342 LAWK OF MARYLAND. [CH. 190

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 prop-
erty seized shall be returned to the person from which 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 claiming 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 en-
titled to a hearing when the case is tried. (F) if no one is
found in possession of the premises, place, house 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 location of the place, house 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 Police Justice and make return of his
doing thereto. Whereupon it shall be the duty of the Police
Justice or court 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 or at or near the location of the place, house or
thing searched where the liquors were found. If no one ap-
pears at the time fixed for said hearing, nor within thirty
days thereafter to claim such liquor and means used for the
sale of the same, the Police Justice or Court shall order the
same destroyed or disposed of. (G) No warrant shall be issued
to search a private residence accepted as such, unless it or
some part of it is used as a store or shop, hotel, restaurant
or boarding house, or unless such residence is a place of pub-
lic resort, or unless such residence is utilized as a place for
keeping, storing, hiding, secreting or furnishing or handling
any intoxicating liquor, in any quantity, intended or for the
purpose of sale or disposition otherwise contrary to this Act
or contrary to law; provided, nevertheless, if the Police Jus-
tice or justice of the peace shall, after an examination of the
party making the oath or after taking such other proof as
may be produced, deem it proper to issue such warrant, then
the said Police Justice or justice of the peace, may, in his
discretion, issue the warrant as hereinbefore provided, for the
searching of a private residence. (H) The person making
affidavit for the warrant to search any place, house or thing
where intoxicating liquor is believed to be disposed of, kept,
stored, deposited, hidden, secreted, handled or furnished con
trary to this Act, may personally or by agent accompany the
officer who serves the warrant and point out and enter the
place, house or thing with such officer and give information