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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74878</law_id><section_number>59.1-98</section_number><catch_line>Procedure when violation charged; awarding possession of property to owner</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>59.1-99</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="59.1">Trade and Commerce</unit><unit label="chapter" level="2" order_by="1" identifier="7">Names, Marks and Devices on Certain Containers and Other Articles</unit></structure><text>
						<section><p>Whenever any person mentioned in &#xA7;&#xA0;<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 &#xA7;&#xA0;<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></text><history>Code 1950, &#xA7; 59-195; 1958, c. 579; 1968, c. 439; 2008, cc. 551, 691.</history><metadata></metadata></law>
