Chap. 1141. —An ACT to amend and re-enact an act approved February 17.
1890, (acts 1889 and 1890), as amended by an act approved February 12.
1892, (acts 1891 and 1892, page 326), to protect the owners of bottles, boxes,
siphons, and kegs used in the sale of soda water, mineral or aerated waters,
porter, ale, cider, ginger ale, milk, cream, small beer, white beer, weiss
beer, lager beer or other beverages, medicines, and perfumery, and fix the
punishment for unlawful having, handling, using, trafficking in or dis-
posing of such bottles, boxes, siphons, and kegs, and to provide when and
how a search warrant may be issued to discover and obtain the same,
and to declare and define what shall be deemed unlawful having, handling.
dealing, and traflicking in same.

Approved March 7, 1900.

1. Be it enacted by the general assembly of Virginia, That an act
approved February seventeenth, eighteen hundred and ninety, chapter
seventy-one, page fifty-three of session acts of eighteen hundred and
eivhty-nine and eighteen hundred and ninety, as amended by the act
of the general assembly of Virginia, approved F ‘ebruary twelfth, eighteen
hundred and ninety-two, chapter two hundred and four, page three
hundred and twenty-six of session acts of eighteen hundred and ninety-
one and eighteen hundred and ninety-two, be amended and re-enacted
go as to read as follows:
$1. Be it enacted by the general assembly of Virginia, That any and
all persons and corporations engaced in nianufac turing , bottling, or sell-
ing soda water, mineral or aerated waters, small beer > lager beer, welss
beer r, white beer, or other beverages, or medicines, medical preparations,
perfumery compounds, or mixtures, in bottles, siphons, tins, or kegs,
with his, her, its, or their names or other marks and devices, branded,
stamped, engraved, etched, blown, impressed, or otherwise produced upon
such bottles, siphons, tins, kegs, or boxes, and by him, her, it, or them,
shall annually file on or before the first day of May in the clerk’s office
of the county or corporation court of the county or corporation in which
his, her, its, or their principal place of business is situated, or in the
clerk’s office of the chancery court of the city of Nichmond, if said prin-
cipal place of business is situated in said city, and shall also file annually
on or before the first day of Mav in the otlice of the seeretary of the com-
monwealth a description of the name or names, marks, or devices so
used by him, her, it, or them, respectively, and cause such description
to be printed, once in each week, for three weeks successively, In a news-
paper published in the county or corporation in which said notice has
been filed as aforesaid; and if there be no newspaper published in the
county or corporation in which said notice has been filed as aforesaid,
then in the newspaper published nearest to that county or corporation.
If any such person or persons, corporation or corporations, so engaged in
manufacturing, bottling, or selling soda waters, mineral or aerated
waters, small beer, laver beer, weiss beer, white beer, or other beverages,
or medicine, medical preparations, perfumery compounds or mixtures,
in bottles, siphons, tins, kegs, or boxes, with his, her, its, or their names
or other marks and devices printed, stamped, engraved, etched, blown
impressed, or otherwise produced upon such bottles, siphons, tins, kegs,
er boxes used by him, her, it, or them, be not a resident of the state of
Virginia, and have not a principal place of business in the state of
Virsinia, but be engaged in bottling, selling, and manufacturing as
atorestid, within the state of Virginia, “he, she, ‘it, or they shall annually,
on or before the first day of May, file in the clerk's office of the chancery
court of the city of Richmond, Virginia, and shall also file annually on
or before the first day of May in the otlice of the secretary of the com-
monwealth of the state of Virginia, a description of the name or names,
marks, or devices so used by him, her, it, or them, respectively, and cause
such description to be printed once in each week for three weeks suc-
eessively, In a newspaper in the said city of Richmond, and a copy of
such description and publication shall be posted by every person and
corporation engaged in manufacturing, bottling, and selling as aforesaid.
whether he, she, it, or they be a resident or a non-resident of the state of
Virginia, in some conspicuous place in the principal office of such person
or corporation in each city, town, or county wherein it is engaged in
such manufacturing, bottling, or selling: and if such person or corpora.
tion have no principal office in any particular town, city, or corporation
then it shall not be necessary to post such deseription. and publication
in such town, city, or corporation. A certified copy of the description
of the names, marks, or devices referred to in this act and filed in the
office of the secretary of the commonwealth shall be conclusive evidence
in the trial of any case arising under the provisions of this act. For
filing such paper or giving such copy said secretary of the common-
wealth may make a reasonable charge not exceeding five dollars in each
case.

<2. It shall be unlawful for any person or persons, corporation or
corporations, to take, receive, keep, sell, use or dispose of except for the
purpose of taking, using or selling the contents thereof, or to destroy
or to fill with soda waters, mineral or aerated waters, porter, ale, cider,
ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white
beer, or other beverages, or with medicine, medical preparations or per-
fumery, bottles, boxes, siphons, tins, or kegs so marked or distinguished
as aforesaid, with or by any name, mark or device of which a description
has been filed and published, as provided in section one of this act;
or to deface, erase, obliterate, cover up, or otherwise remove or conceal
any such name, mark, or device thereon; or to sell, buy, give, take, or
otherwise dispose of or traflic in such bottles, boxes, siphons, tins, and
kegs without the written consent of, or unless the same have been pur-
chased by an agreement in writing, from the person or persons, cor-
poration or corporations, whose mark or device shall be or shall have
been in or upon such bottle, box, siphon, tin, or keg so filled, trafficked
in, used or handled as aforesaid. ‘The sale of soda waters, mineral or
aerated waters, porter, cider, ale, ginger ale, milk, cream, beer, lager
beer, weiss beer, or other beverages, medicine, medical preparations,
perfumery, compounds, or mixtures in any such bottle, box, siphon, tin
or keg so marked and distinguished as aforesaid, with or by any name,
mark, or device of which a description shall have been filed and pub-
lished as provided in section one of this act, shall not be held, regarded,
taken, considered, or treated as the sale of any such bottle, box, siphon,
tin, or keg; but such bottle, box, siphon, tin, or keg shall be held, deemed,
considered, and taken to be the package used in the disposition or sale
of such soda waters, mineral or acrated waters, porter, ale, cider, ginger
ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer
or other beverages, medicine, medical preparations, perfumery, com-
pounds, and mixtures, and the purchaser of such soda waters, mineral
or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small
beer, lazer beer, weiss beer, white beer or other beverages, shall have no
claim, right, or title to said bottle, box, siphon, tin, or keg, and the
sale, disposal of or traflicking in such bottles, boxes, siphons, tins, and
kegs bv any person to whom the contents thereof have been sold, and
the purchasing or trafficking in any such bottles, boxes, siphons, tins.
and kegs from or with the person or persons to whom the contents of
such bottles, boxes, siphons, tins, and kegs have been sold shall be
unlawful. Any person or persons, corporation or corporations, offend-
ing against the provisions of this section shall be deemed ‘guilty of a
misdemeanor, and shall be punished for the first offense by imprison-
ment for not less than ten days nor more than one year, or by a fine
of fifty cents for each and every bottle, box, siphon, tin, or keg so
filled, sold, used, destroyed, disposed of, bought, or trafficked in, or hy
both such fine and imprisonment, and for each subsequent offense hy
imprisonment for not less than twenty days nor more than one year, or
bv a fine of not less than one dollar nor more than five dollars for each
and every hottle, box, siphon, tin, or keg so filled, sold, used, disposed
of, destroyed, bought, or trafficked in, or by both such fine and im-
prisonment in the discretion of the justice or jury by whom the olfense
shall be tried, but no person shall be deemed guilty of any subsequent
offense under the provisions of this seetion, except on proof of con-
meuion of each former offense.

$3. The use by any person other than the person or persons, corpora-
tion or corporations, whose device, name or mark shall be, or shall have
heen, upon the same without such written consent as aforesaid, of any
such marked or distinguished bottle, box, siphon, tin, or keg, when a
deseription of the name, mark, or device thereon shall have been filed
and published, as herein provided, for the sale therein of soda waters,
mineral or aerated waters, porter, ale, cider, ginger ale, milk. ercam,
beer, small beer, lager beer, weiss beer, white beer or other beverages,
or of any articles of merchandise, medicine, medicinal preparations, per-
furnery compounds, mixtures or preparations, or for the furnishing of
such or similar beverages to consumers, or the buying, selling, using,
disposing of or trafficking in any such bottles, boxes, siphons, tins, or
kegs, by any person other than said persons or corporations having his,
her, its, or their name, mark, or device thereon, or the having by any
junk-dealer or dealers in second-hand articles, vender of bottles, and so
forth, possession of any such bottles, boxes, siphons, tins, or kegs, a
description of the name, marks, or devices whereon shall have been so
filed and published, as aforesaid, shall, and is hereby, declared to be
presumptive evidence of the said unlawful use and purchase of and
traflicking in such bottles, boxes, siphons, tins, or kegs.

$4. The title or ownership of all boxes, bottles, tins, siphons, and
kegs so marked and distinguished as provided in this act, a description
whereof has been filed and published as hereinbefore mentioned, shall
pass and be acquired only by an instrument in writing, duly signed and
sealed by the person or corporation whose name, mark, design, or device
is or has been impressed, branded, or blown on such bottles, boxes,
siphons, tins, and kegs, a description whereof has been duly recorded,
published, and posted as herein provided,

$5. Whenever any person, persons, or corporation mentioned im see-
tion one of this act, or his, her. its, or their agent shall make oath before
any police justice or justice of the peace that he, she, or it has reason
to believe, and does believe, that within the citv or town of such police
justice or within the county of such justice of the peace, any of his,
her, its, or their bottles, boxes, siphons, tins, or kegs, a description of
the names, marks, or devices whereon has been so filed and published
as aforesaid, are being unlawfully used, filled, taken, destroyed, or in
the possession of any person or corporation, or has been secreted in
any place by such person or corporation, the said police justice or justice
of the peace before whom such oath is made, must thereupon issue
a warrant to discover and obtain the same, and may also issue his war-
rant, stating the offense charged, and cause to be brought before him
the person in whose possession said bottles, boxes, siphons, tins. or
ke rs are found, or by whom they have heen destroyed, and shall then
inquire into the circumstances of such possession: and if said police
justice or justice of the peace finds that such person has heen guilty of
a violation of section two of this act, he must impose the punishment
therein prescribed, and he shall award possession of the property taken
upon such warrant to the owner thereof.

§ 6. Any person convicted under the provisions of the preceding sec-
tion shall have the right to appeal from the decision of such police justice
ur justice of the peace, to the county, corporation, or hustings court,
and shall, unless let to bail, be committed to jail until the next term of
such court, and the witnesses shall be recognized to appear at the same
time. The justice shall return and file all of the papers in each case
with the elerk of the court.

&%. The appeal shall be tried without formal pleadings in writing,
and the aceused shall be entitled to trial by jury in the same manner
as if he had been indicted for the offense in said court.

§ 8. In every case of acquittal by a police justice or justice of the
nents, if he believes the charge was made maliciously and without
probable cause, he may render judgment for the costs against the prose-
cutor.

§ 9. Chapter eighty-five of the code of Virginia is hereby repealed.

8 10, This act shall be in force from its passage.