76 FOOD LEGISLATION, YEAR ENDED JUNE 30, 1908. 



hundred dollars and costs of prosecution, or imprisonment in the county or 

 city jail not to exceed ninety days, or until such fine or costs are paid, or both 

 fine and imprisonment, at the discretion of the court. 



SEC. 7. Seizures, sampling, and analysis; prosecution. The dairy and food 

 commissioner, his deputy, or any person by said commissioner duly appointed 

 for that purpose, is authorized at all times to seize and take possession of any 

 and all food and dairy products, substitutes therefor, or imitation thereof kept 

 for sale, exposed for sale, or held in possession or under the control of any 

 person which in the opinion of said commissioner, or his deputy, or such per- 

 son by him duly appointed, shall be contrary to the provisions of this act or 

 other laws which now exist or which may be hereafter enacted. 



First. The person so making such seizure, as aforesaid, shall take from such" 

 goods as seized a sample for the purpose of analysis and shall cause the re- 

 mainder to be boxed and sealed and shall leave the same in the possession of 

 the person from whom they were seized, subject to such disposition as shall 

 hereafter be made thereof according to the provisions of this act. 



Second. The person so making such seizure shall forward the sample so taken 

 to the dairy and food commissioner who shall turn over the same to the State 

 chemist and the said chemist shall certify the results of such analysis, which 

 certificate shall be prinia facie evidence of the fact or facts therein certified 

 to, in any court where the same may be offered in evidence. 



Third. If upon such analysis it shall appear rhat said food or dairy products 

 are adulterated, substituted, mis-branded, or imitated within the meaning of 

 this act, said commissioner, or his deputy, or any person by him duly author- 

 ized may make complaint before any justice of the peace or police justice having 

 jurisdiction in the city, village or magisterial district, where such goods were 

 seized, and thereupon said justice of the peace shall issue his summons to the 

 person from whom said goods were seized, directing him to appear not less 

 than six or more than twelve days from the date of issuing of said summons 

 and show cause why said goods should not be condemned and disposed of. 

 If the said person from whom said goods were seized cannot be found, the 

 said summons shall be served upon the person then in possession of the goods. 

 The said summons shall be served at least six days before the time of appear- 

 ance mentioned therein. If the person from whom said goods were seized can- 

 not be found, and no one can be found in possession of said goods, and the 

 defendants shall not appear on the return day, then said justice of the peace shall 

 proceed in said cause in the same manner provided by law where a writ of 

 attachment is returned not personally served upon any of the defendants and 

 none of the defendants shall appear upon the return day. 



Fourth. Unless cause to the contrary thereof is shown, or if said goods shall 

 be found upon trial to be in violation of any of the provisions of this act or 

 other laws which now exist or which may be hereafter enacted, it shall be the 

 duty of said justice of the peace or police justice to render judgment that said 

 seized property be forfeited to the State of Virginia, and that the said goods 

 be destroyed or sold by the said commissioner for any purpose other than to be 

 used for food. The mode of procedure before said justice shall be the same 

 as near as may be hi civil proceedings before justices of the peace. Either party 

 may appeal to the circuit or corporation courts as appeals are taken from the 

 justices' courts, but it shall not be necessary for the Commonwealth to give 

 any appeal bond. 



Fifth. The proceeds arising from any such sale shall be paid into the State 

 treasury and credited to the general fund; provided, that if the owner or 

 party claiming the property or goods so declared forfeited can produce and 



