1012 LAWS OF MARYLAND. [CH. 501
or the paraphernalia or part of the paraphernalia of a bar-
room or drinking saloon shall constitute prima facie evidence
of the violation of the provisions of this sub-title as charged or
presented. If fluids be poured out or otherwise destroyed
when the premises, place or thing are searched or about to be
searched, said fluids shall be held prima facie to be intoxicat-
ing liquor and intended for sale in violation of this Article.
(2) In all prosecutions under this Article, by charge, indict-
ment or otherwise, it shall not be necessary to state the kind
of liquor sold, handled or involved, nor to describe the place
where sold, handled or involved, nor to show the knowledge of
the principal to convict for the acts of an agent or servant,
nor to state the name of any person to whom the liquor is. sold,
but it shall be sufficient to state in that regard that the act
complained of took place in the County. The issuance of an
Internal Revenue special tax stamp, or receipt by the United
States, to any person as a wholesale or retail dealer in liquors
or in malt liquors at any place within the County shall be
prima facie evidence of the sale of alcoholic beverages of the
class authorized to be sold under such stamp or receipt by
such person at such place, or at any place of business of such
person, within such territory where such stamp or receipt is
posted, and at the time charged in any suit or prosecution
under this Article; provided, such time is within the life of
such stamp or receipt. This paragraph shall apply only in
Queen Anne's County.
(d) PROPERTY TAKEN FROM ACCUSED. If upon final judg-
ment 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, and the other property shall be
held as the property of the accused or owner. If the accused
shall be found not guilty, the whole of the property seized shall
be returned to the person from which it was taken. 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 des-
cription in the complaint or warrant of the liquor or place,
but the claimant shall be entitled to a hearing when the case
is tried.
(e) PREMISES NOT OCCUPIED. If no one is found in
possession of the premises, place, or thing where intoxicating
liquor may be found, the officer taking the same shall post
in a conspicuous place on said premises or at or near the loca-
tion of the place or thing searched a copy of his warrant, and
take possession of such liquor and means used for the sale of
the same, and hold them subject to the order of the court or
|
|