State Codes and Statutes

Statutes > Missouri > T26 > C417 > 417_330

Search warrants--prosecution.

417.330. Whenever any person who has filed for record anysuch name, mark or device, or who has acquired from such personin writing the ownership of such name, mark or device, or theright to the exclusive use thereof, shall make oath before anyjudge of the circuit court that he has reason to believe and doesbelieve that any receptacle bearing such name, mark or device isbeing unlawfully used or filled or had in possession by any otherperson, such judge shall thereupon issue a search warrant todiscover and obtain such receptacle, and may also cause theperson in whose possession such receptacle shall be found to bebrought before him and shall then inquire into the circumstancesof such possession, and if it shall be found that such person isguilty of violation of sections 417.300 to 417.360 he shall bepunished in the manner herein prescribed, and the possession ofthe property taken upon such warrant shall be awarded to theowner thereof, but the remedy provided by this section shall notbe held to be exclusive, and offenders against any provision ofsections 417.300 to 417.360 may be prosecuted as in case of othermisdemeanors.

(RSMo 1939 § 14091, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12452; 1919 § 12023

Effective 1-2-79

State Codes and Statutes

Statutes > Missouri > T26 > C417 > 417_330

Search warrants--prosecution.

417.330. Whenever any person who has filed for record anysuch name, mark or device, or who has acquired from such personin writing the ownership of such name, mark or device, or theright to the exclusive use thereof, shall make oath before anyjudge of the circuit court that he has reason to believe and doesbelieve that any receptacle bearing such name, mark or device isbeing unlawfully used or filled or had in possession by any otherperson, such judge shall thereupon issue a search warrant todiscover and obtain such receptacle, and may also cause theperson in whose possession such receptacle shall be found to bebrought before him and shall then inquire into the circumstancesof such possession, and if it shall be found that such person isguilty of violation of sections 417.300 to 417.360 he shall bepunished in the manner herein prescribed, and the possession ofthe property taken upon such warrant shall be awarded to theowner thereof, but the remedy provided by this section shall notbe held to be exclusive, and offenders against any provision ofsections 417.300 to 417.360 may be prosecuted as in case of othermisdemeanors.

(RSMo 1939 § 14091, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12452; 1919 § 12023

Effective 1-2-79


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T26 > C417 > 417_330

Search warrants--prosecution.

417.330. Whenever any person who has filed for record anysuch name, mark or device, or who has acquired from such personin writing the ownership of such name, mark or device, or theright to the exclusive use thereof, shall make oath before anyjudge of the circuit court that he has reason to believe and doesbelieve that any receptacle bearing such name, mark or device isbeing unlawfully used or filled or had in possession by any otherperson, such judge shall thereupon issue a search warrant todiscover and obtain such receptacle, and may also cause theperson in whose possession such receptacle shall be found to bebrought before him and shall then inquire into the circumstancesof such possession, and if it shall be found that such person isguilty of violation of sections 417.300 to 417.360 he shall bepunished in the manner herein prescribed, and the possession ofthe property taken upon such warrant shall be awarded to theowner thereof, but the remedy provided by this section shall notbe held to be exclusive, and offenders against any provision ofsections 417.300 to 417.360 may be prosecuted as in case of othermisdemeanors.

(RSMo 1939 § 14091, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12452; 1919 § 12023

Effective 1-2-79