Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-03-25
NEW LOCAL OPTION LAW.

| lished BY order OF the Anu saloon League
of this county:
AN ACT to repeal sections 1873 and ls4 Of
Article l6 of the Code Of Public Local
Laws, title Montgomery County" sub
4. title Liquor and Intoxicating Drinks, ="
as amended by the Act Of 1894, chapter
b2S, 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, l34 B, l34 O, 1874 D and l34
e, and to repeal all Acts and parts Of Acts
incc nsistent herewith,
Section l. Be it enacted by the General
Assembly Of Maryland, That sections 1873 and
l "a Of Article l6 of the Code of Public Local
Laws, title Montgomery County," subtitle
Liquor and Intoxicating DRINKS" be and
the same are hereby repealed aud re acted
with amendments, aud that new sections be
added to said Article l6, to designated 1890
| tons l34 A, l34 B, l34 @, l34 D and 134 e"
SO that said sections 1873, 1874, l34 A, 1874 B,
1874 o, l34 d and ia L, shall read as fol.
lows:
Section 1873 That it 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 spirituous
or fermented liquors or intoxicating drinks OF
any kind whatsoever, or any article used and
sold as o beverage, 10 the composition Of
which whiskey, brandy, high wines or alco-
hol or any spirituous or fermented liquors
shall be an ingredient or ingredients.
Section l34. That no person, persons,
house, company, association or body cor
porate shall deposit, keep or have In his,
her, their or It's possession any spirituous or
fermented liquors or intoxicating drinks OF
X nd w nj a nd
sold as beverage in the composition OF which
whiskey, brandy, high wines or alcoholic,
spirltuous or fermented liquors shall be an in
gredent or ingredients, with intent to barter
or sell in violation of the preceding section
hereof or with the intent that the same shall
be bartered OF sold in violation thereof within
the limits Of said county, or to aid or assist
any person, persons, house, company, asso-
citation 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 any Of the pro visions
of sections one hundred and thirty-three 1881
aud one hundred aud thirty-fou (l34, afore-
said, within the limits Of Montgomery county,
he, she, it or they SHALL on each and every
conviction thereof, forfeit and pay fine OF not
less than one hundred dollars, nor more than
Eve hundred dollars and costs OF prosecution,
and be confined in the Maryland House Of
Correction for not less than three months,
nor more than twelve months, or, In the dis
erection OF the Court, forfeit and pay . fine Of
not less than fifty dollars, nor more than Eve
hundred dollars and costs Of prosecution, and
failing to pay such fine or Ones and costs
forth with, shall be sentenced to be confined
10 the Maryland House Of Correction for
term not less than three months, nor more
than twelve months, or until such hne or
| fines aud costs are paid.
Section 1874 B. That In the trial of any per-
son or persons, or any house, company, as
ISOLATION or body corporate, for violation
OF any o! the preceding sections hereof, IL
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 iii such be the case) q special tax TO
the government OF the United States, under
the Internal Revenue laws thereof, upon or for
his, her, their or Its business, IS 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 In malt liquors
las the case may bel inMontgOmery county,
tor period OF time within which such vio-
lation has occurred, aud TO prove that he,
she, It or they, has or have registered his,
her, their or Its business for said period az
such dealer or dealers with the Collector oil
Internal Revenue for the district Of which
Montgomery county shall form part, aud thai
he, she, 1t or they, made application TO said
Collector TO be so registered; and 1t shall be
lawful for the State, In such case, to offer In
evidence said Internal Revenue laws relat-
ing to said special taxes, and the payment
OF said special tax or taxes upon, and the
registering OF his, her, their or It's 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-
nuelaws, 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 prims facie proof Of such
application, and the pay menl Of said tax and
the application for such registry shall DO
prima facie evidence that the party so paying
and applying 10 engaged In the sale Of intoHi-
eating drinks within the limits Of Montgom-
cry county.
Section 1874 O. Whenever any person shall
charge on oath or affirmation before any
Justice OF the Peace, or any Grand Jury shall
| present, that any person or persons, house,
company, association or body corporate, has
| or have violated the provisions OF section one
hundred and hirty-four Of this Act, and shall
request said Justice Of the Peace 80 70 do,
or 10 case Of presentment by the Grand
Jury, the said Grand Jury shall request the
Court to direct the Clerk Of the Court issu-
ing the warrant, the said Jus.ice Of the Peace
or Clerk OF the Court, upon the direction OF
the Court as aforesaid, shall issue his warrant,
| l.. .uht rh ha hnt nj
| In which the violation 10 alleged TO have oc-
Cured, shall be specifically described directed
to the sheriff or some constable Of said county,
commanding him thoroughly TO search the
described house, building or other place and
the appurtenances thereof, and, II any such
shall be there found, TO take Into bis possession
and safely keep, TO be produced AZ evidence
when required, all into Iicating liquors, II the
same shall be found In quantities and under
conditions 10 suggest that 1t 10 kept Tor sale,
aud all the means for dispensing the samej
all the paraphernalia, or part Of the para
| phernalia Of bar-room or drinking saloon,
and any United States Internal Revenue
Tar Receipt for the sale Of intoxicating
liquors effective for the period Of time cover
ing the alleged onense, and forthwith report
in writing all the facts to the States Attor-
| ney Tor Montgomery county. And any such
into Heating liquors or the means for dis
pensing the same or the paraphernalia or part
Of the paraphernalia OF a bar-room or drink
ing saloon or any United States Internal
Revenue tai receipt for the sale OF inioxicat-
ing liquors effective as aforesaid, shall constl,
tuts prima facie evidence Of the violation Of
the provisions Of section one hundred and
thrty-four Of this Act as charged or pre-
sented. II the accused shall be found guilty,
the intoxicating liquors so seized OF him.
her, them or 1t, shall after the trial and time
for writ Of error, II no writ OF error Is taken,
be destroyed by the Sheriff, and the other
property be held as the property OF the said
accused or owner. n the accused shall be
found not guilty the whole shall be 30 held
as bis, her, their or lis property or the prop
erty Of the real owner.
Section 1874 d. That 10 any indictment I'M
der this Act for violations Of the provision OF
the preceding sections hereof, II shall not be
necessary 10 specify the particular kind OF
liquor or liquors which any person or persons,
| house. company association or body corporate