1090 LAWS OF MARYLAND.

articles as in the affidavit), and that you bring the same, or any
part thereof, found in such search forthwith before me to be
disposed 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 sub-
ject 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 violation of this Act. (C) If fluids be poured out or otherwise
destroyed 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 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 claim-
ing the same by reason of any alleged insufficiency in the de-
scription in the complaint or warrant of the liquor or place,
but the claimant shall be entitled to a hearing when the case
is tried. (F) If no one is found in possession of the premises
where intoxicating liquor may be found, the officer taking the
same shall post in a conspicuous place on said premises 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 justice of the peace issuing the warrant and
make return of his doings thereto. Whereupon it shall be the
duty of the justice of the peace or court to fix a time for hear-
ing 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 where the liquors were found. If no
one appears 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 justice of the peace or court shall order the
same destroyed. (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 or boarding house, or unless such
residence is a place of public resort; provided, nevertheless, if
the justice of the peace or judges of the court shall, after an ex-
amination 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 justice of the peace or the judge of the
court may, in his discretion, issue the warrant as hereinbefore