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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4441   View pdf image (33K)
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SOMERSET COUNTY. 4441

section 220, such justice of the peace shall issue his warrant, directed to
any officer whom the complainant may designate having power to serve
criminal process, commanding him to search premises described and desig-
nated in such complaint and warrant and the appurtenances thereof, and
if any such shall be found there to take into his possession and safely
keep all intoxicating liquor and the vessels in which it is contained, if the
same shall be found in quantities and under such conditions to suggest that
it be kept for sale, and all the means used for the sale of the same, all the
paraphernalia or part of the paraphernalia of a barroom or drinking saloon,
and any United States internal revenue tax receipt for the sale of intoxi-
cating liquor, effecting for the period of time covering the alleged offense,
and forthwith report in writing all the facts and make immediate return,
on said warrant. (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 referred to, or recite all of the material facts alleged in
the affidavit and particularly described, the thing to be searched for and
the place to be searched. A warrant for search substantially in the fol-
lowing form shall be sufficient: State of Maryland, Somerset county, ss.:
To —————— greeting: Whereas there has been filed with the undersigned
an affidavit, of which the following is a copy (here copy affidavit); these
are therefore to command you in the name of the State of Maryland, to-
gether with the necessary and proper assistance, to enter into (here describe
the house or place described in the affidavit) of the said ————— of ————
in the county aforesaid, and there diligently search for the said intoxicat-
ing liquor and means used for the sale of the same (here describe the
articles as in the affidavit), and that you bring the same or any part hereof
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 sale 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 fluids be poured out or otherwise destroyed when the prem-
ises are searched or about to be searched said fluids shall be held prima
facie to be intoxicating liquor, and intended for sale in violation of this
Act. (D) If upon final judgment of the justice of the peace or court the
accused shall be found to be 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, and the other property shall be held as the prop-
erty of the accused or shall be returned to the person from whom it was
taken. (E) When any liquor shall have been seized by virtue of such
warrant the same shall not be discharged or returned to any person claim-
ing the same by reason of any alleged insufficiency in the description in the
complaint 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 intoxicating 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 possession of such liquor and means used for

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4441   View pdf image (33K)
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