EDWIN WARFIELD, ESQ., GOVERNOR.

135

scribed, directed to the Sheriff or some constable of said

, county commanding him thoroughly to search the described

Uquors found

house, building or other place and the appurtenances thereof,

on premises
to be used as
evidence.

and if any such shall there be found, to take into his pos-

session and safely keep, to be produced as evidence when

required, all intoxicating liquors if the same shall be found

in quantities and under conditions to suggest that it is kept

for sale, and all the means for dispensing the same ; all the

paraphernalia or part of the paraphernalia of a bar-room

or drinking saloon, and any United States Internal Revenue

tax receipt for the sale of intoxicating liquor effective for

the period of time covering the alleged offense, and forthwith

report in writing all the facts to the State's Attorney for

Montgomery County and any such intoxicating liquors or

the means for dispensing the same, or the paraphernalia or

part of the paraphernalia of a. bar-room or drinking saloon,

or any United States Internal Revenue tax receipt for the

sale of intoxicating liquors effective as aforesaid, shall con-

stitute prima facie evidence of the violation of the provisions

of Section 134 of this Act as charged or presented; if the

accused shall be found guilty the intoxicating liquors so seized

of him. her, them or it shall, after the trial and time for writ

of error, if no writ of error is taken, be destroyed by the

Sheriff to de-

Sheriff, and the other property be held as the property of

stroy liquors.

the said accused or owner; if the accused shall be found not

guilty the whole shall be so held as his, her, their or its

property or the property of the real owner.

134D. That in any indictment under this Act for violation

of the provisions of the preceding sections hereof, it shall

Not necessary
to specify

not be necessary to specify the particular kind of liquor or

kind of li-
quor.

liquors which any person or persons, house, company, asso-

ciation or body corporate bartered or sold or solicited or

received orders for the purchase of, or deposited, kept or had

in his, her, their or its possession with intent to barter or

sell, or that the same be bartered or sold in violation of said

provisions, but it shall be sufficient if the indictment sets

forth that the traverser or traversers bartered or sold or

solicited or received orders for the purchase of. or deposited,

kept or had in his. her. their or its possession, with intent

to barter or sell, spirituous or fermented liquors or intoxi-

cating drinks, or with intent that the same be bartered or

sold in violation of said provisions.

134E. Provided, that nothing in this Act shall apply to

cases pending, nor to violation or violations of the law which