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Session Laws, 1908 Session
Volume 483, Page 1067   View pdf image (33K)
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ART. 22.] WASHINGTON COUNTY. 1067

as 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, together 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 intoxicating 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
thereof found in such search forthwith before me, to be dis-
posed of and dealt with according to law. Given under my
hand this day of A. D... Such liquor and
means used for the sale of the same, shall be held subject to the
order of the justice of the peace or court issuing the warrant to
be used as evidence in the prosecution of any case for the viola-
tion of this Act. (C) If fluids be poured out or otherwise de-
stroyed when the premises 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 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 whom it
was taken. (E) When any, liquor shall have been seized
by virtue of such warrant, the same shall not be dis-
charged or returned to any person claiming the same by
reason of any alleged insufficiency in the description in
the complaint or the warrant of the liquor or place,
but the claimant shall be entitled to a hearing when the case is
tried, the justice of the peace or court shall order the same de-
stroyed. (G) No warrant shall be issued to search a private
residence occupied as such unless it or some part of it is used
as a store or shop, hotel or boarding house, or unless such resi-
dence is a place of a public resort. (H) The person making
affidavit for the warrant to search any place where intoxicat-
ing liquor is believed to be disposed of contrary to this Act,
may personally or by agent, accompany the officer who serves
the warrant and enter the place with such officer and give in-
formation and assistance to such officer in searching such place
for such intoxicating liquor. (I) Liquor seized as hereinbe-
fore provided, and the means used for the sale of the same, shall
not be taken from the custody of the officer by a writ of replevin
or other process while the proceedings herein provided are

 

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Session Laws, 1908 Session
Volume 483, Page 1067   View pdf image (33K)
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