The Republican. [volume] (Oakland, Md.) 1877-current, 1908-05-14

such liquor is kept and issue a 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.
@. No warrant shall be issued to search
a private residence occupied as such IN
less IL or some part of it is used as 2
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
leved 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
herelnbefOre 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-
Vctlon IN such proceedings shall be in
all cases a 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-
tentiun thereof. K When any prose
cUtlOn is commenced before anv Justice
OF the Peace or Court for a violation Of
this Act, and the liquor seized under
this section is 10 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 a
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 p0liti-
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 a
penalty to be fixed by the presiding
111ffra s,,5l ,r-tl
be approved by him, contest the validity
of such election by filing a 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-
peryisors of elections with whom the
petition for such election was fleC,
notifying such supervisors of election,
Of the fling of sand petition and direct
ing them to appear in such Court on be-
nalf OF such political subdivision at the
time named in the summons, which
time shall be not less than FIVE nor more
than fifteen davs after the filing of
such petition. The procedure in such
cases shall be the same as that provided
by law for contesting an election to .
pubic Office, so far as the same is ap-,
DIcable. The said Court shall have
5lnal jurisdiction to hear aud determine
the merits of such cases. Any legal
voter in the political subdivision in
winch such election shall have been
held, may be permitted by the Court in
Its description to appear in person or
10y attorney III any such contested cleo
non case in defence Of the validity of
such election.