J. MILLARD TAWES, GOVERNOR                          1137

publication of notice, file a claim protesting such seizure with the
Comptroller. When such a claim and protest is filed the Circuit
Court for the County or City of Baltimore wherein the property was
confiscated shall proceed in rem to hear and determine the question
of forfeiture.

(4) Rights of Lienholders: If the court determines any property
is subject to forfeiture it shall also determine whether any lawful
lienholder who has filed a timely claim and protest had knowledge
of such intended unlawful use. If the court shall find such knowl-
edge then the lienholder's right, title and interest to the property
shall likewise be deemed forfeited. If the court does not find such
knowledge and the property is otherwise subject to forfeiture, it
shall be forfeited and the Comptroller may as he deems in the best
interest of the State, pay the outstanding indebtedness secured by
such lawful lien and keep the property or deliver the property to the
said lienholder.

(5)  Disposition of Confiscated Property: Any property confiscated
and forfeited under this Article shall become the property of the
respective County or City of Baltimore wherein confiscated, except
that property confiscated by officers of the State of Maryland which
shall become the property of the State of Maryland. The Comp-
troller of the Treasury, the County Commissioners of the respective
counties, or the Mayor of Baltimore City, as the case may be, shall
as they deem in the best public interest, retain for official use, sell
or otherwise dispose of such forfeited property, provided however
that any lawfully manufactured alcoholic beverages forfeited to a
County in which there is a Liquor Control Board shall become the
property of the Liquor Control Board for such county and shall be
sold by the County Dispensaries in such counties and the proceeds
from such sales shall be treated in the same way as the proceeds
from ordinary sales made by such dispensaries. Provided, further,
however, that no illicit alcoholic beverages shall be returned or given
to any person or otherwise disposed of except by destruction.

(6)  Destruction of Certain Contraband: An officer confiscating
any unlicensed distillery or unlawful distillery materials, equip-
ment or devices under circumstances which render it impractical or
impossible to remove the same to a safe place of custody and storage,
or confiscating any illicit alcoholic beverages, except that seized for
evidence or forfeiture, shall forthwith destroy the same only insofar
as is necessary to render it unfit for further unlawful use and shall
report such confiscation and destruction to the Alcoholic Beverages
Division of the Comptroller of the Treasury of Maryland.

3 (g) Evidence—Destruction to Prevent Seizure: It shall be unlaw-
ful to remove or destroy or cause to be removed or destroyed any
property which has been seized under this Article, or to prevent
or attempt to prevent the seizure of any property by pouring out,
breaking, destroying, removing or otherwise disposing of the same,
and any fluid poured out or otherwise disposed of when any prem-
ises, place or thing are searched or about to be searched shall be held
prima facie to be an alcoholic beverage and intended for sale or
other use in violation of this Article.