Director that he claims that the ship or vehicle is not liable to forfeiture.
(6) If, on the expiry of the appropriate period of time specified in subsection (5) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship or vehicle shall be forfeited forthwith to the Crown.
(7) A person has a claim for the purposes of this section and section 44 if—
(a) he is the owner of the ship or vehicle or the agent of
the owner; or
(b) he was in possession of the ship or vehicle at the time
it was seized.
44. (1) Where a notice of claim is given under section 43(5), the Director shall apply in the prescribed form to a magis- trate for the forfeiture of the ship or vehicle 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
C305
Determination of applications for forfeiture.
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