Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-06-03
PUBLIC LOCAL LAWS.


| AN ACT to repeal sections 1873 and l34 Of
Article l6 of the Code of Public Local
| Laws, title Montgomery County, SUBJ
| title "Liquor and Intoxicating Drinks -
as amended by the Act OF 1894, chapter
62S, and TO re-enact The same with amend
ments, and TO add additional sections to
said Article l6 TO be designated as "Sec-
tons 1874 A, 1874 B, l34 G, 1874 D and 1874
&, and to repeal all Acts and parts of Acts
Inconsistent herewith.
Section /. Be it enacted by the General
Assembly of Maryland, That sections l33 and
| "a of Article Is of the Code of Public Local
Laws, title Montgomery County" subtitle
Liquor and intoxicating DRINKS" be and
the same are hereby repealed and re enacted
with amendments, and that new sections be
Idded TO said Article l6, to be designated 'Sec-
lions l34 A, 1874 B, l34 @, l34 D and 1874 e,
80 that said sections 1873, 1874, 1874 A, 1874 B,
1874 o, l34 d and l34 &, shall read as fol-
lows:
Section 1893. That il shall not be lawful for
any person or persons or any house, COM
pany or association, or body corporate to
sell, directly or indirectly, or to solicit or
receive orders for the purchase Of, within the
limits OF Montgomery county, any spiritnous
or fermented liquors or intoxicating drinks of
any kind whatsoever, or an article used and
sold as beverage, in the composition Of
which whiskey, brandy, high wines or alco-
hol or any spirituous or fermented liquors
hall be an ingredient or ingredients.
Section l34. That no person, persons,
house, company, association or body cor
porate shall deposit, keep or have 10 his,
her, their or its possession any sprituous or
termented liquors or Intoxicating drinks OF
any Kind whatsoever, or any article used and
sold as beverage 10 the composition Of which
auh nuHA I'D Lswk Ill.
ipirituous or fermented liquors shall be an iu-
yredient or ingredients, with intent to barter
OF sell in violation Of the preceding section
hereof, or with the intent that the same shall
'e osrtered or sold in violation thereof within
he limits OF said county, or to aid or assist
my person, persons, house, company, Asso-
iatiou or body corporate, 10 such barter or
sale.
Section 1874 A. That ii any person or per-
sons, house, company, association or body
corporate, shall violate auY Of the provisions
Of sections one hundred aud thirty-three 1887
Lud one hundred aud thirty -four lisa, Afore-
aid, within the limits Of Mon tgo1ery county
be, she, il or they shall, on each and every
conviction thereof, forfeit Snd pay 6ne OF not
leSs than one hundred dollars, nor more than
i've hundred dollars and costs Of prosecution :,
and be confined ia the MARYLAND House OF
%.
nor more than twelve months, or, in the dis
creIion OF the Court, forfeit and pay i1e Of
not less than City dollars. nor more than i've
hundred dollars and costs of prosecution and
fAiliag to pay such me Or dues and costs
forth with, shall be sentenced %. be confined
a the Maryland House OF Correction for a
term not less than three tbs, aGr more
than twelve months, or until sueh fns OF
lines aud costs are pad
Section 1874 B That n the trial - Auy per-
son or persons, or aay house, company, as
ISOLATION or body corporate, Tor = violation
)f any o! the preceding sections hereof, 1t
shall be lawful for the State TO rrove that
such person or persons, house, company, as
ISOLATION or body corporate, on trial, has or
have paid (it such be the easel a special tax to
the government of the United States, under
the Internal Revenue laws thereof, upon or for
his, her, their or its business, as brewer or
brewers, or retail dealer or dealers In liquors,
or wholesale dealer or dealers in liquors, or
retail dealer or dealers in malt liquors, or
wholesale dealer or dealers 10 malt liquors
as the case may bel inMOntgomery county,
for period of time within which such vio-
lation has occurred, and to prove that he,
she, it or they, has or have registered his,
her, their or its busin IS for said period as
such dealer or dealers with the Collector of
Internal Revenue for the district of which
Montgomery county shall form part, aud that
he, she, it or they, made application to said
Collector to be SO registered; and it shall be
lawful for the State, in such case, 10 offer in
evidence said Internal Revenue laws relat-
ing to said special taxes, and the payment
of said special tax or taTes upon, and the
registering OF his, her, their or its said BUSH
ness, may be proved by certificate of said
Collector, or any of his deputies, or by the
sworn testimony of him or any of them or
by the sworn testimony of any person who
has examined the books of said Collector
and copy OF the application OF any person
or persons, house, company, association or
body corporate, for registry, under said reve-
nue. laws made and attested by said Collector,
or any OF his deputies, or sworn to by any
person who has examined the books of said
Collector, shall be prima fscie proof of such
application, a0d the pay ment Of said tax aud
the application tor such registry shall bt
prima facie evidence that the party so paying
aud applying is engaged in the sale of intoxi
eating drinks within the limits of Montgom
| cry county.
Section 1874 O. Whenever any person shall
| charge on oath or affirmation before an,
Justice Of the Peace, or any Grand Jury shall
present, that any person or persons, house
company, association or body corporate, ha
or have violated the provisions OF section on
hundred and thirty-iour Of this Act, and shal
request said Justice of the Peace so TO do
or in case Of presentment by the Gran,
Jury, the said Grand Jury shall request tn
Court to direct the Clerk Of the Court issu
ing the warrant, the said Justice of the Peac
OF Clerk ofthe Court, upon the direction o
the Court as aforesaid, shall issue his warrant
nj which the house, building or other plac
in which the violation lie alleged to have oc
Cured, shall be specifically described ,directe
, I to the sheriff or some constable of said county
commanding him thoroughly to search tn
described house, building or other place an
the appurtenances thereof and, il any sue
! shall be there found to take into his possessi o
and safely keep, to be produced as evidenc
when required, all Intoxicating liquors, il tn
y same shall be found in quantities aud unde
conditions 10 suggest that 1t is kept for sal,
i and all the means for dispensing the same
o all the paraphernalia, or part of the par,
e phernalia OF bar-room or drinking saloon
II and any United States Internal RevenU
l. Tax Receipt for the sale of into xicatin
n liquors effective for the period of time covel
II ing the alleged otfense, and forthwith repo
in writing all the facts to the States Alto
!" ney Tor Montgomery county. And any sue
Is Intoxicating liquors or the means for di.
n pensing the same or the paraphernalia or pa
OF the parapherualia of bar-room or drinl
ing saloon OF any United States Intern
'e Revenue tax receipt for the sale of inloxica
D. ing liquors effective AS aforesaid shall const
ID tute prima facie evidence OF the violation
es the provisions of section Que hundred at
- thirty-iour OF this Act AS charged or DIT
scented. II the accused shall be found guilt
70 the intoxicating liquors so seized OF hiI
~ her, them or il, shall after the trial aud til
for writ Of error, II no writ of error is take
4 be destroyed by the Sheriff, aud the 9th
~ property be held as the property Of the sa
be accused or owner II the accused shall
r found not guilty the whole shall be SO he
n. as his, her, their or lis property or lhe pro
erty u the real owner