(c) where the holder is without the State, either at the time of the offence charged or at the time when the summons is served, the magistrate on being satisfied as to the serving of the summons as hereinbefore authorised, shall proceed to investigate the matter of the charge, whether any attorney or agent appears for such holder or not, and if the offence is proved, may order the penalty to be paid and to be levied upon the goods and chattels of the holder of the licence by distress, but where it is not shown that the holder left the State to avoid service of the summons upon him or her personally, the magistrate shall not make order or direct that the holder shall be imprisoned, either in default of sufficient goods or chattels being found or otherwise;