Merchandise Marks Act, 1931

Search warrant and additional provisions as to forfeiture.

24.—(1) Where upon information of an offence under this Act a Justice of the District Court has issued either a summons requiring the defendant charged by such information to appear to answer to the same, or a warrant for the arrest of such defendant, and either the said Justice on or after issuing the summons or warrant, or any other Justice of the District Court, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Justice may issue a warrant under his hand by virtue of which it shall be lawful for any member of the Gárda Síochána named or referred to in the warrant, to enter such house, premises or place at any reasonable time by day, and to search there for and seize and take away those goods or things, and any goods or things seized under any such warrant shall be brought before a Justice of the District Court for the purpose of its being determined whether the same are or are not liable to forfeiture under this Act.

(2) If the owner of any goods or things which, if the owner thereof had been convicted of an offence under this Act would be liable to forfeiture under this Act, is unknown or cannot be found, any information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Justice of the District Court may cause notice to be advertised stating that unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place, a Justice of the District Court, unless the owner or any person on his behalf, or other person interested in such goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.