The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-03

NJ 49, Al AGAdl&3N 70 MIX EHM4s
L Be it enacted BY the Senate and Gen
sey, That IL Is hereby declared to be un-
lawful for an person or persons, without
toe consent OF b owner or owner4 OF
shipper or shippers. or his. her or their
agent. 70 use or SELL dispose <of. buy or
traffic In u milk or cream can or cans
belonging 70 any dealer or dealers. ship
per or shippers q milk or cream. resid1Do
In the stale OF New Jersey or elsewhere,
who may snip milk or cream TO any city,
town or place within this state, having
the name or Initials of the owner or own
ers OF such dealer or dealers. or shipper or
shippers stamped. marked or fastoned On
such a or cans. or 70 v1lfulIy mar, eraso
or change by rs-marking or otherwise
said name or Initials OF q such owner
or owners, or dealer or dealers. or shippor
or shippers. 90 stamped, marked. marked
or fastened upon said can or cans
q And De 1t enacted. That the fact Of
any person or persons without the con-
sent OF the owner. dealer or dealers. ship
per or shippers thereof. or his. her or
their agent, either using. selling. dispos-
ing OF, buyloR. trafficklnR IN, or having
10 his. her or their possession, or under
cream can or cans. shall be presumptivo
evidence OF the unlawful use, purchaso
OF or Traffic In such can or cans
3. And be 1t enacted, That such can or
cans, full or partly full Of milk or crsnm
used IN violation Of this act, may b
emptieds into rne street or elsewhere OF
their contents BY owner or owners, dealer
or dealers. shipper or shippers, or his. her
or their agent, aud taken possession Of b.
any Of said several parties, who shau not
DO Liable for damages therefor. provided.
that any OF said several parties entitled 70
the Possession Of sucn can or cans. hall
first give notice TO the party or parties
having The possession OF such can or cans
TO empty the same.
4 And be il enacted, That any person
or persons who shall In violation OF this
act, either use, sell, dispose OF, buy, traffic
IN, or have in his, her or their possession.
any snch can or cans, or who may viii
fully mar, erase or change by re-markinG
or other wise the said name or initials o.
any such owner or owners. dealer or
dealers, shipper or shippers SO stamped
marked or fastened upon said can or c1na
as IN this act provided. shall be liable %
a penalty of fifty dollars for any such can
either 80 used, sold, disposed OF. bought
traiaced in. or found in his, her or their
possession; snch penalties may be recov-
cred by action in the supreme court OF
this state. with cost and disbursements,
and the place of trial Of such actions may
be in the county In which the owner or
owners. dealer or dealers. shipper or
shippers Of such ans may reside 1t the
commencement Of such action.
- ~ &c - = A44N LA2 AAEA4 VA
such owner or owner. dealer or dealers, or
shipper or shippers. shall have full power
and authority 70 sue in his own name and
take any proceedings authorized by this
act without joining the real party or par
ties In interest that he represents. and
may join IN oersons as shall Jointly or
s~everally hay violated any OF the pro-
visions Of this act, notwithstanding 2 that
the cause of actions Is separate and dis
finct as TO each and every one Of such
plaintiffs IA defendants. INK may re-
cover against any q or more of such
person or persons
8. And be It enacted, That II any such
wne or owners. dealer or dealers. ship
per or shippers. his, her CO their agent,
has reason to believe and does believe hat
any - such can or ans so stamped or
marked has or have been nnlawfu4iy used
as aforesaid, by any person or persons. or
that any person or persons has any Of
such can OF cans secreted In or upon his.
her or their premises, or any other place
or places, any such owner or wnor
dealer or dealers, shipper or shippers, or
his. her or their agent. may 90 before any
justice of the peace or magistrate having
civil jurisdiction in the city, town or
place. or any part thereof wherein snch
offences may be or have been committed,
and make complaint thereof under oath.
which complaint may be wholly upon in
formation and belief. wEeregpon said
justice OF the peace or magistrate before
whom sach complaint shall have been
made shall issue a process IN the nature
OF q search w~arraut, directed 10 any con-
stable, marshal or other executive officer
Of any city, own OF place. which shall
recile tbs complying or the Substance
thereof. and shall command Lhs said con-
stable. marshal or other executive o.
to Immediately search the premises.
place or places mentioned In said cam
paint. be found. to bring the same, to-
gefher with the body OF the person or
persons il whose possession they may be
found, before such Justice Of the peace or
magistrate, and such pro. eedinEs shall
be had as are now had in casea wherein
search warrants are issued
Z. And be Il enacted. That all acts and
parts OF acts inconsistent herewith be
and the same are hereby reneated. and
hereby repealed and that his act shA&
take tflect immediately.
Approved Aprll 16. 1891.