Chap. 190.—An ACT to amend and re-enact Section 38 of Chapter 255 of the
Acts of the General Assembly of 1936, approved March 25, 1936, and known,
designated and cited as the Alcoholic Beverage Control Act, so as, among
other things, to provide how contraband articles may be confiscated.

[fH B 359]

Approved March 18, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion thirty-eight of chapter two hundred and fifty-five of the acts
of the General Assembly of nineteen hundred and thirty-six, known,
designated and cited as The Alcoholic Beverage Control Act, be
amended and re-enacted so as to read as follows:

Section 38. How contraband articles may be confiscated —AIl
proceedings for the confiscation of articles declared contraband and
forfeited to the Commonwealth under this act shall be proceeded against
as provided in this section:

(a) Whenever any article, which under the provisions of this
act is declared contraband and required to be forfeited to the Com-
monwealth, has been seized, with or without a warrant, by any officer
charged with the enforcement of this act, he shall produce the same,
and the person in whose possession it was found, if any. In those
cases where no person is found in possession of said articles the re-
turn shall so state and a copy of said warrant shall be posted on the
door of the building or room wherein the same was found, or if there
be no door, then in any conspicuous place upon the premises.
(b) Upon the return of the warrant as provided in this section,
the justice of the peace, trial justice, police justice, civil and police
justice, court, judge or mayor shall fix a time not less than ten days,
unless waived by the accused in writing, the accused having the right
to do so, and not more than thirty days thereafter, for the hearing of
said return, when he shall proceed to hear and determine whether or
not the articles so seized, or any part thereof, were used, or in any
manner kept, stored or possessed in violation of any of the provisions
of this act. | |

At such hearing if no claimant shall appear. the justice of the
peace, trial justice, police justice, civil and police justice, court, judge
or mayor shall declare the articles seized forfeited to the Common-
wealth and, if such articles be not necessary as evidence in any pend-
ing prosecution, shall turn the same over to the board as herein re-
quired. At such hearing any person claiming any interest in any of
the articles seized may appear and file a written claim setting forth
particularly the character and extent of his interest, whereupon, if
the trial be before a justice of the peace, trial justice, police justice,
civil and police justice, or mayor, he shall forthwith certify the war-
rant and the articles seized along with the claim filed therein to the
circuit, corporation or hustings court having jurisdiction, which court
shall docket the case. Thereupon the court shall hear and determine
the validity of such claim.

If, upon such hearing, the evidence warrants, the court shall there-
upon enter a judgment of forfeiture, and order the article so seized
to be turned over to the board as is herein required. Action under
this section and the forfeiture of any articles thereunder shall not be
a bar to any prosecution under any other provisions of this act.

(c) Any articles forfeited to the Commonwealth and turned over
to the board in accordance with the provisions of this section, shall
either be destroyed or sold by the board as in its discretion shall be
deemed proper. The net proceeds from every such sale shall be paid
into the literary fund. If the board shall be of the opinion that any
alcoholic beverages forfeited to the Commonwealth and turned over
to the board in accordance with the provisions of this section, for any
reason cannot be sold and should not be destroyed, it may give the
same for medicinal purposes to institutions in this State supported
either in whole or in part by public funds, to supply the needs of
such institutions for alcoholic beverages for such purposes. Provided
that the State Health Commissioner has issued a certificate stating
that such institution has need for such alcoholic beverages, and pro-
vided that a record showing the amount issued in each case, to whom
issued and the date when issued be made and kept in the office of
said commissioner and in the office of said board.

All alcoholic beverages and articles heretofore confiscated under
the provisions of chapter four hundred and seven of the acts of the
General Assembly of nineteen hundred and twenty-four, as heretofore
amended, and not finally disposed of as therein provided, shall be
turned: over to the board and disposed of as.:is provided in.this sub-
section, =. de ts ee rrr?
2. An emergency existing, this act shall be in force from its