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ART. XXVIl] BEVERAGES. 209
container the vendor does not intend to pass with the sale of the con-
tainer; and for the purpose of this sub-title the requiring, taking or
accepting of any deposit for any purpose upon any registered return-
able container shall not be deemed to constitute a sale of such container,
whether optional, conditional or otherwise, in any proceeding had under
this sub-title.
1904, art. 27, sec. 313. 1902. ch. 245, sec. 206B. 1916. ch. 528, sec. 338.
338. Any person, partnership or body corporate that has heretofore
registered returnable containers under the provisions of the law, as the
same stood at the time of such registration, shall not be required to
again register the same, but shall be entitled to all the benefits of this
sub-title as if the same had been registered hereunder; provided, how-
ever, that it shall be unlawful for any person or corporation to adopt
and register under the provisions of this sub-title any returnable con-
tainer or description, name, mark or device that has been previously
registered by any other person, or is at such time used or in use by any
other person in good faith, whether under the provisions of this article
or otherwise.
1904, art. 27, sec. 314. 1902, ch. 245, sec. 206C. 1906. ch. 47. 1916, ch. 28, sec. 339.
339. In any prosecution under any of the provisions of the preced-
ing sections, it shall not be necessary to set forth or describe the name,
mark or device affixed or attached to or impressed or imprinted upon
any returnable container, nor to set forth the particulars of the regis-
tration of same or of the assignment or transfer of such registration,
but it shall be sufficient to describe the container, so as to permit of
its identification averring that the same is distinctively marked, and is
legistered according to law, giving the name of the owner of such
returnable container, or of the dealer using the same by virtue of such
registration, or the name of the assignee or transferee thereof as the
case may be.
1904, art. 27, sec. 315. 1888, art. 27, sec. 207. 1882, ch. 491, sec. 7.
1916, ch. 528. sec, 340.
340. All costs incurred in prosecutions under Sections 333 and 334
hereof, shall be assessed and collected in the same manner as in criminal
cases, and be accounted for in the same manner as fines in cases of
assault and battery are now by law disposed of.*
341. Repealed. (Act 1916, ch. 528.)
342.
See notes to article 43, section 157.
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* Section 2 of the act of 1916, chapter 528, provides for the repeal of all acts
or parts of acts inconsistent with said act of 1916, and also contains a "saving
clause" as to offences committed prior to the passage of said act.
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