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342 Wrecked or Derelict Goods, Abandoned Motor Vehicles - Confiscated Property and Contraband – Personal Property
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342 Wrecked or Derelict Goods, Abandoned Motor Vehicles - Confiscated Property and Contraband – Personal Property
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397 <br /> the property seized, after which the cause shall proceed <br /> as in other common law cases ; except if any claimant shall <br /> prove to the, satisfaction of the Court that he did not know <br /> or have any reason to believe , at the time of his right , <br /> title , interest or lien arose , that the property was <br /> being used for , or in connection with, the violation of any <br /> of the statutes or laws of this State or City making such <br /> property subject to such forfeiture , and further , that at <br /> such time there was no reasonable reason to believe that <br /> 00 <br /> gam. such property might be used for such purpose , then such <br /> property may not be forfeited. Where the owner of the property <br /> W <br /> has been convicted of the violation of a statute or laws <br /> of the State or City which provide for the seizure and for- <br /> feiture of property, such conviction shall be prima facie <br /> evidence that each claimant had reason to believe that the <br /> property might be used for, or in connection with a violation <br /> of, such statutes and laws, and it shall be incumbent upon such <br /> claimant to satisfy the Court that he was without knowledge <br /> of such conviction. <br /> Section 11 . JUDGMENT OF FORFEITURE. On final hearing , <br /> the report of the police to the County Court Judge shall be <br /> taken as prima facie evidence that the property seized was, or <br /> had been, used in, or in connection with, the violation of the <br /> statutes and laws of this State or City subjecting the property <br /> involved to forfeiture and sale , and shall be sufficient predicate <br /> for a judgment of foreclosure in the absence of other proofs <br /> into evidence . The burden shall be upon the claimants to show <br /> that the property was not so used, or if so used, that they <br /> had no knowledge of such violation and no reason to believe <br /> that the seized property was or would be used for the violation <br /> of such statutes and laws . Where such properties are encumbered <br /> by lien or retained title agreement under circumstances wherein <br /> the lienholder had no knowledge that the property was or would be <br /> 'used, 'in' violating such statutes and laws, and no reasonable <br /> reason to believe that it might be so used, then the Court may <br /> __0• 11. 1238 PG 01466 <br />
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