ULLIY

!"་

F

SECTION (2), ANY BERSON WAS HAS A CLAIM THEREIRAFTER REFER

TO AS THE CLAIMANT) MAY WITHIN THIRTY DAYS AFTER

(a) THE DATE OF THE NOTICE, IF IT WAS SERVED UNDER SUB-

SECTION 3(A) OR (B) OR

(B) THE FIRST DAY ON WHICH THE NOTICE WAS EXHIBITED,

IF IT WAS SERVED UNDER SUBSECTION 3(C),

GIVE NOTICE IN WRITING TO THE DIRECTOR THAT HE CLAIMS THAT

THE SHIP 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 SHALL BE FORFEITED FORWITH TO THE CROWN (7) A PERSON HAS A CLAIM FOR THE PURPOSES OF THIS SECTION

4

AND SECTION 34B IF

(A) HE IS THE OWNER OF THE SHIP OR THE AGENT OF THE

OWNER, OR

(B) HE WAS IN POSSESSION OF THE SHIP AT THE TIME IT

WAS SEIZED.

34B. (1) WHERE A NOLLBDKMFDSJYLZH

ATIVEN UNDER SECTION 34A(5),

THE DIRECTOR SHALL APPLY TO A MAGISTRATE FOR THE FORFEITURE OF THE 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 SUMMO 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 MAGISTRA

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 THE MAGISTRATE IS SATISFIED THAT THE SHIP IS LIABLE TO

FORFEITURE, THE M

17000000000000000000000000000000000000000000000

Share This Page