59.1-97 - Presumptive evidence of unlawful use and trafficking in marked containers and other articles.

§ 59.1-97. Presumptive evidence of unlawful use and trafficking in markedcontainers and other articles.

The use by any person other than the person whose device, name or mark shallbe or shall have been upon the same without such written consent asaforesaid, of any such marked or distinguished bottle, box, siphon, siphonheads, crate, tin or keg, and filed and published as aforesaid, for the saletherein of soda water, mineral or aerated waters, cider, ginger ale, milk,cream, soft drinks or other beverages, or of any articles of merchandise,medicines, medical preparations, perfumery, oils, compounds, mixtures orpreparations, or for the furnishing of such or similar beverages tocustomers, or the receiving, buying, selling, using, disposing of ortrafficking in any such bottles, boxes, siphons, siphon heads, crates, tinsor kegs by any person other than the person having his name, mark or devicethereon, or the having by any junk dealer, or dealers in secondhand articles,venders of bottles, etc., possession of any such bottles, boxes, siphons,siphon heads, crates, tins, or kegs, and description of the marks, names ordevices whereon shall have been so filed and published, as aforesaid, or anysuch use of such device, name or mark distinguishing any clean laundered orsoiled article mentioned in this chapter or any such receiving, buying,selling, using, disposing of or trafficking in any such article by any personother than the person having his name, mark or device thereon, or such havingby any such junk dealer or other secondhand dealers possession of any sucharticle and description of the marks, names or devices whereon shall havebeen so filed and published, as aforesaid, shall be presumptive evidence ofthe unlawful use and purchase of and trafficking in such bottles, siphons,boxes, siphon heads, crates, tins, kegs, or clean laundered or soiled articlementioned in this chapter.

(Code 1950, § 59-194; 1958, c. 579; 1968, c. 439.)