Forfeiture of vehicles and boats illegally transporting or delivering gasoline.
All conveyances, boats and other vehicles of transportation and all tanks and other equipment used in connection therewith employed in the illegal transportation or delivery of gasoline in this state shall be contraband, and shall be forfeited to the State of Alabama and shall be seized by any sheriff, or other arresting officer, or any other person acting under authority of law who becomes cognizant of the facts and who finds gasoline being illegally transported or delivered as aforesaid in such conveyance, boat or other vehicle. Such officer or person shall report the seizure and the facts connected therewith to the district attorney of the county where seizure is made. It shall be the duty of such officer of the county to at once institute or cause to be instituted condemnation proceedings in the circuit court by a complaint in the name of the state against the property seized, describing the same, or against the person or persons in possession of said vehicles or other property, if known, to obtain a judgment enforcing the forfeiture. No replevin or detinue writ may be employed to retake possession of such seized property pending the forfeiture action, but any party claiming a superior right may intervene by petition in said action and have his claim adjudicated. The judge presiding in said circuit court, or any division thereof, may superintend and make all proper orders and orders of publication of notice to be published to all parties claiming the said property or any part thereof to come in and assert their rights thereto. The said court shall have authority to frame all orders of procedure so as to regulate the proceedings that persons may have an opportunity to come in and propound their claims to any of the property sought to be condemned. Whenever any of the property herein specified is seized by an officer of the state, the defendant in the proceedings, or the claimant of the property, shall have the right to execute a bond in double the value of such property, or any item thereof, with good and sufficient surety to be approved by the sheriff or clerk or register of the circuit court, and conditioned in the event the said property is condemned to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation and to pay any difference between the value of said property at the time of the seizure and the time of the delivery to the sheriff after condemnation, such difference in value to be determined by the trial court upon motion of any party to said action. Upon the execution of such bond, the sheriff shall deliver said property to the defendant or claimant executing the same. Upon the failure of the defendant or claimant to deliver the property condemned within 15 days after judgment of condemnation, the bond shall be returned forfeitured to the clerk or register of the circuit court, and execution may issue thereon against the principal and his sureties for the amount of the value of such property; or, in case of the return of the property to the sheriff and the failure to pay the difference in value as above set forth, execution may issue against the principal and his sureties for such difference in value. Any sheriff or other officer who seizes or comes into possession of such property illegally used for the transportation or delivery of gasoline who does not know, or cannot ascertain, the possessor or owner thereof, shall advertise and sell the same according to the rules for selling personal property under execution, and both the court in condemnation proceedings and the said officer on advertisement shall sell the right of all interested persons in and to said conveyance, vehicles, boats, and other property who participated, aided or assisted in the illegal transportation or delivery, or who had knowledge or notice thereof or could by reasonable diligence have obtained knowledge or notice thereof. The proceeds of the sale of any such property forfeited to the state shall, after paying all expenses in the action and of advertisement, as the case may be, including the costs of seizure and of keeping the property pending the proceedings, be applied as follows: one fourth to the officer making the seizure and furnishing the proof, and the remainder of the proceeds shall be paid into the Treasury, to the credit of the State Public Road and Bridge Fund. Upon the sale of any property employed in the illegal transportation or selling of gasoline, all of the gasoline contained in such conveyances, boats, and other vehicles shall also be sold, the purchaser to pay the tax at the time of sale. Any proceeding hereunder shall be barred unless instituted within two years from the date of the commission of the illegal act on which said proceeding is based and which renders liable any of said property to forfeiture and sale as herein provided.
(Acts 1932, Ex. Sess., No. 55, p. 57, §13; Code 1940, T. 51, §678.)
Forfeiture of vehicles and boats illegally transporting or delivering gasoline.
All conveyances, boats and other vehicles of transportation and all tanks and other equipment used in connection therewith employed in the illegal transportation or delivery of gasoline in this state shall be contraband, and shall be forfeited to the State of Alabama and shall be seized by any sheriff, or other arresting officer, or any other person acting under authority of law who becomes cognizant of the facts and who finds gasoline being illegally transported or delivered as aforesaid in such conveyance, boat or other vehicle. Such officer or person shall report the seizure and the facts connected therewith to the district attorney of the county where seizure is made. It shall be the duty of such officer of the county to at once institute or cause to be instituted condemnation proceedings in the circuit court by a complaint in the name of the state against the property seized, describing the same, or against the person or persons in possession of said vehicles or other property, if known, to obtain a judgment enforcing the forfeiture. No replevin or detinue writ may be employed to retake possession of such seized property pending the forfeiture action, but any party claiming a superior right may intervene by petition in said action and have his claim adjudicated. The judge presiding in said circuit court, or any division thereof, may superintend and make all proper orders and orders of publication of notice to be published to all parties claiming the said property or any part thereof to come in and assert their rights thereto. The said court shall have authority to frame all orders of procedure so as to regulate the proceedings that persons may have an opportunity to come in and propound their claims to any of the property sought to be condemned. Whenever any of the property herein specified is seized by an officer of the state, the defendant in the proceedings, or the claimant of the property, shall have the right to execute a bond in double the value of such property, or any item thereof, with good and sufficient surety to be approved by the sheriff or clerk or register of the circuit court, and conditioned in the event the said property is condemned to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation and to pay any difference between the value of said property at the time of the seizure and the time of the delivery to the sheriff after condemnation, such difference in value to be determined by the trial court upon motion of any party to said action. Upon the execution of such bond, the sheriff shall deliver said property to the defendant or claimant executing the same. Upon the failure of the defendant or claimant to deliver the property condemned within 15 days after judgment of condemnation, the bond shall be returned forfeitured to the clerk or register of the circuit court, and execution may issue thereon against the principal and his sureties for the amount of the value of such property; or, in case of the return of the property to the sheriff and the failure to pay the difference in value as above set forth, execution may issue against the principal and his sureties for such difference in value. Any sheriff or other officer who seizes or comes into possession of such property illegally used for the transportation or delivery of gasoline who does not know, or cannot ascertain, the possessor or owner thereof, shall advertise and sell the same according to the rules for selling personal property under execution, and both the court in condemnation proceedings and the said officer on advertisement shall sell the right of all interested persons in and to said conveyance, vehicles, boats, and other property who participated, aided or assisted in the illegal transportation or delivery, or who had knowledge or notice thereof or could by reasonable diligence have obtained knowledge or notice thereof. The proceeds of the sale of any such property forfeited to the state shall, after paying all expenses in the action and of advertisement, as the case may be, including the costs of seizure and of keeping the property pending the proceedings, be applied as follows: one fourth to the officer making the seizure and furnishing the proof, and the remainder of the proceeds shall be paid into the Treasury, to the credit of the State Public Road and Bridge Fund. Upon the sale of any property employed in the illegal transportation or selling of gasoline, all of the gasoline contained in such conveyances, boats, and other vehicles shall also be sold, the purchaser to pay the tax at the time of sale. Any proceeding hereunder shall be barred unless instituted within two years from the date of the commission of the illegal act on which said proceeding is based and which renders liable any of said property to forfeiture and sale as herein provided.
(Acts 1932, Ex. Sess., No. 55, p. 57, §13; Code 1940, T. 51, §678.)
Forfeiture of vehicles and boats illegally transporting or delivering gasoline.
All conveyances, boats and other vehicles of transportation and all tanks and other equipment used in connection therewith employed in the illegal transportation or delivery of gasoline in this state shall be contraband, and shall be forfeited to the State of Alabama and shall be seized by any sheriff, or other arresting officer, or any other person acting under authority of law who becomes cognizant of the facts and who finds gasoline being illegally transported or delivered as aforesaid in such conveyance, boat or other vehicle. Such officer or person shall report the seizure and the facts connected therewith to the district attorney of the county where seizure is made. It shall be the duty of such officer of the county to at once institute or cause to be instituted condemnation proceedings in the circuit court by a complaint in the name of the state against the property seized, describing the same, or against the person or persons in possession of said vehicles or other property, if known, to obtain a judgment enforcing the forfeiture. No replevin or detinue writ may be employed to retake possession of such seized property pending the forfeiture action, but any party claiming a superior right may intervene by petition in said action and have his claim adjudicated. The judge presiding in said circuit court, or any division thereof, may superintend and make all proper orders and orders of publication of notice to be published to all parties claiming the said property or any part thereof to come in and assert their rights thereto. The said court shall have authority to frame all orders of procedure so as to regulate the proceedings that persons may have an opportunity to come in and propound their claims to any of the property sought to be condemned. Whenever any of the property herein specified is seized by an officer of the state, the defendant in the proceedings, or the claimant of the property, shall have the right to execute a bond in double the value of such property, or any item thereof, with good and sufficient surety to be approved by the sheriff or clerk or register of the circuit court, and conditioned in the event the said property is condemned to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation and to pay any difference between the value of said property at the time of the seizure and the time of the delivery to the sheriff after condemnation, such difference in value to be determined by the trial court upon motion of any party to said action. Upon the execution of such bond, the sheriff shall deliver said property to the defendant or claimant executing the same. Upon the failure of the defendant or claimant to deliver the property condemned within 15 days after judgment of condemnation, the bond shall be returned forfeitured to the clerk or register of the circuit court, and execution may issue thereon against the principal and his sureties for the amount of the value of such property; or, in case of the return of the property to the sheriff and the failure to pay the difference in value as above set forth, execution may issue against the principal and his sureties for such difference in value. Any sheriff or other officer who seizes or comes into possession of such property illegally used for the transportation or delivery of gasoline who does not know, or cannot ascertain, the possessor or owner thereof, shall advertise and sell the same according to the rules for selling personal property under execution, and both the court in condemnation proceedings and the said officer on advertisement shall sell the right of all interested persons in and to said conveyance, vehicles, boats, and other property who participated, aided or assisted in the illegal transportation or delivery, or who had knowledge or notice thereof or could by reasonable diligence have obtained knowledge or notice thereof. The proceeds of the sale of any such property forfeited to the state shall, after paying all expenses in the action and of advertisement, as the case may be, including the costs of seizure and of keeping the property pending the proceedings, be applied as follows: one fourth to the officer making the seizure and furnishing the proof, and the remainder of the proceeds shall be paid into the Treasury, to the credit of the State Public Road and Bridge Fund. Upon the sale of any property employed in the illegal transportation or selling of gasoline, all of the gasoline contained in such conveyances, boats, and other vehicles shall also be sold, the purchaser to pay the tax at the time of sale. Any proceeding hereunder shall be barred unless instituted within two years from the date of the commission of the illegal act on which said proceeding is based and which renders liable any of said property to forfeiture and sale as herein provided.
(Acts 1932, Ex. Sess., No. 55, p. 57, §13; Code 1940, T. 51, §678.)
