Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 272
Search warrant
General Business (GBS) CHAPTER 20, ARTICLE 17
§ 272. Search warrant. If at the time of the issue of the summons in a
court not of record, the plaintiff or his agent make affidavit that he
has reason to believe and does believe that any defendant has any such
can or cans secreted upon his premises, the justice or other magistrate
or court issuing the summons must, without requiring an undertaking,
grant an order for the arrest of the defendant, which order shall also
contain a direction to the officer to whom the same is issued, to
immediately search the place or premises mentioned in said affidavit,
and if any such can or cans are there found, to bring the same together
with the defendant or other persons in whose possession said can or cans
are found, before such justice, magistrate or court. The proceedings may
be amended at any time by adding parties or otherwise as justice may
require; and the judgment may provide for the disposition of the can or
cans so found.

If upon the issue of any such process, the constable, or other
officer, shall be unable to find the person or persons therein named,
but shall find any can or cans, as therein set forth, he shall bring
such can or cans before such justice or magistrate, who shall thereupon
proceed to determine the right of such complainant thereto, and if upon
such hearing had thereon he shall be satisfied that such can or cans
rightfully belong to such complainant, or that he is entitled to the
possession thereof, he shall forthwith deliver the same into his
possession or the possession of his agent.