State Codes and Statutes
Statutes > Missouri > T20 > C311 > 311_850Action to replevin seized liquor, limitations,procedure--damages--appeals--sale of seized liquor--duties ofprosecuting officials.
311.850. 1. Whenever any intoxicating liquor or otherproperty of the value of fifty dollars or less is seized ascontraband under any provision of the liquor control law by anyofficer, he shall give to the person from whom it is seized areceipt for said property. Any person claiming title to saidproperty as owner or otherwise may at any time within sixty daysof such seizure file a suit in replevin against the officerseizing said property. Said suit shall be heard by the courtwithout a jury and conducted as any other suit in replevin isconducted except as otherwise provided in this chapter, but ifthe court shall adjudge the return of the property to thedefendant or to some third party, the officer making the seizureshall not be liable for any costs or damages, unless the courtshall find that said seizure was made maliciously and that saidofficer did not have probable cause to believe said property wascontraband. If the court shall find that said seized property iscontraband, he shall order it turned over to the supervisor ofliquor control to be sold by him and the proceeds to be paid intothe general revenue fund of the state.
2. Appeals shall be allowed from the judgment of the courtas in other civil actions.
3. If no suit is filed within sixty days after the seizureof such property, the officer seizing said property shall turn itover to the supervisor of liquor control to be sold by him andthe proceeds of the sale shall be paid into the general revenuefund of the state of Missouri. Whenever any liquor is sold byany officer which does not bear proper stamps of the director ofrevenue upon the containers, he shall, before selling it, obtainthe proper excise stamps from the director of revenue and affixthem to the containers of such liquor, and the cost thereof shallbe returned to the officer out of the proceeds of the sale.
4. The supervisor of liquor control and his agents and anyother officer authorized to make seizures of contraband propertyunder the liquor control act are each hereby authorized andempowered to call upon the prosecuting attorneys of therespective counties and the circuit attorney of the city of St.Louis and the attorney general of the state of Missouri torepresent them in any proceeding hereunder, and thereafter itshall be the duty of such prosecuting or circuit attorney or theattorney general to proceed on behalf of the officer making suchcall according to the provisions of this chapter.
(L. 1949 p. 320 § 4917a)
