§ 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 property seized 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 a lien thereon, may appear at any time before final judgment of the trial court, and be made a party defendant to the information so filed. Such appearance shall be by answer, under oath, in which shall be clearly set forth 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, and if 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 which he may have to show against the forfeiture of the property.
C. If the claimant denies that illegally acquired alcoholic beverages or alcoholic beverages being illegally transported in amounts in excess of one quart or one liter if in a metric-sized container, were in such conveyance or vehicle at the time of the seizure, and demands a trial by jury, the court shall, under proper instructions, submit the same to a jury of five, to be selected and empanelled as prescribed by law. If the jury finds in favor of the claimant, or if the court trying such issue without a jury so finds, the judgment of the court shall be to entirely relieve the property from forfeiture, 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.)
Sections: Previous 4.1-334 4.1-335 4.1-336 4.1-337 4.1-338 4.1-339 4.1-340 4.1-341 4.1-342 4.1-343 4.1-344 4.1-345 4.1-346 4.1-347 4.1-348 NextLast modified: April 16, 2009