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Session Laws, 1908 Session
Volume 483, Page 1089   View pdf image (33K)
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ART. 23.] WICOMICO COUNTY. 1089

to state in that regard that the act complained of took place in
said Wicomico county. The issuance of an internal revenue
special tax stamp, or receipt by the United States, to any per-
son as a wholesale or retail dealer in liquors or in malt liquors
at any place within Wicomico county shall be prima facie evi-
dence of the sale of intoxicating liquors 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 Act; provided,
such time is within the life of such stamp or receipt.

SEC. 11. And be it further enacted, (A) That if any person
makes a sworn complaint or an affidavit before a justice of the
peace having criminal jurisdiction, or judge of the Circuit Court
for said county of Wicomico, particularly describing the house or
place to be searched, and the things to be searched for, that he
has reason to believe and does believe that intoxicating liquor is
sold, or kept for the purpose of being sold or otherwise dis-
posed of in violation of the provisions of this Act, such justice
of the peace or judge shall issue his warrant to serve criminal
process, commanding him to search the premises described and
designated in such complaint and warrant and the appurte-
nances thereof, and if any such shall there be found to take into
his possession and safely keep all intoxicating liquor and the
vessels in which it is contained, if the same shall be found in
quantities and under such conditions as to suggest that it is
kept for sale, and all the means used for the sale of the same,
all the paraphernalia or part of the paraphernalia of a barroom
or drinking saloon, and any United States internal revenue tax
receipt for the sale of intoxicating liquor effective for the period
of time covering the alleged offense, and forthwith report in
writing all the facts and make immediate return on said war-
rant. (B) The warrant for search shall be directed to the
proper officer, and shall show by a copy of the affidavit inserted
therein, or annexed and referred to, or recite all of the material
facts alleged in the affidavit, and particularly describe the thing
to be searched for and the place to be searched. A warrant for
search substantially in the following form shall be sufficient:
State of Maryland, county. To greeting: Where-
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 afore-
said, and there diligently search for the said intoxicating
liquor and means used for the sale of same (here describe the

 

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Session Laws, 1908 Session
Volume 483, Page 1089   View pdf image (33K)
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