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Session Laws, 1972
Volume 708, Page 601   View pdf image
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Marvin Mandel, Governor                         601

delivered therein; or to sell, buy, rent or otherwise traffic in any clean,
laundered or soiled articles mentioned in this chapter so marked or
designated as provided herein; or to wilfully deface, erase, obliterate,
cover up, or otherwise remove, conceal or destroy, any such name,
mark or device of identification affixed, attached, impressed or im-
printed thereto or thereon; or to wilfully break, destroy or other-
wise injure any such returnable container, or such clean articles; or
to have on sale, offer for sale, buy, sell, use, take, give, receive, handle
in the course of business, hire, rent, lend, transport, convey in any
vehicle of any kind or character, collect from ash or garbage re-
ceptacles, public or private dumps or premises, or to otherwise keep
in stock or store, or to otherwise dispose of, deal in, or traffic in any
of the said returnable containers, or parts or pieces of the same, or in
such clean laundered or soiled articles, without an assignment from
or the written consent of the one causing the same to be registered;
and all such unlawful acts are declared to be misdemeanors, and
upon conviction thereof the offender for the first offense shall be
punished by an imprisonment of not more than one year, or by a
fine [or[of]]of not more than fifty dollars, and for the second offense
and subsequent offenses, by imprisonment for not more than one
year, or by a fine of not more than fifty dollars or by both fine
and imprisonment, in the discretion of the court [or justice of the
peace] before whom such offender is tried; the said fines and all
costs incurred to be collected in the same manner as other fines and
costs are collected. In any prosecution under this section the posses-
sion by the one so accused of any such clean laundered or soiled
articles or of any registered returnable container or of any part or
parts thereof other than by a garbage man collecting the same in the
regular course of his business, and other than the possession of any
such container by the one who received the same with its contents, or
possession of any registered clean laundered or soiled articles, shall
be prima facie evidence that such person is guilty of the offenses so
charged.

§ 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 employee, or
the assignee of any such or his, or its officer, agent or employee, shall
make any AN affidavit before any [justice of the peace] District
Court judge,
averring that he has reason to believe and does believe
that the provisions of § 474 hereof have been violated, and that evi-
dence of such violation may be obtained by a search of premises speci-
fied by him, the said [justice of the peace] District Court judge 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] District Court judge, who shall upon the said
report, and upon charging a violation of such § 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.

 

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Session Laws, 1972
Volume 708, Page 601   View pdf image
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