satisfied that all reasonable efforts were made to serve
the summons on the person named in the summons he may make
an order of forfeiture under section 40 notwithstanding
that the summons was not served and that the person named
in the summons is not given an opportunity to show cause
why the article or thing should not be forfeited.
(5) An order for forfeiture of any article shall,
unless the magistrate considers that there are special
reasons for directing otherwise, apply to the whole of the
article.
(5) In this section "owner"
(a)
in the case of a stall includes any occupier of
that stall;
(b)
(c)
in the case of a vessel includes any charterer
and the master of that vessel;
in the case of an aircraft includes any operator
of that aircraft; and