59.1-98 - Procedure when violation charged; awarding possession of property to owner.
§ 59.1-98. Procedure when violation charged; awarding possession of propertyto owner.
Whenever any person mentioned in § 59.1-94 or his agent shall make oathbefore any magistrate, or other officer empowered to issue criminal warrants,that he has reason to believe, and does believe, that within the city, townor county served by such magistrate or other officer, any of his bottles,boxes, siphons, siphon heads, crates, tins, kegs, or clean laundered orsoiled articles mentioned in this chapter a description of the names, marksor devices whereon has been filed and published as aforesaid, are beingunlawfully used or filled or had, by any person manufacturing or sellingsoda, mineral or aerated waters, cider, ginger ale, milk, cream, soft drinksor other beverages or medicines, medical preparations, perfumery, oils,compounds or mixtures, or that any junk dealer or dealer in secondhandarticles, vendor of bottles, or any other person has any such bottles, boxes,siphons, siphon heads, crates, tins, kegs or clean laundered or soiledarticles mentioned in this chapter in his possession or secreted in anyplace, the magistrate or other officer, before whom such oath is made mustthereupon issue a search warrant to discover and obtain the same, and mayalso issue his warrant stating the offense charged, and cause to be broughtbefore any general district court having jurisdiction the person in whosepossession such bottles, boxes, siphons, siphon heads, crates, tins, kegs orclean laundered or soiled articles mentioned in this chapter may be found,and shall then inquire into the circumstances of such possession and if suchgeneral district court finds such person has been guilty of a violation of §59.1-96, it must impose the punishment therein prescribed, and it shall awardpossession of the property taken upon such warrant to the owner thereof.
(Code 1950, § 59-195; 1958, c. 579; 1968, c. 439; 2008, cc. 551, 691.)