{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-98.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-98.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-98.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-98.html"}],"law_id":74878,"edition_id":1,"section_id":74878,"structure_id":15628,"section_number":"59.1-98","catch_line":"Procedure when violation charged; awarding possession of property to owner","history":"Code 1950, \u00a7 59-195; 1958, c. 579; 1968, c. 439; 2008, cc. 551, 691.","full_text":"Whenever any person mentioned in \u00a7 59.1-94 or his agent shall make oath before any magistrate, or other officer empowered to issue criminal warrants, that he has reason to believe, and does believe, that within the city, town or county served by such magistrate or other officer, any of his bottles, boxes, siphons, siphon heads, crates, tins, kegs, or clean laundered or soiled articles mentioned in this chapter a description of the names, marks or devices whereon has been filed and published as aforesaid, are being unlawfully used or filled or had, by any person manufacturing or selling soda, mineral or aerated waters, cider, ginger ale, milk, cream, soft drinks or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, or that any junk dealer or dealer in secondhand articles, vendor of bottles, or any other person has any such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter in his possession or secreted in any place, the magistrate or other officer, before whom such oath is made must thereupon issue a search warrant to discover and obtain the same, and may also issue his warrant stating the offense charged, and cause to be brought before any general district court having jurisdiction the person in whose possession such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter may be found, and shall then inquire into the circumstances of such possession and if such general district court finds such person has been guilty of a violation of \u00a7 59.1-96, it must impose the punishment therein prescribed, and it shall award possession of the property taken upon such warrant to the owner thereof.","order_by":null,"text":{"0":{"id":269021,"text":"Whenever any person mentioned in \u00a7 59.1-94 or his agent shall make oath before any magistrate, or other officer empowered to issue criminal warrants, that he has reason to believe, and does believe, that within the city, town or county served by such magistrate or other officer, any of his bottles, boxes, siphons, siphon heads, crates, tins, kegs, or clean laundered or soiled articles mentioned in this chapter a description of the names, marks or devices whereon has been filed and published as aforesaid, are being unlawfully used or filled or had, by any person manufacturing or selling soda, mineral or aerated waters, cider, ginger ale, milk, cream, soft drinks or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, or that any junk dealer or dealer in secondhand articles, vendor of bottles, or any other person has any such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter in his possession or secreted in any place, the magistrate or other officer, before whom such oath is made must thereupon issue a search warrant to discover and obtain the same, and may also issue his warrant stating the offense charged, and cause to be brought before any general district court having jurisdiction the person in whose possession such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter may be found, and shall then inquire into the circumstances of such possession and if such general district court finds such person has been guilty of a violation of \u00a7 59.1-96, it must impose the punishment therein prescribed, and it shall award possession of the property taken upon such warrant to the owner thereof.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15628,"edition_id":1,"name":"Names, Marks and Devices on Certain Containers and Other Articles","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:57:04","date_modified":"2026-06-26 03:57:04","permalink":{"id":263013,"object_type":"structure","relational_id":15628,"identifier":"7","token":"59.1\/7","url":"\/59.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60302,"structure_id":15628,"section_number":"59.1-100","catch_line":"Trial on appeal","url":"\/59.1-100\/","token":"59.1\/7\/59.1-100","metadata":false},{"id":82376,"structure_id":15628,"section_number":"59.1-101","catch_line":"Requiring or accepting deposit upon property not deemed a sale thereof","url":"\/59.1-101\/","token":"59.1\/7\/59.1-101","metadata":false},{"id":85779,"structure_id":15628,"section_number":"59.1-102","catch_line":"Records; previous filing and publishing of names, marks, etc","url":"\/59.1-102\/","token":"59.1\/7\/59.1-102","metadata":false},{"id":73521,"structure_id":15628,"section_number":"59.1-93","catch_line":"\"Person\" defined","url":"\/59.1-93\/","token":"59.1\/7\/59.1-93","metadata":false},{"id":67149,"structure_id":15628,"section_number":"59.1-94","catch_line":"Filing and publication of description of names, marks or devices","url":"\/59.1-94\/","token":"59.1\/7\/59.1-94","metadata":false},{"id":80609,"structure_id":15628,"section_number":"59.1-95","catch_line":"Certified copy as evidence; fees of the State Corporation Commission","url":"\/59.1-95\/","token":"59.1\/7\/59.1-95","metadata":false},{"id":79953,"structure_id":15628,"section_number":"59.1-95.1","catch_line":"Fees to cover expense of regulation","url":"\/59.1-95.1\/","token":"59.1\/7\/59.1-95.1","metadata":false},{"id":80958,"structure_id":15628,"section_number":"59.1-96","catch_line":"Offenses and punishments","url":"\/59.1-96\/","token":"59.1\/7\/59.1-96","metadata":false},{"id":59681,"structure_id":15628,"section_number":"59.1-97","catch_line":"Presumptive evidence of unlawful use and trafficking in marked containers and other articles","url":"\/59.1-97\/","token":"59.1\/7\/59.1-97","metadata":false},{"id":74878,"structure_id":15628,"section_number":"59.1-98","catch_line":"Procedure when violation charged; awarding possession of property to owner","url":"\/59.1-98\/","token":"59.1\/7\/59.1-98","metadata":false},{"id":62020,"structure_id":15628,"section_number":"59.1-99","catch_line":"Right of appeal; commitment to jail; return and filing of papers","url":"\/59.1-99\/","token":"59.1\/7\/59.1-99","metadata":false}],"previous_section":{"id":59681,"structure_id":15628,"section_number":"59.1-97","catch_line":"Presumptive evidence of unlawful use and trafficking in marked containers and other articles","url":"\/59.1-97\/","token":"59.1\/7\/59.1-97","metadata":false},"next_section":{"id":62020,"structure_id":15628,"section_number":"59.1-99","catch_line":"Right of appeal; commitment to jail; return and filing of papers","url":"\/59.1-99\/","token":"59.1\/7\/59.1-99","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-98\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 579; in 1968, chapter 439; in 2008, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0551\">551<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0691\">691<\/a>.<\/p>","references":[{"id":62020,"section_number":"59.1-99","catch_line":"Right of appeal; commitment to jail; return and filing of papers","order_by":null,"url":"\/59.1-99\/"}],"refers_to":[{"id":67149,"section_number":"59.1-94","catch_line":"Filing and publication of description of names, marks or devices","order_by":null,"url":"\/59.1-94\/"},{"id":80958,"section_number":"59.1-96","catch_line":"Offenses and punishments","order_by":null,"url":"\/59.1-96\/"}],"permalink":{"id":263051,"object_type":"law","relational_id":74878,"identifier":"59.1-98","token":"59.1\/7\/59.1-98","url":"\/59.1-98\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-98\/","token":"59.1\/7\/59.1-98","dublin_core":{"Title":"Procedure when violation charged; awarding possession of property to owner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-98","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever any person mentioned in \u00a7&nbsp;<a class=\"law\" title=\"Filing and publication of description of names, marks or devices\" href=\"\/59.1-94\/\">59.1-94<\/a> or his agent shall make <span class=\"dictionary\">oath<\/span> before any <span class=\"dictionary\">magistrate<\/span>, or other officer empowered to <span class=\"dictionary\">issue<\/span> criminal warrants, that he has reason to believe, and does believe, that within the city, town or county served by such <span class=\"dictionary\">magistrate<\/span> or other officer, any of his bottles, boxes, siphons, siphon heads, crates, tins, kegs, or clean laundered or soiled articles mentioned in this chapter a description of the names, marks or devices whereon has been filed and published as aforesaid, are being unlawfully used or filled or had, by any person manufacturing or selling soda, mineral or aerated waters, cider, ginger ale, milk, cream, soft drinks or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, or that any junk dealer or dealer in secondhand articles, vendor of bottles, or any other person has any such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter in his <span class=\"dictionary\">possession<\/span> or secreted in any place, the <span class=\"dictionary\">magistrate<\/span> or other officer, before whom such <span class=\"dictionary\">oath<\/span> is made must thereupon <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">search warrant<\/span> to discover and obtain the same, and may also <span class=\"dictionary\">issue<\/span> his warrant stating the <span class=\"dictionary\">offense<\/span> charged, and cause to be brought before any general district <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> the person in whose <span class=\"dictionary\">possession<\/span> such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean laundered or soiled articles mentioned in this chapter may be found, and shall then inquire into the circumstances of such <span class=\"dictionary\">possession<\/span> and if such general district <span class=\"dictionary\">court<\/span> finds such person has been guilty of a violation of \u00a7&nbsp;<a class=\"law\" title=\"Offenses and punishments\" href=\"\/59.1-96\/\">59.1-96<\/a>, it must impose the punishment therein prescribed, and it shall award <span class=\"dictionary\">possession<\/span> of the property taken upon such warrant to the owner thereof.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE WHEN VIOLATION CHARGED; AWARDING POSSESSION OF PROPERTY TO OWNER (\u00a7\n59.1-98)\n\nWhenever any person mentioned in \u00a7 59.1-94 or his agent shall make oath before\nany magistrate, or other officer empowered to issue criminal warrants, that he\nhas reason to believe, and does believe, that within the city, town or county\nserved by such magistrate or other officer, any of his bottles, boxes, siphons,\nsiphon heads, crates, tins, kegs, or clean laundered or soiled articles\nmentioned in this chapter a description of the names, marks or devices whereon\nhas been filed and published as aforesaid, are being unlawfully used or filled\nor had, by any person manufacturing or selling soda, mineral or aerated waters,\ncider, ginger ale, milk, cream, soft drinks or other beverages or medicines,\nmedical preparations, perfumery, oils, compounds or mixtures, or that any junk\ndealer or dealer in secondhand articles, vendor of bottles, or any other person\nhas any such bottles, boxes, siphons, siphon heads, crates, tins, kegs or clean\nlaundered or soiled articles mentioned in this chapter in his possession or\nsecreted in any place, the magistrate or other officer, before whom such oath is\nmade must thereupon issue a search warrant to discover and obtain the same, and\nmay also issue his warrant stating the offense charged, and cause to be brought\nbefore any general district court having jurisdiction the person in whose\npossession such bottles, boxes, siphons, siphon heads, crates, tins, kegs or\nclean laundered or soiled articles mentioned in this chapter may be found, and\nshall then inquire into the circumstances of such possession and if such general\ndistrict court finds such person has been guilty of a violation of \u00a7 59.1-96,\nit must impose the punishment therein prescribed, and it shall award possession\nof the property taken upon such warrant to the owner thereof.\n\nHISTORY: Code 1950, \u00a7 59-195; 1958, c. 579; 1968, c. 439; 2008, cc. 551, 691.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}