Marvin Mandel, Governor                         549

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 entitled to a hearing when the case is tried.

(e)    Premises not occupied.—If no one is found in possession of
the premises, place, or thing where intoxicating liquor may be found,
the officer taking the same shall post in a conspicuous place on said
premises or at or near the location of the place or thing searched a
copy of his warrant, and take possession of such liquor and means
used for the sale of the same, and hold them subject to the order of
the court [or justice of the peace,] and make return of his doing
thereto. Whereupon it shall be the duty of the [justice of the peace
or] court to fix a time for the hearing and determine 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 or at or near the location of
the place or thing searched where 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 the
same, the [justice of the peace or] court shall order the same
destroyed or disposed of.

(f)    Warrant for residence.—No warrant shall be issued to search
any residence accepted as such, unless it or some part of it is used as
a store or shop, hotel, restaurant or boardinghouse, or unless such
residence is a place of public resort, or unless such residence is
utilized as a place for keeping, storing, hiding, secreting or furnish-
ing or handling any intoxicating liquor, in any quantity intended
or for the purpose of sale or disposition otherwise contrary to this
subtitle or contrary to law; provided, nevertheless, if the [justice of
the peace] judge of the District Court shall, after an examination of
the party making the oath or taking such other proof as may be pro-
duced, deem it proper to issue such warrant then the [said justice of
the peace] judge of the District Court, may, in his discretion, issue
the warrant as hereinabove provided, for the searching of such a
residence.

(n) Enforcement.—The county commissioners of the county are
hereby authorized to use any part of the fines imposed by a circuit
court and collected for the violation of this article for hiring detec-
tives or secret service officers (who shall be deputized proper officers)
[or for paying county constables to secure the enforcement of this
article]. And when there are no funds available from fines collected
for the violation of this article, such county commissioners are hereby
authorized to appropriate not more than two hundred dollars an-
nually in Queen Anne's and Wicomico counties from the general
revenue fund for the purpose of enforcing the provisions of this
article.

(p) Penalty.—Every person convicted of violating any provision
of this section shall be fined not less than two hundred dollars
($200.00) in Queen Anne's County, nor more than five hundred dol-
lars ($500.00), or imprisoned in the county jail or House of Correc-
tion for not less than six months nor more than one year, or be both
so fined and imprisoned, in the discretion of the [justice of the
peace or the] court. If any person shall be convicted of violating
any provision of this subtitle and shall subsequently violate any
provisions of this subtitle, he shall, upon conviction thereof, be fined
not less than five hundred dollars ($500.00) nor more than two