4.1-341 - Bond to secure possession; appearance by claimant; jury trial.
§ 4.1-341. Bond to secure possession; appearance by claimant; jury trial.
A. The posting of bond by an owner or lienor to secure possession of propertyseized pursuant to § 4.1-339 shall be in accordance with § 19.2-377.
B. Any person claiming to be the owner of such seized property, or to hold alien thereon, may appear at any time before final judgment of the trialcourt, and be made a party defendant to the information so filed. Suchappearance shall be by answer, under oath, in which shall be clearly setforth the nature of such defendant's claim, whether as owner or as lienor,and if as owner, the right or title by which he claims to be such owner, andif lienor, the amount and character of his lien, and the evidence thereof.In either case, the defendant shall set forth fully any reason or cause whichhe may have to show against the forfeiture of the property.
C. If the claimant denies that illegally acquired alcoholic beverages oralcoholic beverages being illegally transported in amounts in excess of onequart or one liter if in a metric-sized container, were in such conveyance orvehicle at the time of the seizure, and demands a trial by jury, the courtshall, under proper instructions, submit the same to a jury of five, to beselected and empanelled as prescribed by law. If the jury finds in favor ofthe claimant, or if the court trying such issue without a jury so finds, thejudgment of the court shall be to entirely relieve the property fromforfeiture, and no costs shall be taxed against the claimant.
(Code 1950, § 4-56; 1954, c. 504; 1968, c. 763; 1971, Ex. Sess., c. 155;1973, c. 16; 1978, cc. 434, 436; 1981, c. 365; 1983, c. 271; 1984, c. 52;1993, c. 866.)