Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1909-03-12

and to prove that he, she, it or they has o
have registered his, her or their or its bust
ness for said period as such dealer or deal
ers with the Collector of Internal Revenue
for the District Of which Montgomery coun.
ty shall form a part and that he she, il
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 evil
dence said internal revenue laws relating
to said special taxes, and the payment Of
said special tax or taxes upon, and the
registering of his, her, their or its said
business may be proved by 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 revenue laws made and attest
ed by said Collector, or any of his depu-
ties, or sworn to by any person who has
examined the books of said Collector, shall
be prima facie proof of such application,
and the payment of said tax and the APP
plication for such registry shall be prima
facie evidence that the party so paying
and applying is engaged in the sale of in
toxicating drinks withint the limits of Mont
gomery county.
Sec. 134C 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 cor
p0rate has or have violated the provisions
of Section 1874 of this Act. and shall re-
quest said Justice of the Peace so to do.
or in case of presentment by the Grand
Jury, the Grand Jury shall request the
Court to direct the Clerk of the Court issuing
the warrant. the said Justice of the Peace
or the Clerk of the Court, upon the direc-
ton of the Court as aforesaid. shall issue
his warrant, in which the house. building or
other place in which the violation is alleged
to have occurred shall be specifically des-
cribed, directed to the Sheriff or some Con-
stable of said county, commanding him
thoroughly to search the described house,
building or other place and the apperte-
nances thereof and If any such shall there
be found, to take into his possession and
safely keep, to be produced as evidence
when required. all intoxicating liquors if
the same shall be found in quantities and
under conditions to suggest that it is kept
for sale. and all the means for dispensing
the same all the paraphernalia or part of
the paraphernalia of bar-r00m or drink
ing saloon, and any United States Internal
Revenue tax receipt for the sale of intoxi-
eating liquor effective for the period of
time covering the alleged offense, and
forthwith report In writing all the facts to
the States Attorney for Montgomery Coun-
ty. and any such intoxicating liquors or the
means for dispensing the same or the par
aphernalia or the part of the parapherna-
lia of bar-rOOm or drinking saloon. or any
United States Internal Revenue tax receipt
for the sale of intoxicating liquors effec-
tive as aforesaid, shall constitute prima
facie evidence of the violation of the pro-
visions of Section 1874 of this Act as
charged or presented; If the accused shall
be found guilty the intoxicating liquors so
seized of him, her, them or 1t shall, after
the trial and time of writ of error, If no
writ of error Is taken. be destroyed by the
Sheriff, and the other be held as the pro-
perty of the said accused or owner if the
accused shall be found not guilty the whole
shall be SO held as his, her, their or its
or the property of the real owner.
Sec. 134D. That In any indictment UNI
der this Act for violation of the provisions
of the preceding sections hereof, it shall
not be necessary to specify the particular
kind of liquor or liquors, which any person
or persons, house. company, association or
body corporate battered or sold or solicited
or received orders for the purchase of. or
deposited, kept or had in his, her, their or
its possession with the intent to barter or
sell, or that the same be bartered or sold
in violation of said provisions, but ii shall
be sufficient If the indictment sets forth
that the traverser or traversers bartered
or sold or solicited or received orders
for the purchase of. or deposited, kept or
had in his, her, their or its possession. with
intent to barter or sell, spirituous or fer
mented liquors or intoxicating drinks, or
with intent that the same be bartered or
sold in violation Of said provisions.
March 18th, 1904.