Chap. 307.—An ACT to amend and re-enact section fifty-seven of an act en-
titled an act to define ardent spirits and to prohibit the manufacture, use,
sale, offering for sale, transportation, keeping for sale, and giving away
of ardent spirits, or drugs, as herein defined, except as provided herein;
declaring certain ardent spirits contraband, and prescribing procedure for
search therefor and forfeiture thereof; to prohibit advertisement of such
ardent spirits; to prescribe the jurisdiction for trial and appeals of cases
arising under this act; to prescribe the force and effect of certain evidence
and prosecutions for violation of this act; to create the office of commis-
sioner of prohibition and to define his duties and powers and compensa-
tion; defining intoxication and who is a person of intemperate habits
within the meaning of this act; prescribing a penalty for intoxication; pre- _
scribing certain rules of evidence in certain prosecutions under this act;
defining soft drinks; providing how they may be sold; regulating the sale
of toilet antiseptic preparations, patent and proprietary medicines, and
flavoring extracts; exempting certain counties and cities from certain
provisions of this act and authorizing additional restrictions and limita-
tions beyond the provisions of this act as to sale, manufacture or delivery
of ardent spirits in certain counties and cities; to provide for the enforce-
ment of this act and to prescribe penalties for the violation of this act;
to appropriate out of the treasury of the State necessary moneys for the
enforcement of this act; and to repeal chapter 146 of Acts of Assembly,
1916, approved March 10, 1916, and all other acts or parts of acts in
conflict with this act, approved March 19, 1918. [H B 141]

Approved March 19, 1920.

1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-seven of an act entitled an act to define ardent spirits and
to prohibit the manufacture, use, sale, offering for sale, transportation,
keeping for sale, and giving away of ardent spirits, or drugs, as
herein defined, except as provided herein; declaring certain ardent
spirits contraband, and prescribing procedure for search therefor and
forfeiture thereof; to prohibit advertisement of such ardent -spirits ;
to prescribe the jurisdiction for trial and appeals of cases arising under
this act; to prescribe the force and effect of certain evidence and
prosecutions for violation of this act; to create the office of com-
missioner of prohibition and to define his duties and powers and com-
pensation; defining intoxication and who is a person of intemperate
habits within the meaning of this act; prescribing a penalty for in-
toxication; prescribing certain rules of evidence in certain prosecu-
tions under this act; defining soft drinks, providing how they may be
sold; regulating the sale of toilet, antiseptic preparations, patent and
proprietary medicines, and flavoring extracts ; exempting certain coun-
ties and cities from certain provisions of this act and authorizing ad-
ditional restrictions and limitations beyond the provisions of this act
as to sale, manufacture or delivery of ardent spirits in certain coun-
ties and cities; to provide for the enforcement of this act and to: pre
scribe penalties for the violation of this act; to appropriate aut af
the treasury of the State necessary moneys. for the enforcement of
this act; and to repeal chapter one hundred and forty-six of Acts of
Assembly, nineteen hundred and sixteen, approved March tenth, nine-
teen hundred and sixteen, and all other acts or parts of acts in con-
flict with this act, approved March nineteenth, nineteen hundred and
eighteen, be amended and re-enacted so as to read as follows:
Sec. 57. Search of vehicles in which ardent spirits being trans-
ported, vehicle to be seized and forfeited; proceedings; disposition of
ardent spirits; arrest of occupants—When any officer charged with
the enforcement of this law shall have reason to believe that ardent
spirits are being. transported in any wagon, boat, buggy, automo-
bile or other vehicle, whether of like kind or not, contrary to law, he
shall have the right and it shall be his duty to obtain a warrant to
search such wagon, boat, buggy, automobile or other vehicle, and to
seize any and all ardent spirits found therein which are being trans-
ported contrary to law. Whenever any ardent spirits which are being
illegally transported, or are being transported for an illegal use, shall
be seized by an officer of the State of Virginia, he shall also take
possession of the vehicle and team, or automobile, boat or any other
conveyance, other than a conveyance owned and used by a railroad,
steamboat or express company, in which such liquor shall be found,
and turn the same over to the sheriff of the county, or sergeant of the
city in which such seizure shall be made and such vehicle and team,
automobile, boat or other conveyance shall be forfeited to the Com-
monwealth ; and shall report the seizure to the attorney for the Com-
monwealth of the county or city in which such seizure shall be made,
and to the commissioner in writing, and the attorney for the Common-
wealth shall file any information in the name of the Commonwealth
against such vehicle and team, automobile, boat or other conveyance
by name or general designation. The information: shall allege the
seizure, and set forth in general terms the cause and grounds of for-
feiture. It shall also pray that the property be condemned and sold
and the proceeds be disposed of according to law, and that all persons
concerned in interest be cited to appear and show cause why the said
property should not be condemned and sold to enforce the forfeiture,
which information shall be sworn to by the attorney for the Commor
wealth. Upon the filing of the information the clerk of the court
shall forthwith issue a notice reciting briefly the filing of the informa-
tion, the object thereof, the seizure of the property and citing all per-
sons concerned in interest to appear on a‘spetified.day of the. next
term of the court, after the publication of said notice, and show cause
why the prayer of the information for condemnation and sale should
not be granted, a copy of which said notice shall be posted at the
front door of the courthouse by the sheriff of the county or sergeant
of the city and published by him in some newspaper published in the
county or city where such seizure is made, at least five days before
the return day of such notice, or if there be no newspaper published in
the county or city, then in some newspaper having general circulation
therein, which said publication shall be sufficient service of notice on
all parties concerned in interest. ,

Provided, that any person claiming an interest therein may give 2
ferthcoming bond, in amount, double the value of the property so
seized, conditioned that the vehicle and team, automobile, boat of
other conveyance will be forthcoming in compliance with any order
of the court having jurisdiction and to pay all costs and fees incident
to such seizure.
1920. | ACTS OF ASSEMBLY. 427

Any person interested may appear and be made a party defendant
and make defense to the information, which must be done by answer
under oath, and the proceedings shall conform as nearly as practicable
to chapter one hundred and thirty-one of the Code of Virginia of nine-
teen hundred and nineteen. “But, provided, further that any equity
or interest of any person who is in charge of such vehicle and team,
automobile, boat or other conveyance, or who is an occupant of the
same at the time such seizure 1s made, shall be forfeited by making
such person or persons a party defendant, and the possession of such
ardent spirits in such vehicle, automobile, boat or other conveyance,
shall be prima facie evidence that the person in charge knew such
ardent spirits were in such vehicle, automobile, boat or other con-
veyance, nor shall it be a ground of defense that such person or per-
sons by whom said property was used in violation of law has not been
convicted of such violation. The said information shall be independent
of any proceeding against such person or any other for violation of
law. And provided, further, that whenever it shall appear to the
satisfaction of the court from the evidence that the owner or lienor of
such vehicle and team, automobile, boat or other conveyance was igno-
rant of the illegal use to which the same was put and that such illegal
use was without his connivance or consent, expressed or implied, such
court shall have the right to relieve such owner or lienor from the
forfeiture herein provided.”

It shall not be a ground of defense that the person or persons by
whom said property was used in violation of law has not been con-
victed of such violation; and the information shall be independent of
any proceeding against such person or persons or any other for viola-
tion of law.

For every information filed under this section there shall be al-
lowed to the attorney for the Commonwealth a fee of ten dollars and
to the officer making the seizure and arrest a fee of ten dollars, which
shall be taxed as cost and collected in the manner provided by law.

In every case the ardent spirits shall be turned over to the commis-
sioner as herein provided.

The officer making the seizure shall also arrest all persons in
charge of or otcupying such team or vehicle and report all arrests
made to the attorney for the Commonwealth of the county or city in
which such arrests shall be made, and to the commissioner in writing,
and the attorney for the Commonwealth shall at once proceed against
the person or persons arrested under the provisions of this act, who,
upon conviction, shall be deemed guilty of a misdemeanor and shall
be fined not less than fifty nor more than five hundred dollars, and
confined in jail not less than one nor more than six months. ,

Provided that the forfeiture provided for in this section shall not
apply to the transportation in personal baggage of the quantity of
ardent spirits permitted bv this act.

2. This act as amended shall apply to cases now pending in the
trial courts as well as to cases hereafter arising; and an emergency
existing, this act shall be in force from its passage. _