clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1972
Volume 708, Page 548   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

548                               Laws of Maryland                      [Ch. 181

REPORT AND RETURN

To Hon........................................., [Esq., Trial Magistrate for] Judge

of the District Court in................................County.

This Return and Report, made this........................................ day of

................................, 19.........., is to certify, That pursuant and in obe-
dience to the commands of the annexed warrant to me directed,

I did on the............................day of............................, 19.........., enter

and search the place, house and premises described in said warrant
and found and seized the following, to wit: (here set forth what
was found and seized), and do forthwith bring the same, and one

..........................................the person in whose custody the same were

found before you.

(Person serving warrant)

(c)    Evidence.—(1) Such liquor and means used for the sale of
the same shall be held subject to the order of [such justice of the
peace] the court to be used as evidence in the prosecution of any
case before [him or] the court for the violation of this article,
and any such or the possession of any such liquor or the means,
materials and instrumentalities for manufacturing, transporting,
dispensing, handling or otherwise disposing of the same or the para-
phernalia or part of the paraphernalia of a barroom or drinking
saloon shall constitute prima facie evidence of the violation of the
provisions of this subtitle as charged or presented. If fluids be poured
out or otherwise destroyed when the premises, place or thing 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
article.

(2) In all prosecutions under this article, by charge, indictment
or otherwise, it shall not be necessary to state the kind of liquor sold,
handled or involved, nor to describe the place where sold, handled or
involved, nor to show the knowledge of the principal to convict for
the acts of an agent or servant, nor to state the name of any person to
whom the liquor is sold, but it shall be sufficient to state in that regard
that the act complained of took place in the county. The issuance of
an internal revenue special tax stamp, or receipt by the United
States, to any person as a wholesale or retail dealer in liquors or in
malt liquors at any place within the county shall be prima facie
evidence of the sale of alcoholic beverages of the class authorized to
be sold under such stamp or receipt by such person at such place, or
at any place of business of such person, within such territory where
such stamp or receipt is posted, and at the time charged in any suit
or prosecution under this article; provided, such time is within the
life of such stamp or receipt. This paragraph shall apply only in
Queen Anne's County.

(d)    Property taken from accused.—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. When any liquor shall have been seized by virtue of such
warrant, the same shall not be discharged or returned to any person

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1972
Volume 708, Page 548   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives