Evidence of forfeiture.
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magistrate linds that the goods or thing was at the time of seizure liable to forfeiture he shall condemn it as forfeited.
(9) In any application to a magistrate as aforesaid—
(a) the claimant shall first satisfy the magistrate that at the time of the seizure the claimant had proprietary interest in the
goods or thing so seized;
(6) a certified true copy of the record of evidence, proceedings, including the decision of the court in any criminal trial relating to such goods or thing shall be admissible in evidence; (c) a certificate purporting to be issued under the hand of the Director of Marine certifying the gross tonnage of any ship shall be admissible in evidence upon production of the certi- ficate and without proof of the signature thereon;
(d) a certificate purporting to be issued under the hand of the Director of Marine certifying that the gross tonnage of any ship does not exceed two hundred and fifty gross tons shall upon production of the certificate and without proof of the signature thereon be conclusive evidence as to the facts stated therein.
(10) If no claimant satisfies the magistrate that at the time of seizure he had a proprietary interest in the article or thing sa scized, such article or thing shall be deemed to be forfeited.
(11) Where proceedings as aforesaid are taken for condemnation of a ship, vehicle or aircraft the magistrate may order delivery to the claimant of the ship, or vehicle or aircraft seized until the hearing of the case on scourity being given by payment into court of a sum of money equivalent to the value of the ship, vehicle or aircraft as assessed by the Director and if the ship, vehicle or aircraft is not surrendered to the Director before or at the hearing of the case the security shall be deemed to be forfeited:
Provided that nothing in this subsection shall prevent an order for forfeiture being made in respect of such ship, vehicle or aircraft.
(12) Notwithstanding the earlier provisions of this section it shall be lawful for the Governor in Council in his absolute discretion after the conclusion of legal proceedings, if any, to entertain and to give effect to any moral claim to or in respect of any article or thing liable to forfeiture.
49. Forfeiture by order of a magistrate under this Ordinance may be proved in any court, or before any competent tribunal, by the pro- duction of a certificate of such forfeiture purporting to be signed by the magistrate or by an examined copy of the record of such forfeiture certified by the magistrate's clerk.
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50. (1) Where in any proceedings which may involve the con- Protection of demnation of anything seized as liable to forfeiture judgment is given members of for the claimant the magistrate may certify that there were reasonable Service in Preventive grounds for the seizure.
(2) Where any proceedings, civil or criminal, are brought against the Director, any member of the Preventive Service or other prescribed officer in respect of anything seized or Forfeited which has subsequently been restored to any person under the provisions of this Ordinance, then if the court is satisfied that there were reasonable grounds for the seizure and for the restoration of such thing, the plaintiff or the prosecutor shall not be entitled to recover any damages or costs and the defendant shal not be liable to any punishment.
fortelture proceedings.
51. (1) Putiable goods abandoned by the importer or proprietor Goods aban- as not worth the duty may be destroyed or disposed of within such time doned as and in such manner as the Director may direct.
(2) Dutiable goods unclaimed by the importer or proprietor after a period of seven days from the time of notice being given by the Director that the goods had been received into his custody shall be deemed to have been abandoned as not worth the duty and may be disposed of in the manner prescribed in subsection (1) above.
not worl
the duty.
SZ. If any article scized under the provisions of this Ordinance is, Sate of
in the opinion of the Director, of a perishable nature or of such nature perishables. that it may deteriorate if stored for any length of time, such article may, by direction of the Director, be sold and the proceeds thereof retained to abide the result of any claim that may legally be made in respect thereof.
PART III.
LIQUORS.
53. In the application of this Ordinance to liquor- "adulterated liquor" means any liquor mixed or coloured with any ingredient whatever or with water, so as to increase the bulk and measure of the liquor, to impair its quality or to conceal its inferior quality, and includes any liquor, whether injurious to health or not, which is in nature and quality not virtually that as which it is labelled; spirits mixed with water only so as not to reduce the strength below twenty-five degrees under proof in the case of brandy, whisky, or rum, or below thirty degrees under proof in the case of gin and vodka, and brandy which in the opinion of the Director is very old liqueur brandy, shall not be considered adulterated: a certificate of contents purported to be signed by the Government Chemist, relating to adulterated liquor as prescribed in this definition shall in any proceeding be conclusive evidence as to the facts stated therein:
Interpre- tation.