United States v. Pierson

NETERER, District Judge.

By expressed provision of section 26, tit. 2, National Prohibition Act (27 USCA § 40), the transporting vehicle must be seized by officers making the arrest. Separate proceeding to forfeit is not required. Every office of a separate forfeiture proceeding is provided by section 26, supra, and the vehicle being in custodia legis, the court shall, unless good cause be shown, sell the same. The statute gives a new power, a power to divest title of the offending thing from the owner, and the statute provides the means of enforcing such power. Franklin Glass Co. v. White, 14…