Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-04-01
NEW LOCAL OPTION LAW.

Article 10 of the Code Of Public Loca
Laws, title Montgomery County" sub
title Liquor and Intoxicating Drinks, y
as amended by the Act Of 1894, chapter
b28, and to re-enact the same with amend
ments, and TO add additional sections to
said Article l6 to be designated as "Sec-
tons l34 A, l34 B, l34 @, l34 D and 1874
g. and to repeal all Acts and parts of Acts
incc nsistent herewith.
Section l. Be 1t enacted by the General
Assembly Of Maryland, That sections l33 aud
1874 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the same are hereby repealed and re enacted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
added to said Article l6, to designated "Sec.
tons l34 A, l34 B, 1874 @, l34 D and 1874 K,
30 that said sections 1873, l34, l34 A, 1874 b,
l34 O, 1874 d and l34 (, 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 an = article used and
| sold as q beverage, in 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 Its possession any spirituous or
fermented liquors or intoxicating drinks OF
any kind Whatsoever, or any article used and
sold as beverage in the composition of which
whiskey, brandy, high wines or alcoholic,
spirltuous or fermented liquors shall be an in
gredient or ingredients, with intent TO barter
or sell in violation Of the preceding section
hereof, or with the intent that the same shall
be bsrtered 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, In 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 aud thirty-three 1881
aud one hundred aud thirty-four (l34, afore-
said, within the limits Of Montgomery county,
he, she, IL 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 five
hundred dollars and costs Of prosecution, and
failing to pay such fine or fines and costs
forth with, shall be sentenced to be confined
in the Maryland House Of Correction for .
term not less than three months, nor more
than twelve months, or until such fine or
fines and costs are paid.
Section l34 B. That In the trial Of any per-
son or persons, or any house, company, as
ISOLATION or body corporate, for violation
Of any Of the preceding sections hereof, 1t
shall be lawful for the State TO Prove that
such person or persons, house, company, as
ISOLATION or body corporate, on trial, has or
have paid III such be the easel 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, as brewer or
brewers, or retail dealer or dealers In liquors,
or wholesale dealer o dealers In liquors, or
retail dealer or dealers in malt liquors, or
wholesale dealer or dealers Ia malt liquors
las the case may be) inMOntgomery county,
TOR period Of time within which such vio-
lation has occurred, aud TO prove that he,
she, 1t or they, has or have registered his,
her, their or its business for said period as
such dealer or dealers with the Collector Of
Montgomery county shall form part, and that
he, she, II 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 sR i'd special tax or taxes upon, and the
registering Of his, her, their or its said BUSH
ness, may be proved by q 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 10 by any
person who has examined the books OF said
Collector, shall be prima facie proof Of such
application, add the payment OF said tax and
the application tor such registry shall be
prima facie evidence that the party so paying
and applying Is engaged In the sale OF intoxi-
eating drinks within the limits of Montgom-
cry county.
Section 1874 q. 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 90 TO do,
or In 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 Justice Of the Peace
or Clerk 9th Court, upon the direction Of
the Court as aforesaid, shall issue his warrant,
in which the house, building or other place
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, aud, II any such |
shall be there found, to take into his p0ssessi on
and safely keep, TO be produced es evidence
when required, all Intoxicating liquors, II the |
same shall be found In quantities and under
conditions 10 suggest that 1t Is kept for sale,
and all the means for dispensing the same;
all the paraphernella, or part OF the para |
phernalia Of a 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 offense, and forthwith report
10 writing all the facts TO the States Attor-
ney Tor Montgomery county. And any such |
intoxicating 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 tar receipt for the sale of intoHicat-
ing liquors effective a. Aforesaid, shall consti.
tule prima facie evidence Of the violation OF
the provisions Of section one hundred and |
lhirty-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 IT, 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. II the accused shall be
found not guilty the whole shall be 80 held
as bis, her, their or itS property or the prop
erty Of the real owner.
Section 1874 D. That In any indictment I'M
der this Act for violations Of the provision Of
the preceding sections hereof, 1t shall not be
necessary 10 specify the particular kind Of
liquor or liquors which any person or persons,
house, com pan J, association or body corporate
bartered or sold, solicited or received orders
for the purchase Of or deposited, kept or had
In his, her, their or its possession with inten
10 barter or sell, or that the same be bartered