CRIMES AND PUNISHMENTS. 1089

tion are respectively brought before them, and to acquit such persons, or
to sentence such persons for the offense if convicted thereof, unless such
respective persons so charged, when so brought before any such Justice of
the Peace and before they are respectively tried, as aforesaid, shall pray
a jury trial. If any person charged with the commission of any one or
more of the several offenses mentioned in Section 369 hereof, and brought
before any Justice of the Peace, shall pray a jury trial as aforesaid, it
shall be the duty of the said Justice of the Peace to commit such person for
trial, or to hold him in bail to appear before the Criminal Court of Balti-
more or the Circuit Court for the county as the case may be; and to return
the commitment or the recognizance in such case immediately to the Clerk
of said Court, and if such person or persons shall be found to be guilty of
a violation of any of the provisions of Section 369 hereof, the Court or
justice of the Peace imposing the punishment therein prescribed shall also
award to the rightful owner or dealer possession of all of the property in-
volved in such violation.

An. Code, sec. 337. 1904, sec. 312. 1902, ch. 245, sec. 206A. 1916, ch. 528, sec. 337.

373. A returnable container as used in this sub-title is hereby defined
to be any device made of any material whatsoever, used for the purpose
of holding, containing or converting into a package, goods, wares or mer-
chandise, or packages thereof, either of necessity or for convenience of
delivery or sale, and which container is, by its very nature susceptible of
repeated use for such purpose, and the title to which container the vendor
does not intend to pass with the sale of the container; and for the purpose
of this sub-title the requiring, taking or accepting of any deposit for any
purpose upon any registered returnable container shall not be deemed to
constitute a sale of such container, whether optional, conditional or other-
wise, in any proceeding had under this sub-title.

An. Code, sec. 338. 1904, sec. 313. 1902, ch. 245, sec. 206B. 1916, ch. 528, sec. 338.

374. 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, however, that it
shall be unlawful for any person or corporation to adopt and register under
the provisions of this sub-title any returnable container or description,
name, mark or device that has been previously registered by any other per-
son, 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.

An, Code, sec. 339. 1904, sec. 314. 1902, ch. 245, sec. 206C. 1906, ch. 47.
1916, ch. 28, sec. 339.

375. In any prosecution under any of the provisions of the preceding
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 re-
turnable container, nor to set forth the particulars of the registration of
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