Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1904-02-26
Proposed Local Option Law.

Maryland
AN ACT to repeal Article sixteen of th,
Code of Public Local Laws, title "Mont
gomery county" subtitle "LiQuoT and In
toxicating Drinks, section one hundred
and thirty-three (l33,) and section on
hundred and thirty -four (l34, as amend
ed by the act Of eighteen hundred and nine
ty-four, chapter Eve hundred and twenty
eight, and 10 re-enact the following In leI
thereof:
Section l. Be it enacted by the General As.
sembly of Maryland, That section one hund red
and thirty-three (l33, and section one hun.
dred and thirty four (l34) Of the Code Of
Public Local Laws Of the State Of Maryl
as amended by the act of eighteen hundred
and ninety-four, chapter Eve hundred and
twenty-elght, be aud the same are hereby re-
pealed, and the following enacted In lieu
thereof:
Section 1873 That it shall not be lawful fol
any person or persons, or any corporation,
company or association to barter or sell d.
rectly or indirectly, or to solicit or receive
orders for the purchase OF, within the limiti
OF montgomery county, any spirituous OF
fermented liquors or Intoxicating drinks Of
any kind whatsoever, or an article used and
sold as a beverage, In the composition Of
"A'SA "uieAoyI otouuyi htbu WINS VI oiSO-
hol or any spirituous or fermented liquors
shall be an ingredient or ingredients.
Section 1874 That no per on, persons or
any corporation, company or association
shall deposit, keep or have 10 his, her, their
or its possession any spirituous or fermen,ed
liquors or Intoxicating drinks OF any kind
whatsoever, or any article used and sold as u
beverage 10 the composition OF which whis-
key, brandy, high wines or alcoholic, spirit
uous or fermented liquors shall be an ingred-
lent or ingredients with intent 10 barter or
sell in violation Of the preceding section here
OF, or with the intent that the same shall be
oartered or sold in violation thereof within
the limits OF said county, or to aid or assist
any person or persons, or any corporation,
company or association in such barter or
sale.
Section 1886. That II any person or persons.
or any corporation. company or ass Dciation
shall violate any Of the pro visions of sections
one hundred and thirly-three 1881 and one
hund ed aud TART, -four (l34, aforesaid,
within the limits of Montgomery county, he,
she, 1t or they shall, on each and every con-
victlon thereof, forfeit aud pay foe OF not
less than fifty 1907 dollars, nor more than
nVe hundred (oOO) dollars, and costs OF pros
ecuiion, and be- confined in the Maryland
House or Correction for not less than th rec
(3) months, nor more than twelve U2) months,
or, 10 the discretion OF The Court, forfeit and
pay line OF not less than fifty (5O) dollars,
nor more Than i've hundred 5000 dollars aud
costs OF prosecution, aud failing to pay such
hue or hnes and costs forth with, shall be
sentenced to be confined in the Maryland
House OF Correction for q term not less than
three months nor more than twelve Q2)
months, or until such fine or fines and costs
are paid.
Section 1873. That In the trial Of any per-
son or persons, corporation, company or as
ISOLATION, Tor a violation Of any OF the pre-
ceding sections hereof, 1t shall be lawful for
the state TO rroVe that such person or per-
sons, corporation, company or association,
on trial, has or have paid (it such be the case J
special tax TO the government Of the United
States, under the Internal revenue laws there
o. upon or for his, her, their or Its business,
As brewer or brewers, or retail dea Ter or
dealers in liquors, or wholesale dealer deal
ers In liquors, or retail dealer or dealers
In malt liquors, or wholesale dealer or deal
ere IN malt liquors las the case may bel In
montgomery county, tor q period Of time
within which such violation has occurred,
aud 10 prove that he, she, 1t or they has or
nave registered his, her, their or its busin Sc
Tor SAID person ts such dealer or dealers with
the Collector OF internal revenue for the Dis
,rlc' OF which Montgomery county shall form
part, aud that he, she, II or they, made ap.
Pilcalion 10 said Collector TO be so registered;
and it shall be lawful Tor the State, In such
Case, 10 offer in evidence said internal reve.
nue. laws relating to said special taxes, aud
the payment OF st id special tax or taxes upon
and the registering Of his, her, their or its
said business may be proved by a certificate
OF said collector, or any OF his DEPUTIES, or
by the sworn testimony of him or any oil
them; and copy Of the application OF any
person or persons, corporation, company or
association, tor registry under said revenue
laws, made and atiesled by said Collector, or
any OF his depu ties, shall be prima-fAcie proof
OF such application, and the pay ment Of said
tax and the application tor such registry shall
Do Prima-facie evidence that the party so pay
ing and applying Is engaged In the sale Of i'm
toxicating drinks within the limits Of Mont
gomery county.
Section 1877. Whenever any person shall
make complaint on oath or affirmation before
any Justice Of the Peace, or any Grand Jury
shall present, that any person or persons, cor
PoratIon, company or association, has or
have violated the provisions of this act, and
shall request said Justice Of the Peace 90 to
do, or 10 case of presentment by the Grand
Jury, the said Grand Jury shall request the
Clerk OF the Circuit Court issuing the war
rant, the said Justice OF the Peace or Clerk
OF the Circuit Court shall issue his warrant, Ia
which said house, building or other place
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 shal
be there found, to take into his possessi on
and safely keep, TO be produced as eviden ce
when required, all intoxicating liquors, n the
same shall be found In quantities and under
conditions 10 suggest that II 10 kept for sale,
and all the means for dispensing the same
all the paraPhernalia, or part OF the para
phernalia Of a bar-room or drinking saloon.
and any uneIpired United States Internal Rev
enue fax Receipt for the sale Of into Heating
liquors, and forthwith report 10 writing all
the tacts to the States Attorney Tor said
county. II the person accused shall be fou nd
guilty, the Intoxicating liquors so seized OF
him shall, after the trial aud time for writ
Of error, IL no writ Of error is taken, be de-
stroyed by the sheriff and the other property
be held As the property OF said accused or
owner II the person accused shall be iou nd
not guilt the whole shall be 80 held as bis
property or he property Of the real owner
Section 1873. That any indictment under
this act for violations Of the provision OF
the preceding sections hereof, IL shall not be
necessary 10 specify the particular kind Of
liquor which any person or persons, corpora.
iion, company or association bartered or
sold or solicited or received orders for the
purchase OF or deposited, kept or had 10 his,
her, their, or It's possession with intent to
barter or sell, or that the same be bartered
or sold in violation Of said provisions; but
IL RhaIl be sufficient n the Indictment sata