CHAPTER 194

An Act to amend and reenact § 4-55, as amended, of the Code of Virginia,
relating to proceedings for the confiscation of articles declared con-
traband and forfeited to the Commonwealth, to provide for the de-
struction of mash and nontaxpaid alcoholic beverages in addition to
certain articles enumerated therein.

[H 383]

Approved March 6, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 4-55, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 4-55. All proceedings for the confiscation of articles declared con-
traband and forfeited to the Commonwealth under this chapter shall be
as provided in this section:

(a) Whenever any article, which under the provisions of this chapter
is declared contraband and required to be forfeited to the Commonwealth,
has been seized, with or without a warrant, by any officer charged with
the enforcement of this chapter, 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 such articles the return shall so state and a copy
of the 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.

In case of seizure of a still, doubler, worm, worm tub, mash tub, fer-
menting tub, or other distilling apparatus, for any offense involving for-
feiture of the same, where said apparatus shall be of less than five hundred
dollars’ value, and where it shall be impracticable to remove the same to
a place of safe storage from the place where seized, the seizing officer is
authorized to destroy the same only so far as to prevent the use thereof, or
any part thereof, for the purpose of distilling. Such destruction shall be
in the presence of at least one credible witness, and such witness shall
unite with the said officer in a duly sworn report of said seizure and
destruction, to be made to the Board, in which report they shall set forth
the grounds of the claim of forfeiture, the reasons for such seizure and
destruction, their estimate of the fair cash value of the apparatus de-
stroyed, and also of the materials remaining after such destruction, and a
statement that, from facts within their own knowledge, they have no doubt
whatever that said distilling apparatus was set up for use, or had been
used in the unlawful distillation of spirits, and that it was impracticable
to remove the same to a place of safe storage.

In case of seizure of any quantity of mash, or of alcoholic bever-
ages on which the tax imposed by the laws of Congress has not been paid,
for any offense involving forfeiture of the same, the seizing officer is
authorized to destroy the same to prevent the use thereof or any part
thereof for the purpose of unlawful distillation of spirits or any other
violation of the provisions of this chapter. Such destruction shall be in the
presence of at least one credible witness, and such witness shall unite with
the said officer in a duly sworn report of said seizure and destruction, to be
made to the Board, in which report they shall set forth the grounds of the
claim of forfeiture, the reasons for seizure and destruction, and a statement
that, from facts within their own knowledge, they have no doubt whatever
that said mash was intended for use in the unlawful distillation of spirits,
or that said alcoholic beverages were intended for use in violation of one
or more of the provisions of this chapter.

(b) Upon the return of the warrant as provided in this section, the
trial justice, court or judge 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 such 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 chapter.

At such hearing if no claimant shall appear, the trial justice, court or
judge shall declare the articles seized forfeited to the Commonwealth, and,
if such articles be not necessary as evidence in any pending prosecution,
shall turn the same over to the Board as herein required. 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 trial justice, he shall
forthwith certify the warrant and the articles seized along with the claim
filed therein to the circuit, corporation or hustings court having jurisdic-
tion, 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 articles 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 provision of this chapter.

(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 stat-
ing that such institution has need for such alcoholic beverages, and 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 the Commissioner and
in the office of the Board.