The Republican. [volume] (Oakland, Md.) 1877-current, 1908-05-21


State of Maryland Garrett county towit:
Greeting
Whereas there has been filed with the
undersigned an affidavit of which the
following is a copy:
here copy affidavit
These are therefore to command YOU
in the name of the State of MARYLAND
together with the necessary and proper
assistance to enter ihto--- there
describe house or place described in the
affidavit) of the
in the county aforesaid and there
diligently search for the said intoxicat-
ing liquor and means used for the sale
Of same there describe the articles as
in the affidavit) and that you bring the
same or any part thereof found in such
search forthwith before me to be dis
posed Of and dealt with according to law.
Given under my hand this-----day
Of-----A. D.
Such liquor and means used for the
sale Of same shall be held subject to the
order Of the Justice Of the Peace or
Court issuing the warrant to be used as
evidence in the prosecution of any case
for the violation of this Act c. If
fluids be poured out or otherwise des-
ny - ~ 4i1ii sllN ~ tIllIoto dlt oGdICIlEu
or about to be searched, said fluids shall
be held prima facie to be Intoxicating
liquors and intended for sale in violation
Of this Act. D. If upon final Judgment
of the Justice of the Peace or Court the
accused shall be found guilty, the in
tOyicating liquor seized from him shall
after the time for appeal has expired
and if no appeal is taken, be ordered to
be destroyed and the other property
shall be held as property of the accused
or owner. If the accused shall be found
not guilty the whole Of the property
seized shall be returned to the person
from whom it was taken. Z. When
any liquor shall have been seized by
virtue Of such warrant the same shall
not be discharged or returned to any
person claiming the same reason of any
alleged in sutficiency in the description
IN the complaint or warrant Of the
liquor or place; but the claimant shall
be entitled to q hearing when the case
IS tried. F. If no one is found in pos
session Of the premises where intoxicat-
ing liquor may be found the officer tax
ing the same shall post in a conspicuous
place on said premises a copy of his
warrant and take possession of such
liquor and means used for the sale of
the same and hold them subject to the
order Of the Court or Justice of the
Peace issuing the warrant and make
return Of his dOlngs thereon Whereupon
1t shall be the duty of the justice of the
peace or Court to fix time for hearing
and determining the purpose for which
such liquor is kept and issue a notice
thereof to the officer who shall post
copy thereof on the premises where the
liquor were found. If no one appears
at the time fixed for said hearing. nor
within thirty days thereafter, to claim
such liquor and means used for the sale
Of same, the Justice of the Peace or
Court shall order the same DESTROYED.
u. No warrant shall be issued to search
a private residence occupied as such IN
less 1t or some part Of it is used as a
store or shop, hotel, or boarding house,
or unless such residence is a place of
public resort. H. The person making
affidavit for the warrant to search any
place where Intoxicating liquor is be-
heVed to be disposed OF contrary to this
Act, may personally or by agent accom-
pany the officer who serves the warrant
and enter the place with such officer
and give information and assistance to
such IN searching such places for such
Intoxicating liquor; j. Liquor seized as
herelnbetOre provided, and the means
used for the sale Of the same shall not
be taken from the custody Of the officer
by writ Of replevin or other process
while the proceedings herein provided
are pending, and final judgment of con-
vlction in such proceedings shall be in
all cases bar to all suits for the re-
cCvery Of any liquor seized or the value
Of the same, or damages alleged to
arise by reason Of the Selling and de-
tention thereof. X. When any prose-
cutlon is commenced before any Justice
Of the Peace or Court for a violation of
this Act, and the liquor seized under
this section is to be used as evidence in
such trial, the hearing must take place
IN not more than thirty days if such
Court be then in session, and if it be
not in session if at the time appointed
for the trial the returns have not been
properly made, or for other sufficient
cause, the trial may be postponed to
further date, not more than fifteen DAYS
beyond said thirty days. l.. The word
liquor when used in this Section unless
the same be inconsistent with the con-
text, shall be construed to include the
vessels containing the same. The
phrase 'meanS used for the sale of
same" shall include all furniture, i'm
plements, or paraphernalia of a bar
room or drinking saloon or any part of
same, and any United States internal
revenue tax receipt effective for the
period Of time covering the alleged of
Tense.
SEC. "a. And be it further enacted,
that any five legal voters of any politi-
cal subdivision in which an election
shall have been held as provided for in
this Act may, within ten days after the
canvass of the returns of such election,
and upon filing a bond for costs in
penalty to be fixed by the presiding
judge, and with surety or sureties to
be approved by him. contest the validity
of such election by filing verified petit
ton in the Circuit Court for Garrett
County, setting forth the grounds for
the contest. Upon the filing of such
petition a summons shall forthwith issue
from such Court addressed to the su-
pervisors of elections with whom the
petition for such election was filed,
notifying such supervisors of election,
of the fling Of said petition and direct
ing them to appear in such Court on be-
balf of c,,cb ,Nn1,tiool e,,b o. H.