2262                                                LAWS OF MARYLAND [Ch. 666

bookmaking, betting and wagering on horses or athletic
events, or any lottery, game, table, or gaming device
unlawful under the provisions of this article, all such
money, currency or cash shall be deemed prima facie to be
contraband of law as a gambling device or as a part of a
gambling operation. ALL RIGHTS, TITLE AND INTEREST IN
AND TO SUCH MONEY, CURRENCY OR CASH SHALL IMMEDIATELY
VEST IN AND TO THE LOCAL GOVERNMENTS OF THE CITY AND
COUNTIES AND [No] NO such money, currency or cash shall
be returned to any person claiming the same, or to any
other person, except in the manner hereinafter in this
section provided.

(b)    Pending trial or ultimate disposition of the
charge or charges, indictment or indictments, growing out
of any arrest in connection with which any such money,
currency or cash may have been so seized or captured, the
same shall be deposited [with,] IN AN INTEREST-BEARING
BANK ACCOUNT and accounted for by the county treasurer of
the county or the director of finance in Baltimore City.

(c)    If the trial or other ultimate disposition of
such charge or charges, indictment or indictments,
results in a record of conviction being entered against
the person or persons so arrested, in connection with
which the said money, currency, or cash may have been so
seized or captured, the county treasurer of the county or
director of finance in Baltimore City [may], SHALL [after
one month] WITHIN NINETY DAYS from the date of the record
of the entry of such conviction, unless the case is
appealed to [Court of Appeals] AN APPELLATE COURT, make
application to the circuit court of the county, for an
order declaring and ordering that such money, currency or
cash in the custody of the director of finance or county
treasurer shall be forfeited to the sole use and gain of
the [said] county or city. The court to which any such
application has been directed shall establish to its
satisfaction that there is no pending and undetermined
suit or proceeding which has been filed in any court of
competent jurisdiction, against [said] THE director of
finance or treasurer, seeking a return or recovery of the
[said] money, currency or cash so held in custody, before
[said] THE court shall proceed so to order a forfeiture
of such money, currency or cash to the county.

(1) ALL APPLICATIONS FOR THE FORFEITURE OF
CONTRABAND SHALL BE BY PETITION AND A COPY OF THE
PETITION AND SHOW CAUSE ORDER SHALL BE SERVED IN THE
FIRST INSTANCE PURSUANT TO RULE 104 OF THE MARYLAND RULES
OF PROCEDURE OR RULE NO. 104 OF THE MARYLAND DISTRICT
RULES, AND THEREAFTER, THE SUMMONS HAVING BEEN RETURNED
NON EST, THE DIRECTOR OF FINANCE OF BALTIMORE CITY OR
COUNTY TREASURER MAY PROCEED PURSUANT TO RULE 105,
SUBSECTION 2 AND SUBSECTION 3 OF THE MARYLAND RULES OF