WM. T. HAMILTON, ESQUIRE, GOVERNOR.

767

ship stamped and engraved as contemplated in sec-

tion one (1) of this article, together with a copy of

Evidence cf

the advertisement appearing in the newspaper, shall

title.

be evidence of title when certified to under the hand

of said clerk, with the seal of his office attached.

SEC. 3. And be it enacted, That it is hereby de-

clared to be unlawful for any person or persons,

Declared un-

partnerships or corporate bodies, hereafter, without

lawful.

the written consent of the owner or owners thereof,

to trade or traffic in, or to wilfully mar or erase the

name or names, mark or marks thereon, or to break,

destroy or otherwise injure any such box or boxes,

bottle or bottles, jug or jugs, fount or founts, so

marked or stamped, description of which shall have

been filed and published as heretofore provided, or

to till the same with mineral water, porter or any

other beverage whatsoever, for the purpose of sale

or traffic; and any person or persons who shall vio-

late the provisions of this act shall be deemed

guilty of a misdemeanor, and upon conviction as

ereinafter provided, shall be fined forty dollars for

every fount, and three dollars for each and every

Penalty for

keg, jug or box, and titty cents for each and every

violation.

bottle so by him, her or them filled, traded or

trafficked in or wantonly destroyed, or by him, her

or them caused to be so filled by any agent or em-

ployee or other person, bought, sold, used, trafficked

in, or wantonly destroyed, together with the costs

of suit.

SEC. 4. And be it enacted, That the using by any

other person, partnership or corporation, than the

rightful owner thereof, without such written per-

mission, of any such keg, jug, bottle, fount or box

for the sale therein of porter, soda, mineral water

or other beverage, or any other article of merchan-

dise, medical compound or preparation, or to be

furnished to customers, or the buying, selling,

trafficking in any such keg, jug, bottle, fount or

box, by any person other than the owner, without

Written per-

such written permission, or the fact that any junk

mission.

dealers in kegs, bottles, founts or boxes shall have

in his, her or their possession any such kegs, jugs,

bottles, founts or box so marked or stamped and

recorded as aforesaid, without such written per-

mission, shall and is hereby declared to be prima

What consti-
tutes evidence

facie evidence that such use, buying, selling or