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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1228   View pdf image (33K)
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1228 ARTICLE 27

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 449 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, 1924, sec. 373. 1912, sec. 337. 1904, sec. 312. 1902, ch. 245, sec. 206A.
1916, ch. 528, sec. 337. 1929, ch. 327, sec. 373.

453. 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 de-
livery 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 contents; or any bag, box, bas-
ket or any other device made of any material whatsoever, used for the pur-
pose of holding or containing any article, material or thing being sent,
conveyed or transported to any laundry, dry cleaning or dyeing establish-
ment to be washed, laundered, dry cleaned or dyed, or holding or contain-
ing any such article, material or thing being returned to the person, part-
nership or body corporate entitled to the return thereof, and which con-
tainer is by its very nature susceptible of or intended for repeated use for
such purposes, and the title to which the owner thereof does not intend to
pass by its use as aforesaid; and for the purpose of this sub-title the requir-
ing, taking or accepting of any deposit for any purpose upon any regis-
tered returnable 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.

An. Code, 1924, sec. 374. 1912, sec. 338. 1904, sec. 313. 1902, ch. 245, sec. 206B.

1916, ch. 528, sec. 338.

454. 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, 1924, sec. 375. 1912, sec. 339. 1904, sec. 314. 1902, ch. 245, sec. 206C.
1906, ch. 47. 1916, ch. 528, sec. 339. 1929, ch. 327, sec. 375.

455. 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 returnable
container, nor to set forth the particulars of the registration 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 distinctly marked, and is registered according to law, giving the
name of the owner of such returnable container, or of the owner or dealer
using the same by virtue of such registration, or the name of the assignee
or transferee thereof as the case may be.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1228   View pdf image (33K)
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