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Session Laws, 1975
Volume 716, Page 361   View pdf image
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MARVIN MANDEL, Governor

361

§§ 11-604 and 11-605.

The only other changes are in style.

11-604. PRESUMPTIVE EVIDENCE OF UWLAWFUL USE.

UNLESS TAKEN WITH THE WRITTEN CONSENT OF THE OWNER,
EACH OF THE FOLLOWING ACTIONS BY ANY PERSON, OTHER THAN
THE PERSON WHOSE MARK IS ON THE CONTAINER, IS PRESUMPTIVE
EVIDENCE OF A VIOLATION OF THIS SUBTITLE:

(1)       USE OF A MARKED CONTAINER;

(2)       POSSESSION OF A MARKED CONTAINER; OR

(3)       PURCHASE OF A MARKED CONTAINER FOR:

(i) THE SALE OF LIQUEFIED PETROLEUM GAS; OR

(ii)        THE FILLING OR REFILLING OF THE

CONTAINER WITH LIQUEFIED PETROLEUM GAS.

REVISOR'S NOTE: This section presently appears as
Art. 27, §355C.

The only changes are in style.

11-605. ISSUANCE OF WARRANT; RETURN OF PROPERTY
UNLAWFULLY TAKEN.

(A)   ISSUANCE OF WARRANT.

IF THE OWNER OF A MARKED CONTAINER, HIS OFFICER, OR
AUTHORIZED AGENT WHO HAS PERSONAL KNOWLEDGE OF THE FACTS
MAKES OATH IN WRITING BEFORE ANY COURT OF COMPETENT
JURISDICTION THAT HE BELIEVES THAT A PERSON HAS VIOLATED
ANY PROVISION OF THIS SUBTITLE WITH RESPECT TO THE
CONTAINER, THE COURT, IF SATISFIED THAT THERE IS
REASONABLE CAUSE, MAY ISSUE A WARRANT AND CAUSE THE
ALLEGED VIOLATOR TO BE BROUGHT INTO COURT FOR THE PURPOSE
OF DISCOVERING AND OBTAINING THE CONTAINER.

(B)   RETURN OF PROPERTY UNLAWFULLY TAKEN.

IF THE COURT FINDS THAT A PERSON VIOLATED ANY
PROVISION OF THIS SUBTITLE, IT SHALL AWARD AN UNLAWFULLY
TAKEN CONTAINER TO ITS TRUE OWNER.

REVISOR'S NOTE: This section presently appears as
Art. 27, §355D.

The reference to "the president, secretary,
treasurer, of any corporation mentioned in
§355A" is deleted as unnecessary in light of

 

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Session Laws, 1975
Volume 716, Page 361   View pdf image
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