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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4413   View pdf image (33K)
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SOMERSET COUNTY. 4413

(B) The warrant for search shall be directed to the proper officer and
shall show by a copy of the affidavit inserted therein or annexed and re-
ferred to or recite all of the material facts alleged in the affidavit and par-
ticularly describe the thing to be searched for and the building, place,
automobile or other vehicle, boat, air or water craft to be searched. A
warrant for search substantially in the following form shall be sufficient:
State of Maryland, Somerset County, to wit:

The State of Maryland, To......................... Greetings:

Whereas there has been filed with the undersigned an affidavit of which
the following is a copy (here insert affidavit) ; these are therefore to com-
mand you in the name of the State of Maryland, together with the neces-
sary and proper assistance, to enter into (here describe the building, place,
automobile or other vehicle, boat, air or water craft described in the affi-
davit) of the said................ of................. in the County

aforesaid, and there diligently search for the said intoxicating liquor and
paraphernalia used for the manufacture or sale of the same (here describe
the article as in the affidavit), and that yon bring the same or any part
thereof found in such search forthwith before me to be disposed of and
dealt with according to law.

Given under my hand this........................ day of

..........................A. D..........

................................ J. P.

Such liquor and means used for the manufacture or sale or transporta-
tion of the same shall be held subject to the order of the Justice of the
Peace issuing the warrant, to be used as evidence in the prosecution of any
case for violation of this Act.

(C) If upon final judgment of the Justice of the Peace or Court, the
accused shall be found guilty, the intoxicating liquor seized from him
shall, after the time for appeal has expired, and if no appeal is taken, be
ordered to be destroyed.

(D) If no one is found in the possession of the premises where intoxi-
cating liquor may be found, the officer taking the same shall post in a
conspicuous place on said premises a copy of his warrant and take pos-
session of such liquor and paraphernalia used for the manufacture or sale
of same and hold them subject to the order of the Justice of the Peace
issuing the warrant, and make return of his doings therein, whereupon it
shall be the duty of the Justice of the Peace to fix a 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-
on the liquors were found. If no one appears at the time fixed for the
hearing, nor within thirty days thereafter to claim such liquor and para-
phernalia used for the manufacture or sale of the same, the Justice of
the Peace shall order the same destroyed.

(E) No warrant shall be issued to search a private residence occupied
as such unless it or some part of it is used as a store or shop, restaurant,
hotel or boarding house, or unless such residence is a place of public resort,
or unless it is used for the unlawful sale of intoxicating liquor.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4413   View pdf image (33K)
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