The Republican. [volume] (Oakland, Md.) 1877-current, 1908-05-28

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 said----of--
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 affidavitl and that you bring tbs
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-
/ trOyed when the premises are searched
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
tOXicating 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. E. 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 sufficiency in the description
in the complaint or warrant of the
! liquor or place; but the claimant shall
| be entitled to 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 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 doings thereon whereupon
it shall be the duty Of the justice of the
| peace or Court to fix a time for hearing
and determining the purpose for which
! such liquor is kept and issue notice
| thereof to the officer who shall post a
| 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.
! e. No warrant shall be issued to search
private residence occupied as such I'M
! less 1t or some part of it is used as
| 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-
/ lieyed 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; ]. Liquor seized as
! hereinbefore 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-
vlctlon in such proceedings shall be in
/ all cases bar to all suits for the re-
| cOvery of any liquor seized or the value
| Of the same, or damages alleged to
arise by reason Of the Selling and de-
tention thereof. K. When any prose-
cution IS commenced before any Justice
Ir,F h. r L. q
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 ''n1eans used for the sale of
same shall include all furniture, i'm
plements, or paraphernalia of 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 a 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 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-
half of such political subdivision at the
time named in the summons, which
time shall be not less than five nor more
than fifteen DAYS after the filing of
such petition. The procedure in such