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Session Laws, 1929
Volume 572, Page 1375   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 1375

tion therein; and it shall be the duty of the Clerk of the Circuit
Court of Carroll County to furnish information concerning such
prior conviction to the State's Attorney and grand jury.

A certified transcript from the docket of any Justice of the
Peace, or a certified copy of the record under the seal of the
clerk of any court shall be sufficient evidence of a previous con-
viction or convictions under any section of this Act. It shall
be sufficient, in such presentment or indictment to allege briefly
that such person has been convicted of a violation or violations
of the provisions of this section.

Section 25. And be it further enacted, That all vehicles, equip-
ment, materials and paraphernalia used or employed in the un-
lawful sale, manufacture or transportation of intoxicating liquor
within Carroll County are hereby declared to be forfeited, and
the Sheriff of Carroll County or any other officer therein seizing
any intoxicating liquor and any such vehicles, equipment, mate-
rials or paraphernalia, shall immediately give a detailed notice
of such seizure in some newspaper published in Carroll County
warning all persons having an interest in such intoxicating liquor,
vehicles, equipment, materials and paraphernalia, to file in the
Circuit Court for Carroll County within twenty days from the
date of such notice, a statement of any cause that he, she or they
might have why the same should not be condemned and sold or
destroyed. If no cause to the contrary be shown within the time
limited in said notice, then such officer shall immediately destroy
all such intoxicating liquor and stills or other materials or para-
phernalia used solely for the unlawful manufacture, sale or
transportation of intoxicating liquor, and all other vehicles,
materials, equipment and paraphernalia shall thereafter be sold,
after giving the usual notice, and the proceeds, after the pay-
ment of the cost of such notice and all costs of sale, including a
Commission to the officer making sale of 5 per cent, shall be
paid over to the Treasurer of Carroll County for general County
purposes.

If any cause to the contrary thereof be shown, notice of such
cause together with a copy thereof shall be served on the officer
having said vehicles, materials, equipment or paraphernalia in
possession, and thereafter the Circuit Court for Carroll County
shall set the case down for hearing, the State's Attorney for
Carroll County, without compensation, representing the offi-
cer. After hearing the Circuit Court shall pass such order in
the premises as justice and law may require, from which order
either party may appeal to the Court of Appeals.

SEC. 2. And be it further enacted, That this Act shall take effect
from June 1, 1929.

Approved April 11, 1929.


 

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Session Laws, 1929
Volume 572, Page 1375   View pdf image (33K)
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