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Chap. 36, Page

522.

ing section one thousand two hundred and seventy- K. S. Sec. 1279, nine of chapter thirty six of the Kentucky Statutes be and is hereby amended. Said section reads as follows, to-wit: All manufacturers or venders of mineral water and other beverages, or fermented liquors by law allowed to be sold in bottles upon which their names or their trade mark shall be impressed, may file with the clerk of the county court a written description and sample of such bottle, and of the name or marks thereon, and have such description recorded in said clerk's office; and shall cause a certified copy of said description to be published for not less than three weeks successively, in a daily or weekly newspaper published in the county where said description is recorded. No person shall, without the consent, in writing, of the owner, fill with mineral water or other beverage any bottle or bottles marked as provided in the preceding section, or offer for sale, or traffic in any such bottles not purchased by him of such owner. Every person so offending shall be liable to a fine of one dollar for every bottle so filled, or sold or used, or disposed of, or purchased, or trafficked in, for the first offense, and five dollars for every subsequent offense." Said section when amended shall read as amended. follows, to-wit: "Any and all persons and corporations engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicines, medical preparations, perfumery, oils, compounds, or mixtures in bottles, syphons, tins or kegs, with his, her, it or their name or names, or other marks of devices branded, stamped, engraved

Section as

Unlawful to fill such bot

certain beverages, etc.

or etched, blown, impressed, or otherwise produced on such bottles, syphons, tins or kegs, or the boxes used by him, her, it or them, may file in the office of the clerk of the county in which his, her, its or their principal place of business is situated, or if such person, or persons, corporation or corporations shall manufacture a bottle out of this State then in any county in this State, and also in the office of the Secretary of State, a description of the name or names, marks or devices so used by him, her, it or them, respectively, and cause such description to be printed once in each week, for three weeks successively, in a newspaper published in the county in which said notice may have been filed as aforesaid."

§ 2. It is hereby declared to be unlawful for any tles, etc., with person or persons, corporation or corporations, to fill with soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or other beverages, or with medicines, or medical preparations, perfumery, oils, compounds or mixtures, any bottle, box, syphon, tin or keg so marked or distinguished as aforesaid, with or by any name, mark or device, of which a description shall have been filed and published, as provided above, or to deface, erase obliterate, cover up or otherwise remove or conceal, any such name, mark or device thereon, or to sell, buy, give, take or otherwise dispose of or traffic in the same without the written consent of, or unless the same shall have been purchased, by such person or corporation, exslusive of the contents thereof, from the persons or persons, corporation or corpora tions, whose mark or device shall be or shall have been in or upon the bottle, box, syphon, tin or keg so

filled, trafficked in, used or handled as aforesaid,
Any person or persons, corporation or corporations Penalty.
offending against the provisions of this section shall
be deemed guilty of a misdemeanor, and shall be
punished for the first offense by imprisonment not
less than ten days nor more than one year, or by a
fine of fifty cents for each and every such bottle, box,
syphon, tin or keg so filled, sold, used, disposed of,
given, taken, bought or trafficked in, or by both such
fine and imprisonment, and for each subsequent of-
fense by imprisonment not less than twenty days nor
more than one year, or by fine of not less than one
dollar, nor more than five dollars, for each and every
bottle, box, syphon, tin or keg so filled, sold, used, dis-
posed of, given, taken, bought, or trafficked in, or by
both such fine and imprisonment, in the discretion
of the magistrate before whom the offense shall be
tried."

with consent

§ 3 The use by any person other than the person use of mark or persons, corporation or corporations, whose de- of owner, etc. vice,name or mark shall be, or shall have been upon the same without such written consent or purchase as aforesaid, of any such marked or distinguished hottle, box, syphon, tin or keg, a description of the name, mark or device, whereon shall have been filed and published, as herein provided, for the sale therein of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or other beverages, or any article of merchandise, medicines, medical preparations, perfumery, oils, compounds, mixtures or preparations, or for the furnishing of such or similar beverages to customers or the buying, selling, using for any purpose, disposing of or traffick

ing in any such bottles, boxes, syphons, tins or kegs, by any person other than said persons or corporations having a name, mark or device thereon of such owner without such written conscut, or the having by any Junk dealer or dealers in second hand articles, vender of bottles, rags or collectors of or dealers in articles found in ashes, garbage or other refuse, whether at the public dumps or elsewhere, possession of any such bottles, boxes, syphons, tins or kegs, whether whole or broken, a description of the marks, names or devices, whereon shall have been so filed and published as aforesaid, without such written consent, shall, and is hereby declared, to be presumptive evidence of the said unlawful use, purchase and traffic in of such bottles, boxes, syphons, tins or kegs." Oath to be § 4. Whenever any person, persons or corporations who, shall have so filed and published as aforesaid, or his, her, its or their agent shall make oath before any magistrate that he, she, or it has reason to believe, and does believe, that any of his, her, its or their bottles, boxes, syphons, tins or kegs, a description of the names, marks or devices whereon has been filed and published as aforesaid, are being unlawfully used or filled, or had, by any person or corporation manufacturing or selling soda, mineral or aerated waters, porter, ale, cider, gingerale, milk, cream, small beer, lager beer, weiss beer, white beer, or other beverages or medicine, medical preparations, perfumery, oils, compounds or mixtures, or that any Junk dealer or dealer in second hand articles, vendors of bottles, rags, or collectors of or dealers in articles found in ashes, garbage or other refuse, whether at the public dumps or else

made as to unlawful uses.

rant.

where, or any other person or corporation has any such
bottles, boxes, syphons, tins or kegs, in his, her or its
possession, or secreted in any place, the said magis-
trate must thereupon issue a search warrant to dis-
cover and obtain the same, and may also cause to be search
brought before him the person in whose possession
the bottles, boxes, syphons, tins or kegs may be
found, and shall then inquire into the circumstances
of such possession, and if such magistrate finds that
such person has been guilty of a violation of section
one of this act, he must impose the punishment here-
in prescribed, and he shall also award possession of
the property taken upon such warrant to the owner
thereof.

5. The requiring, taking or accepting of any deposit for any purpose upon any bottle, box, syphon, tin or keg shall not be deemed or constitute a sale of such property, either optional or otherwise, in any proceeding under this act.

war

§ 6. Any person or persons, corporation or corporations, that has or have heretofore filed in the offices mentioned, as aforesaid in this act, a description of the name or names, mark or devices upon his, her, their or its property therein mentioned, and has caused the same to be published according to law existing at the time of such filing and publication, shall not be required to again file and publish such description to be entitled to the benefits of this act. 7. All acts or parts of acts inconsistent herewith are for the purpose of this act, hereby re- Repealing pealed.

§ 8. This act shall take effect and be in force in ninety days from the expiration of this session.

Received by the Governor March 15, 1898.

Became a law at the expiration of ten days, without the Governor's approval.

clause.

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