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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1765   View pdf image (33K)
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CARROLL COUNTY. 1765

same, by reason of any alleged insufficiency in the description in the com-
plaint or warrant of the liquor or place, but the claimant shall be entitled
to a hearing when the case is tried.

(F) If no one is found in possession of the premises where intoxicat-
ing liquor may be found, the officer taking 'the same shall post in a con-
spicuous place on said premises a copy of his warrant, and take posses-
sion of such liquor and means used for the sale of same and hold them
subject to the order of the court or justice of the peace issuing the war-
rant and make return of his doings thereon. Whereupon it shall be the
duty of the justice of the peace or court to fix the time for hearing and
determining the purpose for which such liquor is kept and issue a notice
thereof to the officer who shall post a copy thereof on the premises where
the liquors were found. If no one appears at the time fixed for said
hearing, nor within thirty (30) days thereafter to claim such liquor and
means used for the sale of the same, the justice of the peace or court
shall order the same destroyed.

(G) No warrant shall be issued to search private residence occupied
as such unless it or some part of it is used as a store or shop, hotel or
boarding house or unless such residence is a place of public resort.

(H) The person making affidavit for the warrant to search any place
where intoxicating liquor is believed to be disposed of contrary to this
Act, may personally or by agent accompany the officer who served the
warrant and enter the place with such officer and give information and
assistance to such officer in searching such place for such intoxicating
liquor.

(I) Liquor seized as hereinbefore provided, and the means used for
the sale of the same, shall not be taken from the custody of the officer by a
writ of replevin or other process while the proceedings herein provided
are pending; and final judgment of conviction in such proceedings shall
be in all cases a bar to all suits for the recovery of any liquor seized or the
value of the same, or for damages alleged to arise by reason of the seizing
and detention thereof.

(K) When any prosecution is commenced before any justice of the
peace or court for a violation of this Act and the liquor seized under this
section is to be used as evidence in such trial, the hearing must take place
in not more than thirty (30) days if such court be then in session, and
if it be not in session, within thirty days from the date when it is next in
session. If at the time appointed for trial the returns have not been
properly made, or if for other sufficient cause the trial may be postponed
to a further date not more than fifteen (15) days beyond said thirty (30)
days.

(L) The word "liquor" when used in this section, unless the same be
inconsistent with the context, shall be construed to include the vessels
containing the same. The phrase "means used for the sale of the same"
shall include all furniture, implements or paraphernalia of a bar room
or drinking saloon, or any part of the same, and any United States internal

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 1765   View pdf image (33K)
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