HARRY HUGHES, Governor

4427

or persons so arrested, in connection with which the money,
currency, or cash may have been so seized or captured, the
State Treasurer, the county treasurer of the county or
director of finance in Baltimore City, shall within 90 days
from the date of the record of the entry of such conviction,
unless the case is appealed to an appellate court, make
application to the District Court or circuit court of the
county [or to the District Court of Baltimore City or a law
court of the Supreme Bench of Baltimore City], for an order
declaring and ordering that such money, currency or cash in
the custody of the State Treasurer, director of finance or
county treasurer shall be forfeited to the sole use and gain
of the State, county or city. The court to which any such
application has . been directed shall establish to its
satisfaction that there is no pending and undetermined suit
or proceeding which has been filed in any court of competent
jurisdiction, against the director of finance or treasurer,
seeking a return or recovery of the money, currency or cash
so held in custody, before the court shall proceed so to
order a forfeiture of such money, currency or cash to the
State, county or Baltimore City.

[(1)] (2) All applications for the forfeiture of
contraband shall be by petition and a copy of the petition
and show, cause order shall be served in the first instance
pursuant to Rule 104 of the Maryland Rules of Procedure or
Rule No. 104 of the Maryland District Rules, and

thereafter, the summons having been returned non est, the
State Treasurer, director of finance of Baltimore City or
county treasurer may proceed pursuant to Rule 105b,
subsection 2 and subsection 3 of the Maryland Rules of
Procedure as amended, or Rule No. 104h of the Maryland
District Rules.

275.

No person or persons shall hereafter, without the
consent of the owner or shipper, use, sell, dispose of, buy

or traffic in any milk cans, cream can or cases belonging to
any dealer or shipper of milk or cream residing in the State
of Maryland or elsewhere who may ship milk or cream to any
city, town or place within this State, having the name or
initials of the owner, dealer or shipper stamped, marked or
fastened on such cans, or wilfully change by remarking or
otherwise said name or initials of any such owner, dealer or
shipper so stamped, marked or fastened upon such cans; nor
shall any person, without the consent of the owner; use such
cans for any other purpose than for milk or cream; nor shall
any person or persons, without the consent of the owner,
place in any such cans any substance or product other than
milk or cream. Any person who shall violate any of the
provisions of this section shall be deemed guilty of a
misdemeanor, and upon conviction in a court of competent
jurisdiction, shall be fined not more than fifty dollars and
cost of prosecution; one-half of said fine if imposed by a