1904.] OF THE HOUSE OF DELEGATES. 711
said Justice of the Peace so to do, or in case of pre-
sentment by the Grand Jury, the said Grand Jury
shall request the Court to direct the clerk of the Court
issuing the warrant, the said Justice of the Peace or
clerk of the Court, upon the direction of the Court as
aforesaid, shall issue his warrant, in which the house,
building or other place in which the violation is al-
leged to have occurred, shall be specifically described,
directed to the sheriff or some constable of said county,
commanding him thoroughly to search the described
house, building or other place and the appurtenances
thereof, and, if any such shall there be found, to take
into his possession 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 liquors effective for the
period of time covering the alleged offense, and forth-
with report in writing all the facts to the States' At-
torney for Montgomery county. And any such intoxi-
cating 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 In-
ternal revenue tax receipt for the sale of intoxicating
liquors effective as aforesaid, shall constitute prima-
facie evidence of the violation of the provisions of
section one hundred and thirty-four 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, and the other property
be held as the property of 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.
Sec. 134 D. "That in any indictment under this Act
for violations of the provisions of the preceding sec-
tions hereof, it shall not be necessary to specify the
particular kind of liquor or liquors which any person
|
|