The Penn's Grove record., 1891-05-29

An act for the better protection of persons
manufacturing, bottling or selling soda
waters, mineral or aerated waters, porter.
ale. beer, cider, milk, cream. or other bev-
erages, owning and using bottles or boxes.
l. BE it enacted by the Senate and GENERAL
Assemble OF the state OF New Jersey. That
any and all person or persons manufactu ing,
bOttiing or s.lling soda waters, mineral or
aerated waters, porter, ale, beer cider. milk,
cream or other beverages, owning and using
or having to use bottles or boxes, with his, her
or their name or names or other marks or de-
| vices branded, stamped, engraved, etched,
| blown, impressed OF otherwise produced upon
S ich bottles or boxes may bile in the office
OF the clerk of the county in which his, her or
their business is conducted, or II such person
or persons shall manufacture or bottle out of
this state, then in any county in this state, a
description If The name or names, marks or
devices so used by him. her or them, and may
cause such description to be published once a
week for three weeks successfully in a news
paper published in the county in which said
description may have been filed as aforesaid.
=. And be il enacted, That IL shall be I'M
lawful for any person other than the owner
thereof, without the written consent of such
owner, to fill, for the purpose If sale, with
soda waters, mineral or aerated waters, porter,
ale, beer, milk, cider, ere am or other never
ages, any bottles or boxes with the owners
name or names or other marks or devices
branded, stamped, engraved, etched, blown,
impressed or Otherwise produced thereupon,
of which a description shall have been filed,
and published under the provisions OF section
one of this act; or to wilfuiiy break, destroy or
otherwise injure the same: or to sell, buy,
I lEtlllt III " JUNG Mlst uiepbSt VI Nht Edliits u
| to deface, erase, orii;eraie. cover up or other
wise remove or make invisible any such name
or names or other marks or devices thereon:
| 3. And be it enacted, That any person who
shall violate any OF the provisions of section
two of this act shall be liable to the penalty
Of fifty dollars, TO be recovered in an action OF
debt, with costs, in any court OF this state
| having cognizance thereof; said action to be
brought by the owner or owners of such bot
| ties or boxes.
4. And be il enacted, That violations of the
| provisions of section two of this act shall be
| prima facie established, respectively, by proof
OF the use by any manufacturer of or dealer in
| or bother of soda water, mineral or aerated
| waters, porter, ale, beer, cider or other bever-
ages, or by any dalryman, produc er or bother
of milk or cream, of anv bottles or boxes Of
which a description shall have been filed and
published under section one of this act, with
out the written consent of the owner thereof
said bottles or boxes not being the property
OF such manufacturer. dealer, dairyman, pro-
Queer or b,tuer) or by proof that any such
manufacturer, bother. dealer, ,dairyman or
ties had in his possession, without the written
| consent OF such owner, such bottles or boxes,
whether whole or broken, or any part or parts
of such bottles or boxes. or aay such bottles or
boxes whereof the name, marks or devices
| shall have been defaced, erased, obliterated,
covered up or otherwise removed or made ill.,
| visi lie.
5. And be it enacted, That execution against
the goods and chattels and the person of the
defendant shall issue for the penalty and
| costs recovered under section three of this act.
| 6, And be il enacted, That all penalties re-
covered under this act shall be for the use of
| the poor of the city, town or township wherein
| such violation shall have been committed and
| shall immedial ely upon receipt thereof be
| paid to the officer Of such city, town OF town
ship by law charged with the care OF thu poor.
| 4. And be it enacted, That any person who
shall violate any of the provisions of section
two of this act or who shall have in his pos
session any bottles or boxes of which a de-
| scription shall have been filed and published
| under tie provisions Of section one of this
act, with intent to violate any of the rovisioDs
I 90 1tt fuUn ~ btL mot GhAll HI I OF "a
| misdemeanor, and ON conviction thereof shall
| be punished by fine not exceeding one hundred
| dollars or by Imprisonment not exceeding SIX
| months. or both, at the discretion OF the court.
&. And be IL enacted, That on probable
| cause shown by the oath or affirmation of the
owner of any BOTTLES or boxes a description OF
| which shall have been filed and published un-
der the provisions of section one Of this act, or
| of his agent thereunto specially authorized,
| that any person has in his possession any bot
| ties or boxes a description of which shall have
been filed and published as aforesaid, having
violated any of the provisions OF section Two
Of this act or with intent 10 violate the same;
! a search warrant shall issue TO discover and
OBTAIN the said bottles or boxes: aid search
warrant shall be Issued and served or exetu,d
by the several officers authorized under the
laws of this state 10 issue, serve or execute
such warrants.
o And b. it enacted, That all persons who
have heretofore fled in the office mentioned ia
SEE ton one of this acl a description OF the
name or names, marks or devices upon lhelr
property therein mentioned and have caused
the same TO be published according to the
laws existing at the time OF such filing and
publication, shall not be required to a AIN ME
and publish such descripli n; but such filing
and publication shall be deemed 10 be a Il ing
ant publication within SECTION one o this ACT.
10. And be 1t enacted, That all acts aud
parts OF acts inconsistent with the provisions
of this act be.and The same arc hereby repealed
IL. Ard b; it enacted, That This act snail
take effect immpdiately.
Approved, March 81, 1891.