Creamery (Amendment) Act, 1934
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Amendment of section 13 of the Principal Act. |
4.—(1) Where a person is found guilty of an offence under section 13 of the Principal Act, the Court may, either in addition to or in lieu of imposing a fine, order the seizure and forfeiture of all machinery, plant, utensils, and equipment (whether the same are or are not fixtures) suitable for use in a creamery found in the premises in which such offence was committed. | |
(2) Where a creamery is alleged to be maintained in contravention of section 13 of the Principal Act and the person by whom such creamery is so maintained is not known or cannot conveniently be ascertained, a prosecution for the offence under the said section 13 of so maintaining such creamery may be brought against the person so maintaining such creamery by the description of “the person maintaining a creamery at (a named place)” without naming or further identifying such person, and whenever any such prosecution is so brought, the following provisions shall have effect, that is to say:— | ||
(a) the summons or other document originating such prosecution may, notwithstanding anything contained in any rule of court, be served by affixing a copy thereof in a prominent position on the outside of the premises in which such creamery is alleged to be maintained, and such service shall for all purposes be good and sufficient service; | ||
(b) if at the hearing, of the matter any person appears (whether in person or by solicitor or counsel) and either is proved to be or admits that he is the person maintaining the alleged creamery, the Court may amend the summons or other document aforesaid by inserting therein the name of such person as respondent and make such order on such document as so amended as justice may require; | ||
(c) if at the hearing of the matter the Court is satisfied that the offence alleged has been or is being committed but no person appears (whether in person or by solicitor or counsel) who is proved to be or admits that he is the person by whom such offence was or is being committed, the Court may order the seizure and forfeiture of all machinery, plant, utensils, and equipment (whether the same are or are not fixtures) suitable for use in a creamery found in the premises in which such offence was or is being committed. | ||
(3) Every seizure and forfeiture of goods under an order under this section shall be effected by the proper officers of the Court and for that purpose such officers may break and enter the premises specified in such order and may use such force as may be necessary therefor. | ||
(4) All goods seized and forfeited under this section shall be delivered to the Minister and may be sold or otherwise disposed of by him in such manner as he shall think proper for the benefit of the Exchequer. |