596                               Laws of Maryland                      [Ch. 181

making such affidavit believes that any of his liquefied petroleum gas
containers marked with the name, initials, mark or other device of
owner, are in the possession of or being used by or being filled or
refilled by any person whose name, initials, mark or other device does
not appear on the containers, and who is in the possession of filling or
refilling, or using any such containers without the written consent of
the owner of the name, initials or trademark, the [magistrate]
judge, when satisfied that there is reasonable cause, may issue a
warrant and cause the person designated to be brought into court
for the purpose of discovering and obtaining the container, and if the
[magistrate] judge finds that the person has been guilty of a viola-
tion of § 355B of this subtitle, he may impose the punishment herein
prescribed, and he shall also award the possession of property ac-
quired by such warrant to the owner thereof.

§ 366. Second offense.

If any person shall be a second time convicted of any of the
offenses mentioned in any of the sections of this article relating to
lotteries, he shall, upon conviction, be fined not more than five
thousand dollars or shall be imprisoned for not more than five years,
or both. Any recovery of a penalty for violating any of the provisions
of this article relating to lotteries, whether by indictment or action of
debt, or before a justice of the peace prior to the first Monday of
July, 1971, or before any court of competent jurisdiction, shall be re-
garded as a first conviction under this section.

§ 370. Penalty for violations of §§ 369 and 369A.

Any person or body corporate violating any of the provisions of
§ 369 or 369A of this article shall be deemed guilty of a misdemeanor,
and upon conviction thereof before any [justice of the peace or]
court of competent jurisdiction in this State, shall be fined not less
than fifty dollars for any such offense.

§ 388. Manslaughter by automobile, motorboat, etc.; indictment or
warrant.

Every person causing the death of another as the result of the driv-
ing, operation or control of an automobile, motor vehicle, motorboat,
locomotive, engine, car, streetcar, train or other vehicle in a grossly
negligent manner, shall be guilty of a misdemeanor to be known as
"manslaughter by automobile, motor vehicle, motorboat, locomotive,
engine, car, streetcar, train or other vehicle," and the person so con-
victed shall be sentenced to jail or the house of correction for not
more than three years, or be fined not more than $1,000.00 or be both
fined and imprisoned. [The police magistrates of the City of Balti-
more shall have the power to accept bail for persons charged with the
offense created by this section.]

In any indictment or warrant for manslaughter by automobile,
motor vehicle, motorboat, locomotive, engine, car, streetcar, train or
other vehicle, it shall not be necessary to set forth the manner and
means of death. It shall be sufficient to use a formula substantially

to the following effect: "That A-B on the..................day of..................,

nineteen hundred and..............at the County (City) aforesaid, unlaw-
fully, in a grossly negligent manner did kill and slay C-D."