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Session Laws, 1965
Volume 676, Page 883   View pdf image (33K)
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J. MILLARD TAWES, Governor                      883

to pass with the sale of the contents; or any bag, box, basket or
any other device made of any material whatsoever, used for the
purpose of holding or containing any article, material or thing
being sent, conveyed or transported to any laundry, dry cleaning or
dyeing establishment to be washed, laundered, dry cleaned or dyed,
or holding or containing any such article, material or thing being
returned to the person, partnership or body corporate entitled to
the return thereof, and which container 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 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 otherwise,
in any proceeding had under this sub-title.

479.    Reregistration Not Required; Unlawful to Register Con-
tainers Previously Registered or Used by Others. Any person, partner-
ship or body corporate that has heretofore registered returnable
containers, or clean laundered articles, 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 clean laundered article,
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.

480.    Description, etc., of Containers and Other Articles in Prose-
cutions. 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, or the clean laundered or
soiled article;
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, or the clean laundered or
soiled article,
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 the clean
laundered or soiled article,
or of the owner or dealer using the same
by virtue of such registration, or the name of the assignee or trans-
feree thereof as the case may be.

481.    Costs in Prosecutions. All costs incurred in prosecutions
under Sections 474 and 475 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.

SEC. 2. And be it further enacted, That this Act shall take effect
June 1, 1965.

Approved May 4, 1965.

 

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Session Laws, 1965
Volume 676, Page 883   View pdf image (33K)
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