Page images
PDF
EPUB

and determine such case, and, if the accused is found guilty, he, she or they shall be fined as provided in Section five of this act. In case such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood are found in the unlawful possession of or secreted or concealed in, upon or about the premises of any person or persons, company, corporation or association, the officer serving such search warrant shall arrest such person or persons or any member of such company, firm, corporation or association designated in the affidavit for such search warrant as the person or persons under whose supervision or under whose control or management, or with whose knowledge such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, were retained in the unlawful possession of or secreted or concealed by such person, persons, company, firm, corporation or association or persons acting for them, and bring him, her or them before said Justice of the Peace or Police Judge to be tried for the misdemeanor described in the next section of this act.

SEC. 5. Illegal use of containers; penalties.-It is hereby declared to be unlawful hereafter for any person, persons, company, firm, corporation or association, without the written consent of the owner or owners thereof, to fill or cause to be filled any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, belonging to or owned by any person, company, firm, corporation or association that has complied with the provisions of Section one of this act, with anything for sale or with anything that will interfere with the use thereof by the owner thereof, or to sell, cause to be sold, dispose of or cause to be disposed of, buy or cause to be bought, with the intent to defraud the owner or owners of such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, traffic or trafficked in, or to wantonly destroy or cause to be wantonly destroyed, any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, mentioned and described in and protected by Section one of this act, not purchased from the owner or owners thereof, after the owner or owners thereof have complied with the provisions of Section one of this act; and every person or persons, firm, corporation or association that shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum of one dollar for every bottle, syphon, can, keg, barrel, hogshead or other enclosure made of glass, metal or wood, so filled or caused to be filled, sold or caused to be sold, disposed of or caused to be disposed of, bought or caused to be bought with the intent to defraud the owner or owners thereof, trafficked in or caused to be trafficked in, wantonly destroyed or caused to be wantonly destroyed; and a fine of five dollars for every subsequent offense as herein defined, such fines to be recovered and enforced as other fines are now recovered and enforced by law. All fines so recovered, when collected, shall be paid over to and become a part of the school fund.

SEC. 6. Officers of corporations liable.—If any act prohibited and made unlawful by the foregoing section is done or committed by any company, firm, corporation or association, any officer of such company, firm, corporation or association may be prosecuted therefor, and in any proceeding under this act, the doing of such act shall be prima facie evidence that such officer of such company, firm, corporation or association had knowledge that the prohibited act complained of was done or committed in violation of the provisions of this act.

SEC. 7. Repeal.-All acts and parts of acts inconsistent herewith or coming in conflict therewith are hereby repealed. (Acts of 1903, ch. 158, p. 282.)

IOWA.

DAIRY PRODUCTS.

SEC. 1. Certified report; penalty.-That section twenty-five hundred and twenty-two (2522) of the code [Bul. 69, p. 123] be and the same is hereby amended by striking out all of said section after the words [word] "reports" in the ninth line thereof and by adding the words:

"Within thirty days after receiving the proper blank form from the dairy commissioner and shall certify to the correctness thereof. Whoever shall violate any provision of this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days." (Supplement to Code, 1902, p. 261, as amended April 10, 1902, Laws of 1902, ch. 102, p. 64.)

48

KANSAS.

CANDY.

SEC. 1. Adulteration prohibited.—No person shall, by himself, his servant, agent, or employee, or as the servant, agent or employee of any other person or corporation, manufacture for sale, or knowingly sell or offer to sell, any candy adulterated by the admixture of terra alba, barytes, talc, or any other mineral substance, or by poisonous colors or flavors, or other ingredients deleterious or detrimental to health.

SEC. 2. Penalty.-Whoever knowingly violates any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof be fined in a sum not exceeding one hundred dollars nor less than fifty dollars, or by imprisonment in the county jail not to exceed three months, or by both such fine and imprisonment; and as a part of the judgment of the court such candy so adulterated shall be forfeited and destroyed.

SEC. 3. Prosecution.-It is hereby made the duty of the county attorneys of this State to appear for the State and to attend to the prosecution of all complaints under this act in all the courts in their respective counties.

SEC. 4. Repeal.-All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 5. Date of effect.-This act shall take effect and be in force from and after its publication in the official State paper. (Approved, March 11, 1903. Published in official State paper, March 19, 1903. Laws of 1903, ch. 118, p. 174.)

26721-No. 83, pt I-04-4

49

MARYLAND.

BEVERAGES.

81a. Misrepresentation of malt or spirituous liquors; penalty.-No person shall manufacture, sell or offer for sale, or order or permit any employe or other person to sell or offer for sale, either at wholesale or retail, any malt extract, beer, porter, ale or stout unless the same shall have been brewed and fermented as such; and any person or corporation or officer or agent thereof violating this provision, or any person or corporation or officer or agent thereof selling or offering for sale, or ordering or permitting any employe or other person to sell or offer for sale any beer (to which coloring matter or porteine has been added) representing the same to be malt extract or porter or other beverage, or any malt or spirituous liquor other than by its proper name, shall be deemed guilty of a misdemeanor, and punished by imprisonment for not longer than one year, or by a fine not exceeding five hundred dollars, or by both fine and imprisonment, in the discretion of the Court having jurisdiction.

SEC. 2. Date of effect.-This Act shall take effect from the date of its passage. (Code of Public General Laws, art. 43, added by law of April 8, Laws of 1902, ch. 606, p. 869.)

201. Filing and advertising of trade names and marks.—Any and all persons, partnerships or bodies corporate engaged in manufacturing, bottling, selling or dealing in minerals, soda or aerated waters, wines, beer, lager beer, weiss beer, white beer or other beverages in kegs, boxes, trays, carriers, crates, founts, bottles, syphons, jugs, tins, barrels, casks or any other vessels, with his, her, its or their name or names or other marks or devices printed, branded, stamped, stenciled, engraved, etched, blown, impressed or otherwise produced upon such kegs, boxes, trays, carriers, crates, founts, bottles, syphons, jugs, tins, barrels, casks or any other vessel, may file with the clerk of the Circuit Court of the county in which his, her, its or their principal office or place of business (or in the case of a foreign corporation, its principal office or place of business or agency) is located, or with the clerk of the Superior Court of Baltimore City, should such principal office or place of business (or agency as the case may be) be located in the city of Baltimore, a description of the name or names, marks or devices, so used by him, her, its" or them respectively, and cause such description to be printed twice a week, for two successive weeks, in some daily newspaper published in Baltimore city, if the said principal office or place of business (or agency as the case may be) is located in said city, or if the said principal office or place of business (or agency as the case may be) is located in any of the counties of this State, then in some newspaper published in said county once a week for two successive weeks. The description of the name or names, marks or devices, before being filed as aforesaid, shall be signed by the person or persons filing the same, or in case of a partnership, by one or more of the partners, or in case of a corporation, by one of its officers or one of its managers, and shall be acknowledged by the person or persons signing the same as the act of said person or persons, or if said person or persons sign the same for a partnership or corporation, as the act of said partner

a So in Statutes.

ship or corporation, before any person or officer competent to take acknowledgment of deeds. The publication hereby required need only be a brief description, sufficient for the identification of such name, names, marks or devices, and need not contain a certified copy of the acknowledgment. The provisions of this Act shall apply to all bottles, kegs, boxes, trays, carriers, crates, founts, syphons, jugs, tins, barrels, casks or any other vessels upon which said name or names, marks or devices shall appear as aforesaid, whether or not any of the same shall be in existence at the time of said filing and publications.

202. Records; certifications.-The said several clerks mentioned in the preceding section shall record in some book of record in their custody, respectively, all such descriptions filed with them, and also copies of the said advertisement in the newspaper, certified to by the publishers of said newspapers in which the same have been published, and said respective clerks shall furnish copies thereof duly certified by them in the usual manner to any person who may apply therefor, and shall receive for such recording and such copies the fees paid with respect to bills of sale, and a certified copy of the ŝaid descriptions and of the said advertisement, and the said certificate of the said publishers of the said newspapers, when certified to under the hand of the clerk with whom the same are of record, with the seal of his office attached, shall be evidence that the provisions of the preceding section have been complied with, and shall be prima facie evidence of the title of the person, persons, partnership or body corporate named therein to the said kegs, boxes, trays, carriers, crates, founts, bottles, syphons, jugs, tins, barrels, casks, or any other vessels upon which the name or names, marks or devices of such person, persons, partnership or body corporate may appear as described in said description.

203. Unlawful use and possession; penalties.—After any person, persons, partnership or body corporate shall have filed and published his, her, its or their description of such name or names, marks or devices in accordance with the preceding provisions of this Act, it is hereby declared to be unlawful for any or all other persons, partnerships and bodies corporate to fill in any way any kegs, boxes, trays, carriers, crates, founts, bottles, syphons, jugs, tins, barrels, casks or any other vessels upon which such name or names or other marks or devices shall be printed, branded, stamped, stenciled, engraved, etched, blown, impressed or otherwise produced, with mineral, soda or aerated waters, wine, beer, porter, ale, cider, ginger ale, small beer, lager beer, weiss beer or other beverage, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name or names or other marks or devices thereon, or to have on sale, offer for sale, buy, sell, take, give, receive, handle in the course of business, hire, rent, lend, transport, carry in wagons, carts, push-carts or other vehicles, or to take or collect from ash or garbage receptacles, or from public or private dumps, cellars, yards, lots or premises, or to keep in stock or otherwise store or otherwise dispose of or deal or traffic in the same or any thereof, or any parts or pieces of the same or any thereof, without the written consent of the person, persons, partnership or body corporate whose name or names or other marks or devices shall be or shall have been in or upon said kegs, boxes, trays, carriers, crates, founts, bottles, syphons, jugs, tins, barrels, casks or any other vessels, or to wilfully break, destroy or otherwise injure any of the articles mentioned in this section. And any person, persons, partnership or body corporate who shall do any of the acts declared to be unlawful by this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished, for the first offense by imprisonment of not less than ten days or more than one year, or by a fine of fifty dollars for each of such founts, three dollars for each of such kegs, casks or barrels, and one dollar for each of said boxes, trays, carriers, crates, bottles, syphons, jugs, tins or any other vessels so unlawfully used, filled, kept on sale, offered for sale, sold, bought, given, taken, received, handled in the course of business, hired, rented, lent, transported, carried in wagons, carts, push

« PreviousContinue »