Cap. 41 Art. 96Special procedure. Service of summons. Agent may appear in certain cases.

(1) Where under this Ordinance or under the regulations, a distiller, dealer or retailer is liable to punishment in respect of any act or omission, and a charge is brought against such distiller, dealer or retailer, proceedings may be taken as stated hereunder:

(a) the summons may be served either in the ordinary manner in which service is now made according to law, or by leaving a copy thereof with any person, being apparently a clerk or servant, found on the premises for which the licence is granted, or if no such person can be found, by posting the same upon a conspicuous part of the outer door or outer wall of such premises;

(b) where the distiller, dealer or retailer is absent from

Malta, his agent may appear on his behalf; proceed to investigate the matter of the charge, whether an agent appears on behalf of the defendant or not, and, if the act or omission is proved, the court may adjudge upon such charge and may order that any fine (multa) awarded be levied on the goods and other property of the distiller, dealer or retailer, by the process established for the enforcement of judgments in civil matters; but the court may not award against the distiller, dealer or retailer any punishment restrictive of personal liberty unless it is proved that he left Malta in order to avoid prosecution.

(2) For the purpose of recovering any such fine, any distillery apparatus used by a distiller and all spirits and materials for the manufacture of spirits in the possession of a distiller, dealer or retailer, shall be deemed to be his property, whether the fact is so or not.