ART. 39] FINES——PENALTIES——FORFEITURES. 1027
1904, art. 39, sec. 65. 1888, art. 39, sec. 66. 1860, art. 41, sec. 29. 1843, ch. 275,
sec. 4. 1854, ch. 172, sec. 4. 1854, ch. 310, sec. 2.
65. All forfeitures of property incurred under this article, unless
otherwise specially provided, may be enforced in this way: The sheriff
or constable shall, on complaint made to him, seize the property alleged
to be so forfeited and give notice to the owner thereof, if the owner
can be found, to appear before a justice of the peace of the county
where the seizure is made, on a certain day within five days from the
time of seizure to show cause why the property so seized should not
be condemned, and if the owner of the property so seized evades the
service of said notice then the sheriff or constable may set up notices
at three of the most public places in the neighborhood of the seizure,
warning the owner of such property to appear before a justice of the
peace to be therein named on a certain day not less than ten days
from the time of seizure to show cause why the said property should
not be condemned.
Ibid. sec. 66. 1888, art. 39, sec. 67. 1860, art. 41, sec. 30. 1841, ch. 143.
1843, ch. 142, sec. 2. 1845, ch. 148, sec. 4. 1854, ch. 172, sec. 2.
66. If upon the hearing in any case of seizure as aforesaid the
justice is satisfied that the owner or person having charge of the prop-
erty so seized is guilty of violating any of the provisions of this article
which impose a forfeiture of such property for such violation, then
such justice shall adjudge the same to be condemned and sold by the
sheriff or constable seizing the same (or if he be dead or removed away
by some other officer) on ten days' public notice, and the justice may
proceed ex parte to hear and determine any question of forfeiture if the
owner fails to appear after the notice herein required to be given.
Ibid. sec. 67. 1888, art. 39, sec. 68. 1860, art. 41, sec. 31. 1820, ch. 199,
sec. 4. 1841, ch. 326, sec. 5.
67. If the sheriff or constable making a seizure of property under
this article does not know the name of the owner or person having
charge thereof he may describe him in the notice he is required to give,
as the owner of the property, without naming him, and the justice if
he does not know the name of the owner may condemn the property
as the property of a person guilty of violating the law without naming
such person.
Ibid. sec. 68. 1888, art. 39, sec. 69. 1860, art. 41, sec. 32. 1779, ch. 6.
1845, ch. 148, sec. 1.
68. The proceeds of the sale of any property forfeited as aforesaid
shall, after paying the expenses of the seizure, condemnation and sale,
be divided, one-half to the sheriff or constable making the seizure and
the other half to the informer.
Ibid. sec. 69. 1888, art. 39, sec. 70. 1860, art. 41, sec. 33. 1800, ch. 21.
1810, ch. 36. 1819, ch. 175. 1826, ch. 96. 1841, ch. 13, sec. 3.
1852, ch. 125, sec. 1.
69. All fines imposed under this article shall go one-half to the
informer and the other half to the county where the fine is imposed.
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