paragraph (d), give to the clerk of the court notice in writing of his
intention so to do; whereupon he shall be entitled to appear at the
hearing of the claim as if he were in every respect a party defendant.
(h)
If any party defendant fails to comply with the provisions of
paragraph (f), or if he, or any person who has given the notice provided
for by paragraph (g), fails to appear at the hearing of the claim on the
date assigned therefor, the court shall enter his default and may
thereupon proceed to hear and determine the claim forthwith on the
evidence of the affidavit filed under paragraph (b), and the reports or
certificates exhibited therein, or may adjourn such hearing and
determination to a date not more than two weeks from the date assigned
for the hearing of the claim.
(i)
Upon hearing the evidence adduced the court may make the
declaration and order sought; or may dismiss the claim and make such
order as to costs, consequential upon such dismissal, as the court deems
meet.
(j)
In the event of a dismissal of the claim by the court, the Minister
may elect to dispose of the said prescribed seed in any other manner
thereunto provided by subsection (1).
(3) It is hereby declared that anything done or any proceeding taken in
terms of this section shall not prevent the institution of criminal
proceedings under this Act, or under any other written law, against the
owner of the said prescribed seed or his agent, or the person from whose
custody and control it was taken, or in whose custody or control it is
found, as the case may be, or against any other person.
(4) Any person who fails to comply with any order made or condition
imposed under paragraph (a) or (b) of subsection (1) shall be guilty of an
offence.
PART VII
IMPORT AND EXPORT OF SEED
39. (1) The Minister may, from time to time and as often as he deems it Restricted seed
expedient so to do, by regulation, restrict, limit, make subject to
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