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Session Laws, 1914
Volume 533, Page 837   View pdf image (33K)
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PHILLIPS LEE GOLDSBOROUGH, GOVERNOR.

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 (30) 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 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 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 personally or by agent accompany the
officer Who served the warrant and enter the place with such
office and give information and assistance to such officer in
searching such place for such intoxicating liquor.

(I) Liquor seized as hereinbefore provided, and the means
used for the sale of the same, shall not be taken from the cus-
tody of the officer by a writ of replevin or other process while
the proeedings herein provided are pending; and final judgment
of conviction in such proceedings shall be in all cases a bar to all

suits for the recovery of any liquor seized or the value of the
same, or for damages alleged to arise by reason of the seizing
and detention thereof.

(K) When any prosecution is commenced before any Jus-
tice of the Peace or court for a violation of this Act and the
liquor seized under this Section is to be used as evidence in
such trial, the hearing must take place in not more than thirty
(30) days if such court be then in session, and if it be not in
session, within thirty days from the date when it is next in
session. If at the time appointed for trial the returns have not
been properly made, or if for other sufficient cause the trial may-
be postponed to a further date not more than fifteen (15) days
beyond said thirty (30) days.

(L) The word "liquor" when used in this Section, unless
the same be inconsistent with the context, shall be construed to
include the vessels containing the same. The phrase "means
used for the sale of the same" shall include all furniture, im-
plements or paraphernalia of a bar room or drinking saloon or
any part of the same, and any United States internal revenue
tax receipt effective for the period of time covering the alleged
offense.

SEC. 24. And be it further enacted, That any five (5) legal
voters of Carroll County in which an election shall have been

 

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Session Laws, 1914
Volume 533, Page 837   View pdf image (33K)
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