882 LAWS OF MARYLAND [CH. 633
any of the provisions hereof is declared to be a misdemeanor punish-
able by a fine of one dollar.
476. Search Warrants to Obtain Evidence of Violation. If any
owner or dealer so registering any returnable container or any clean
laundered article, or his or its officer, agent or employe, or the
assignee of any such or his, or its officer, agent or employe, shall make
an affidavit before any justice of the peace, averring that he has
reason to believe and does believe that the provisions of Section 474
hereof have been violated, and that evidence of such violation may be
obtained by a search of premises specified by him, the said justice
of the peace shall issue his search warrant to any sheriff, deputy
sheriff, constable or other officer of the law to whom such warrant
may be properly directed, and thereby cause the premises so to be
designated in the warrant to be searched; and if any one or more
of any such registered returnable containers, or any parts of the
same, or of any one or more of any clean laundered or soiled articles,
shall be found in, upon or about the premises so designated, the
officer executing such search warrant shall thereupon report the
same under his oath to the said justice of the peace, who shall upon
the said report, and upon charging a violation of such Section 474
issue his warrant for the arrest of such person against whom such
charge or charges shall be so made, and cause him to be brought
before him for trial.
477. Jurisdiction Over Violations; Prosecution; Jury Trial. The
several justices of the peace in the respective counties of this State
shall have concurrent jurisdiction with the circuit court for their
respective counties, in the case of persons arrested for the violation
of the provisions of Section 474 hereof, and such respective justices
of the peace shall proceed to hear and determine such cases when
the parties arrested upon charges of such violation are respectively
brought before them, and to acquit such persons, or to sentence
such persons for the offense if convicted thereof, unless such respec-
tive 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 474 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 circuit court for the county; and to return the commit-
ment 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 474 hereof, the
court or justice of the peace imposing the punishment therein pre-
scribed shall also award to the rightful owner or dealer possession
of all of the property involved in such violation.
478. "Returnable Containers" defined; Deposit not Deemed Sale
of Container. 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 merchandise, or packages thereof, either
of necessity or for convenience of delivery or sale, and which con-
tainer is, by its very nature, susceptible of repeated use for such
purpose, and the title to which container the vendor does not intend
|
|