512
LAWS OF MARYLAND.
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mixed or strong drink, and other articles of traffic,
and
all vessels, chests and other things containing the same,
and belonging to or in possession of the person or persons
so offending, together with such booth, stall, tent,
carriage, vehicle or other contrivance or thing prepared
and used for the purposes aforesaid, shall be and are
hereby declared to be forfeited, and it shall be lawful
for any justice of the peace or constable, with one or
more freeholders of the county in which the said grounds
of the said society may for the time being be situated,
to seize and take possession of all or any part of the
said forfeited property, and at any time within ten days
thereafter, to advertise and sell the same, and after deducting
and paying the necessary expenses attending
such seizure and sale, shall pay over to the county
treasurer or collector, as the case may be, of said county,
for the use of the commissioners of said county, the
residue of the proceeds of such sale or sales, and the
person or persons so offending, shall, on conviction as
aforesaid, pay a fine of not less than ten or more than
one hundred dollars, said fine to be paid over to the
collector or treasurer as aforesaid, of the county as aforesaid,
for the use of the commissioners of the said
county.
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Construction
of act.
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SEC. 3. And be it enacted,
That nothing contained
in this act shall be taken or construed so as to effect any
licensed tavern keeper, in his or her ordinary and lawful
business, at his or her usual place of residence, nor
shall it be so taken or construed as to effect any merchant,
shopkeeper or farmer, mechanic or other person
in the usual and lawful transactions of his, her or their
ordinary concerns, dealings and business in their usual
places of transacting and carrying on such business;
nor shall it be so taken, construed or understood as to
prevent the sale within the enclosed grounds of the said
society of any articles of refreshment or traffic, or of
any other sort with the consent, and under the direction
and control of the executive committee of the said
society.
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Defendant
may plead
general issue.
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SEC. 4. And be it enacted,
That if any suit or action
shall be instituted against any person or persons, for or
on account of any seizure or sale of any goods or effects
under the authority of this act, or for doing or causing
to be done, or aiding or assisting in doing any thing in
pursuance of this act, according to the provisions thereof,
the defendant or defendants may plead the general
issue, and give the special matter under this act in
evidence.
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