CHAPTER 579

AN ACT to amend and reenact §§ 59-191 through 59-195 and 59-198 of the
Code of Virginia, relating to names, marks and devices on certain
containers and other articles. [8 188]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia: ;

1. That §§ 59-191 through 59-195 and 59-198 of the Code of Virginia be
amended and reenacted as follows:

§ 59-191. Any person engaged in manufacturing, bottling or selling
soda waters, mineral or aerated waters, cider, ginger ale, milk, cream,
ice cream, soft drinks or other beverages, or medicines, medical prepara-
tions, perfumery, oils, compounds or mixtures, in bottles, siphons, tins,
crates or kegs, with his or its name or other marks or devices branded,
stamped, engraved, etched, blown, impressed or otherwise produced upon
such bottles, siphons, siphon heads, tins, crates, or kegs, or the boxes used
by him, or any person engaged in the business of regularly supplying clean
laundered garments, towels, table or bed linens or other such articles with
his or its name or other marks or devices woven, impressed or produced
thereon, and who periodically exchanges such clean articles for soiled
articles, may file in the office of the clerk of the county or corporation court
in which his principal office of business is situated or in the clerk’s office
of the chancery court of the city of Richmond, if such principal office of
business is situated in such city, or if such person shall manufacture, supply
or bottle out of this State, then in any county in this State, and also in the
office of the State Corporation Commission, a description of the name
or names or marks or devices so used by him 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 such description may have
been filed as aforesaid, and if there be no newspaper published in the
county or corporation in which such description has been filed, then in the
newspaper published nearest to that county or corporation, and he shall
thereupon be deemed the proprietor of such name, mark or device, and
of every vessel or receptacle or clean laundered or soiled articles men-
tioned herein upon which it may be branded, stamped, engraved, etched,
blown, impressed, woven or otherwise produced.

§ 59-192. A certified copy of the description of the names, marks or
devices referred to in this chapter, and filed with the State Corporation
Commission, shall be prima facie evidence of the ownership of such bottles,
siphons, boxes, crates, tins, * kegs or clean laundered or soiled articles
mentioned in this chapter in the trial of any case arising under the pro-
visions of this chapter. For filing such paper or giving such copy, the
State Corporation Commission may make a reasonable charge not exceeding
five dollars.

§ 59-198. It shall be unlawful for any person 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, com-
pounds or mixtures, any bottle, box, crate, tin or keg so marked or dis-
tinguished as provided in § 59-191 with or by any name, mark or device,
of which a description shall have been filed and published, as provided in
such section, 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 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. It shall also be
unlawful for any person to sell, buy, rent, or otherwise traffic in any clean
laundered or soiled articles mentioned in this chapter so marked or desig-
nated as provided in § 59-191 with or by any name, mark or device, of
which a description shall have been filed and published, as provided in
such section, 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 whose mark or device shall be or
shall have been in or upon any such clean laundered or soiled article. Any
person offending against the provisions of this section shall be deemed
guilty of a misdemeanor, and shall be punished for the first offense by
imprisonment for 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, * sold, disposed of,
received, bought or trafficked in, or by both such fine and imprisonment,
and for each subsequent offense by imprisonment for 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 be tried; provided that in the case
of any person offending against the provisions of this section relating
to clean laundered or soiled articles such fine for the first offense shall be
not less than twenty-five dollars nor more than two hundred dollars
and for each subsequent offense, the fine shall be not less than fifty nor
more than four hundred dollars.

§ 59-194. The use by any person other than the person whose device,
name or mark shall be or shall have been upon the same without such
written consent as aforesaid, of any such marked or distinguished bottle,
box, siphon, siphon heads, crate, tin or keg, and filed and published as
aforesaid, 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, siphons, siphon h
crates, tins or kegs by any person other than the person having his name,
mark or device thereon, or the having by any junk dealer, or dealers in
second-hand articles, venders of bottles, etc., possession 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, or any such use of such device, name or mark distinguishing
any clean laundered or soiled article mentioned in this chapter or any such
receiving, buying, selling, using, disposing of or trafficking in any such
article by any person other than the person having his name, mark or device
thereon, or such having by any such junk dealer or other second-hand
dealers possession of any such article and description of the marks, names
or devices whereon shall have been so filed and published, as aforesaid,
shall be presumptive evidence of the unlawful use and purchase of and
trafficking in such bottles, siphons, boxes, siphon heads, crates, tins, * kegs,
or clean laundered or soiled article mentioned in this chapter.

§ 59-195. Whenever any person mentioned in § 59-191 or his agent
shall make oath before any justice of the peace, or other officer empowered
to issue criminal warrants, that he has reason to believe, and does believe,
that within the city, town or county of such justice of the peace or other
officer, any of his bottles, boxes, siphons, siphon heads, crates, tins, * kegs,
or clean laundered or soiled articles mentioned in this chapter a descrip-
tion 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 manu-
facturing 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, vendor of bottles, or any other person has any such
bottles, boxes, siphons, siphon heads, crates, tins, * kegs or clean laundered
or soiled articles mentioned in this chapter in his possession or secreted
in any place, the justice of the peace or other officer, 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 any trial justice having jurisdiction the
person in whose possession such bottles, boxes, siphons, siphon heads,
crates, tins, * kegs or clean laundered or soiled articles mentioned in this
chapter may be found, and shall then inquire into the circumstances of such
possession, and if such trial justice finds such person has been guilty of a
violation of § 59-193, he must impose the punishment therein prescribed,
and he shall award possession of the property taken upon such warrant
to the owner thereof.

§ 59-198. The requiring, taking or accepting of any deposit, for any
purpose, upon any bottle, siphon, siphon head, crate, tin, keg, freezer, can,
spoon, block, mould, tray, pan, brick, pail, tub, refrigerator, box, cutlery,
glass, china, chair, table, * sign or clean laundered or soiled article men-
tioned in this chapter shall not be deemed or constitute a sale of such
property, either optional or otherwise in any proceeding under this chapter.