12
CAP. 354]
Waste Disposal
[1987 Ed.
Forfeiture of livestock.
Seizure of livestock.
Court or the High Court for compensation for any loss arising out of the seizure, which loss shall be recoverable as a civil debt due from the Government, and such application may be begun by motion.
(2) An award of compensation under subsection (1) shall be an award of such sum, if any, as is just and equitable in all the circumstances of the case, including the conduct and comparative blameworthiness of-
(a) the owner of the livestock;
(b) the livestock keeper (other than the owner);
(c) the person in charge of the livestock premises in or on which the livestock was kept at the time of seizure; and
(d) the Director and any authorized officers concerned.
15C. (1) A court which convicts any person of an offence under section 15 or 15A may, in addition to any other order that it makes, order the forfeiture of any livestock in respect of which the offence is committed.
(2) Where livestock in respect of which a person is convicted of an offence under section 15 or 15A is sold or otherwise disposed of, whether under section 15D(2) or otherwise, a court which subsequently convicts any person who is the owner of the livestock of an offence under section 15 or 15A may order-
(a) in the case of a sale under section 15D(2), the forfeiture of a sum of money equal to the balance referred to in section 15D(3); and
(b) in any other case, the forfeiture of a sum of money equal to the value of the livestock at the time of its disposal.
15D. (1) Subject to section 15E, the Director may seize, detain and dispose of any livestock that he has reasonable cause to suspect is being kept in contravention of section 15 or 15A.
(2) Subject to subsection (4), where livestock is seized under subsection (1) the livestock may be sold by the Director, whether or not any person is prosecuted for, or convicted of, an offence under section 15 or 15A, and the proceeds of sale dealt with under subsection (3).
(3) Where livestock is sold under subsection (2) the proceeds of sale shall be used to pay any costs incurred in the seizure, detention and sale and the balance (if any)-
(a) shall be paid to the person who—
(i) submits in writing to the Director within 28 days of the sale a claim to such livestock; and
(ii) proves to the satisfaction of the Director that he was the owner of the livestock at the time it was seized; or