Chap. 261.—An ACT to amend and reenact an act approved February 17
18980 (acts 1889-90), as amended by an act approved February 12, 189:
(acts 1891-982) as amended by an act approved March 7, 1900 (acts 1899
1900), to protect the owners of bottles, siphons, siphon heads, tins, kegs
crates and boxes, used in the manufacture and sale of soda waters, min
eral or aerated waters, cider, ginger, ale, milk, cream, ice cream, sof
drinks, or other beverages, medicine and perfumery, and to fix the pun.
ishment for unlawful buying, having, handling, using, trafficking in o1
disposing of such bottles, siphons, siphon heads, tins, kegs, crates, anc
boxes, and to provide when and how a search warrant may be issued tc
discover and obtain the same, and to declare and define what shall be
deemed unlawful buying, having, handling, using, disposing of, dealings
and trafficking in the same. [H B 56]

Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That ar
act approved February seventeenth, eighteen hundred and ninety
chapter seventy-one, page fifty-three of session acts of eighteen hun-
dred and eighty-nine and eighteen hundred and ninety, as amended
by the act of the general assembly of Virginia, approved February
twelfth, eighteen hundred and ninety-two, chapter two hundred
and four, page three hundred and sixty-six of session acts of eigh-
teen hundred and ninety-one and ninety-two, as amended by the
act of the general assembly of Virginia, approved March seventh.
nineteen hundred, chapter eleven hundred and forty-one, page twelve
hundred and forty-two, of the session acts eighteen hundred and
ninty-nine and nineteen hundred, be amended and re-enacted so as
to read as follows:

Section 1. Any person or corporation engaged in manufactur-
ing, bottling or ‘selling soda waters, mineral or aerated waters,
cider, ginger ale, milk, cream, ice cream, soft drinks, or other bever-
ages or medicines, medical preparations, perfumery, oils. compounds
or mixtures, in bottles, siphons. tins, crates or kegs, with his, her,
its or their names or other marks or devices branded, stamped, en-

aved, etched, blown, impressed or otherwise produced upon such

ttles, siphons, siphon heads, tins, crates, or kegs, or the boxes
used by him or it, may file in the office of the clerk of the county
or corporation court in which his or its principal office of business
is situated or in the clerk’s office of the chancery court of the city
of Richmond, if said principal office of business is situated in said
city, or if such person or corporation shall manufacture or bottle
out of this State, then in any county in this State, and also in the
office of the secretary of the Commonwealth. a description of the
name or names or marks or devices so used by him, her, it or them
and cause such description to be printed once in each week, for
three weeks successively, in a newspaper published in the county
or corporation in which said description mav have been filed as
aforesaid, and if there be no newspaper published in the county
or corporation in which said description has been filed as afore-
said, then in the newspaper published nearest to that county or
corporation, and he, her, it or they shall therenpon be deemed the
proprietor of such name, mark or device, and of every vessel or
receptacle upon which it may be branded, stamped, engraved, etched,
blown, impressed or otherwise produced.

A certified copy of the description of the names, marks or de-
vices referred to in this act and filed in the office of the secretary
of the Commonwealth, shall be prima facie evidence of the owner-
ship of such bottles, siphons, boxes, crates, tins or Kees 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.

Sec. 2. It is hereby declared to ‘be unlawful for any person or
corporation to fill with soda waters, mineral or aerated waters,
cider, ginger ale, milk, or soft drinks, or other beverages or with
medicine, medical preparations, perfumery, oils, compounds or mix-
tures, any bottle, box, crate, tin or keg so marked or distinguished
as aforesaid, with or by any name, mark, or device, of which a
description shall have been filed and published, as provided in
section one, 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, receive, or otherwise dispose of or traffic in the
same without the written consent of, or unless the same shall have
been purchased by an agreement in writing, from the person or
persons, corporation or corporations, whose mark or device shall
be or shall have been in or upon the bottle, siphon, siphon head,
crate, tin or keg so filled, trafficked in, used or handled as aforesaid.
Any person or corporation offending against the provisions of this
section shall be deemed guilty of a misdemeanor, and shall be pun-
ished for the first offense by imprisonment not less than ten days,
nor more than one year, or by a fine of five dollars, and in addition
thereto fifty cents for each and every such bottle, box, siphon, siphon
head, crate, tin or keg so filled, sold, disposed of, received, bought
or trafficked in, or by both such fine and imprisonment, and for
each subsequent offense by imprisonment not less than twenty days
nor more than one year, or by a fine of not less than fifty dollars,
and in addition thereto one dollar for each and every bottle, box,
siphon, crate, tin or keg filled, sold, used, disposed of, received
bought or trafficked in, or by both such fine and imprisonment, in
the discretion of the judge or jury before whom the offense shall

tried. |

Sec. 3. The use by any person other than the person or persons,
corporation or corporations, whose device, name or mark shal] be or
shall have been upon the same without such written consent as afore-
said, of any such marked or distinguished bottle, box, siphon, siphon
heads, crate, tin or keg, filed and published, as herein provided
for the sale therein of soda water, mineral or aerated waters cider,
ginger ale, milk, cream, soft drinks or other beverages, or of any
articles of merchandise, medicines, medical preparations, perfumery
oils, compounds, mixtures or preparations, or for the furnishing
of such or similar beverages to customers, or the receiving, buying
selling, using, disposing of or trafficking in any such bottles, boxes,
siphon, siphon heads, crates, 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 deal-
ers in second-hand articles, venders of bottles and so forth, posses-
sion of any such bottles, boxes, siphons, siphon heads, crates, tins,
or kegs, and description of the marks, names or devices whereon
shall have been so filed and published, as aforesaid, shall, and it
is hereby declared, to be presumptive evidence of the said unlawful
use and purchase of and trafficking in such bottles, siphons, boxes,
siphon heads, crates, tins or kegs.

Sec. 4. Whenever any person or persons, corporation or
corporations mentioned in section 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 city or town of such police justice or
within the county of such justice of the peace, any of his, her or
its bottles, boxes, siphons, siphon heads, crates, tins or kegs, @ de-
scription of the names, marks or devices whereon has been filed
and published as aforesaid, are being unlawfully used or filled, or
had, by any person or corporation manufacturing or selling soda,
mineral or aerated waters, cider, ginger ale, milk, cream, soft drinks
or other beverages or medicines, medical preparations, perfumery,
oils, compounds or mixtures, or that any junk dealer or dealer
in second-hand articles, vender of bottles, or any other person or
corporation has any ‘such bottles, boxes, siphons, siphon heads,
crates, tins or kegs in his or its possession or secreted in any place,
the said police justice or justice of the peace, before whom such
oath is made must thereupon issue a search warrant to discover
and obtain the same, and may also issue his warrant stating the
offense charged, and cause to be brought before him the person in
whose possession such bottles, boxes. siphons, siphon heads, crates.
tins or kegs may be found, and shall then inquire into the circum-
stances of such possession, and if said police justice or justice of
the peace finds such person has been 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 war-
rant to the owner thereof.

Sec. 5. Any person convicted under the provisions of the pre-
ceding section shall have the right of appeal from the decision
of such police justice or justice of the peace to the circuit, corpo-
ration, 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 clerks of the court.

Sec. 6. The appeal shall be tried without formal pleadings in
writing, and the accused shall be entitled to trial by jury in the
pare manner as if he had been indicted for the offense in saic
cou

Sec. 7. The requiring, taking or accepting of any deposi
any purpose, upon any bottle, <fphon, siphon head, cate tin’ ke
freezer, can, spoon, block, mould, tray, pan, brick, pall, Keg, tub,
refrigerator, box, cutlery, glass, china, chair, table, or sign, shall
not be dcemed or constitute a sale of such property, either optional
or otherwise in any proceeding under this article.

Sec. 8. Any person or corporation that has heretofore filed, in
the offices mentioned in section one of this act, a description of the
name or names, marks or devices upon his or its property, therein
mentioned, and has caused the same to be published according to
the law existing at the time of such filing and publication, shall
not be required to again file and publish such description to be
entitled to the benefits of this article.

Sec. 9. All acts and parts of acts in conflict with this act are
hereby repealed.