
    
      In re: Seizure of Motor Boat “Katie L.”
    
    Division B.
    Opinion Filed November 16, 1925.
    In proceedings to forfeit property used in unlawfully transporting intoxicating liquor, where the property, is claimed by a third party as its dona fide owner, a forfeiture under the statute should not be adjudicated where the evidence shows the claimant to be the owner of the property and it is not proven beyond a reasonable doubt that such owner was concerned in the offense charged
    An Appeal from the Circuit Court for Santa Rosa County; A. G. Campbell, Judge.
    Reversed.
    W. W. Clark, for Appellant;
    
      J. T. Wiggins, contra."
   Per Curiam.

This appeal was taken under the statute from a final order adjudging a motor boat to be forfeited because it was used in the transportation of intoxicating liquors in violation of the statute. Chapter 7736, Acts of 1918;- Section 5458 et seq., Rev. Gen. Stats., 1920.

The boat was claimed by a third party as its Iona fide owner, which claim has substantial basis in the testimony. As the evidence adduced, as shown by the record, does not prove beyond a reasonable doubt that such owner was concerned in the violation of the statute, Sec. 5483, Rev. Gen. Stats., the order of forfeiture is reversed. See Armstrong v. State,. 85 Fla. 452, — South. Rep. —.

Whitfield, P. J., and Strum and Brown, J. J., concur.

West, C. J., and Terrell, J., concur in the opinion.  