Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-04-26
CHAPTER LxvIII.
An act for the protection Of producers and ship

An act for the protection OF producers and snip
/. Be it enacted by the Senate and General As.
sembly of the State of New Jersey, That it shall be
the thereof, to use, sell, dispose of, buy
traffic in, any nik-can cans marked or stamped
with the name or initials of any shipper of milk re-
siding within this state, or to wilfuy mar or erase
said name initials of any such shipper of milk so
marked or stamped upon said can or cans.
2. And be it enacted, hat any person who shall
use, SELL dispose Of, buy or traffic in, any such
can or cans, or who shall so willfully mar or erase
the said initials thereon, shall be liable TO,
penalty of not less than fifty more than one
hundred dollars to be recovered by proceedings as
hereinafter provided and set forth, together with
all costs of such proceedings which said penalty
shall be for the of the poor of the city, town
township, wherein such offense shall be COM
mitted.
8. And be it enacted, That if any such owner or
his her agent. has reason to believe and does be-
leve that any of his or her can or cans SO marked
or stamped has or have been unlawfully used as
aforesaid by any person, or that any person has
any of his or her said can or cans secreted in or
upon his premises, or in any other place or places,
any such owner, or his or her agent, may go before
any justice Of the peace of the county, or any po-
lice justice or recorder of any city wherein such
ofense may be or have been committed, and make
complaint thereof under oath.
4. And be itenacted, That it shall be the duty Of
any justice of the peace any other magistrate as
aforesaid, before whom any such complaint shall
be made as aforesaid, thereuPon to Issue process
in the nature Of search warrent, directed to any
constable Oh alice officer of said city, town or
tf1wnship, WI. shall recite said cGpnplaint as
aforesaid, and s-.sap command said constable or
officers to Immediately search the premises, place
or places mentioned in said complaint; and if,
upon such search, any such can OF cans as
mentioned in said complaint be found to bring the
same, together with the body of the person in
whose possession they may be found, before such
justice.
s. And be it itenacted, That when any such person
aforesaid shall be brought before any justice of
the peace or such other magistrate upon process
issued as aforesaid, such person shall enter into
recognizance with good security, TO be approved by
said justice in the penalty Of one hundred dollars,
to appear at such time as the said justice shall APP
point for hearing under said complaint, which
hearing shall not be less than five nor more than.
ten days from the day of said arrest, and may be
adjourned by such justice from time to time on,
good and sufficient cause being shown therefor,
and in default of such recognizance, such person.
shall be committed by said justice to the county
jail to abide hearing upon which hearing the said
Justice shall proceed TO hear and determine as to
the truth of said complaint. and the ownership of
such can or cans that may be brought before him;
and if said Justice shall determine such person to.
be guilty Of the offense charged in said cons
plant he shall thereupon render judgment against
such person for an amount Of not less than fifty.
collars nor more than one hundred dollars, and all.
costs Of such proceedings and in default of pay
ment thereof issue execution therefor against the
goods and chattels and the body of such person,
and shall Immediately deliversuch can cans into.
the possession Of such owner to whom the same
shall appear to belong.
G. And be it enacted. That if upon the issue Of
any such process as aforesaid the said constable or
other officer shall be unable to find the person
therein named, but shall find any cans as
therein set forth, he shall bring such can cans
before such Justice. who shall thereupon proceed
to determine the right of such complainant thereto
and if upon the hearing had thereon he shall be
satisfied that such can or cans rightfully belong
to such complainant, he shall forthwith deliver the
same into his or her possession, the possession
of his or her agent.
I. And be il enacted, That any time previous
to the hearing of said complaint aforesaid either
party may demand trial by jury, whereupon said
of twelve men, competent as jurymen, to try said
complaint, and to decide whether the person COM
planned Of be guilty or not guilty, which said jury
shall also determine the rightful ownership Of
every such can or cans, if any there be; and in
the said jury decide such person guilty, then
said justice shall proceed as though he had SO de-
termine6, no jury having been demanded.
s. And be it enacted. That either party upon
paying all costs incurred and by filing with said jus
tce within ten days after trial before him a writ
ten notice of his or her intention to appeal from
the decision of said justice jury, may appeal to
the next court of general quarter sessions of the
peace Of said county, and may there demand n trial
by jury which court shall proceed to try the same
and make such adjudication and delivery thereon
is herein provided in case of such trial before
said justice.
O. And be 1t enacted, That, except as herein pro-
vided all proceedings had under the provisions Of
this act shall, nearly may be, be regulated by
the provisions Of ana conducted in the manner pre-
scribed, in and by act entitled San act consti-
tutng courts for the trial of small causes,' and the
several supplements thereto.
10. And be it enacted, That all acts and parts of
acts inconsistent with the provisions OF this act
are hereby repealed, and that this act shall take
effect Immediately.
Approved March s. 1883.