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Session Laws, 1908 Session
Volume 483, Page 998   View pdf image (33K)
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998 LAWS OF MARYLAND.

as in the affidavit), and that you bring the same or any part
hereof 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. J. P. Such liquor and means
used for the sale of the same shall be held subject to the order
of the justice of the peace issuing the warrant, to be used as
evidence in the prosecution of any case for 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 to be
guilty, the intoxicating liquor seized from him shall, after the
time for appeal has expired, and if no appeal is taken, be or-
dered to be destroyed, and the other property shall be held as
the property of the accused or 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 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 where intoxicating liquor
may be found, the officer taking the same shall post in a con-
spicuous place on said premises a copy of his warrant and take
possession of such liquor and means used for the sale of same
and hold them subject to the order of the justice of the peace
issuing the warrant, and make return of his doings thereon,
whereupon it shall be the duty of the justice of the peace 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 whereof 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 same the justice of the peace shall order the
same destroyed. (G) No warrant shall be issued to search a pri-
vate 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
residence is a place of public resort. (H) The person making
affidavit for the warrant to search any place where intoxicating
liquor is believed to be disposed of contrary to this Act may per-
sonally or by agent accompany the officer who serves the war-
rant and enter the place with such officer and give information
and assistance to such officer in searching such place for such
intoxicating liquor. (I) Liquor seized as hereinbefore provided,

 

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Session Laws, 1908 Session
Volume 483, Page 998   View pdf image (33K)
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