1950
No. 36 of 1931.
DUTIABLE COMMODITIES.
Forfeitures.
(2) for a second offence, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months;
(3) for every subsequent offence, to a fine not exceeding two thousand dollars and to imprisonment for any term not exceeding twelve months.
In any case where a magistrate is of opinion that an offence was committed with intent to avoid payment of any duty payable under this Ordinance, this section shall be construed as if for the maximum fine prescribed therein for a first, second or subsequent offence there were substituted a fine not exceeding two thousand dollars, or of ten times the amount of the duty payable on the goods in respect of which the offence was committed, whichever is the greater.
43.—(1) It shall be lawful for a magistrate to order to be forfeited-
(a) any goods with respect to which any offence against this Ordinance has been committed, whether any person has been convicted of such offence or not;
(b) any goods to which this Ordinance applies and which are found without any apparent owner or unclaimed after such notice as the magistrate thinks fit.
(2) Upon the breach of any condition of any permit or any licence under this Ordinance, any deposit required as a condition on the granting of such permit or licence shall, upon application to a magistrate, be declared by him to be forfeited.
(3) Upon the failure of any condition of any bond required in connexion with any permit or any licence under this Ordinance, the sum secured by the bond shall be deemed to be forfeited.
(4) Upon the making of an order or declaration of forfeiture under, or upon the happening of any event upon which anything is forfeited or deemed to be forfeited by, any provision of this Ordinance, the thing so forfeited or ordered or declared or deemed to be forfeited shall be deemed to be the property of the Crown free from all rights of any person.
(5) The Governor in Council in his absolute discretion may
1950
No. 36 of 1931.
DUTIABLE COMMODITIES.
Forfeitures.
(2) for a second offence, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceed- ing twelve months;
(3) for every subsequent offence, to. a fine not exceeding two thousand dollars and to imprisonment for any term not exceed- ing twelve months.
In any case where a magistrate is of opinion that an offence was committed with intent to avoid payment of any duty payable under this Ordinance, this section shall be construed as if for the maximum fine prescribed therein for a first, second or subsequent offence there were substituted a fine not exceeding two thousand dollars, or of ten times the amount of the duty payable on the goods in respect of which the offence was com- mitted, whichever is the greater.
43.—(1) It shall be lawful for a magistrate to order to be forfeited-
(a) any goods with respect to which any offence against. this Ordinance has been committed, whether any person has been convicted of such offence or not;
(b) any goods to which this Ordinance applies and which are found without any apparent owner or unclaimed after such notice as the magistrate thinks fit.
(2) Upon the breach of any condition of any permit or any licence under this Ordinance, any deposit required as a condition on the granting of such permit or licence shall, upon application to a magistrate, be declared by him to be forfeited.
(3) Upon the failure of any condition of any bond required in connexion with any permit or any licence under this Ordinance, the sum secured by the bond shall be deemed to be forfeited.
(4) Upon the making of an order or declaration of forfeiture under, or upon the happening of any event upon which anything is forfeited or deemed to be forfeited by, any provision of this Ordinance, the thing so forfeited or ordered or declared or deemed to be forfeited shall be deemed to be the property of the Crown free from all rights of any person.
*
(5) The Governor in Council in his absolute discretion may
4
No comments yet.
Private notes are available after approval.