said description is recorded, or if none such is published, then in a daily or weekly newspaper of general circulation nearest to said county, and an affidavit of the publisher or his principal foreman, stating the facts of such publication, shall be sufficient proof of such publication in any court of this state. Such description must also be filed in the office of the secretary of state and be by him recorded, and such secretary shall receive a fee of two dollars for such recording.

This act probably repeals sections 8678 to 8680c, Burns' R. S. 1901, being the act of 1897 on the subject of protection of trade mark bottles.

8680e. Ownership, agreement to return.-2. Whenever any such person, company, firm, corporation or association shall have complied with the provisions of the foregoing section, all bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood, used by him, them or it, in any of the different branches of business set forth in said section, which they have had blown into the body of them, or upon which have been impressed, stamped or marked the initials, name or names, trademark or trademarks of such person, company, firm, corporation or association, shall remain the property of such person, company, firm, corporation or association, although such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood, may come into the possession of any other person, company, firm, corporation or association: Provided, Such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood, have not been sold by such person, company, firm, corporation or association claiming the protection of this act. The requiring, taking or accepting by the person, company, firm, corporation or association which avail themselves of the provisions of this act of any deposit of money or security of any kind for the return of such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood, or the entering into an agreement for the return of such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood, or the payment of an equivalent if not returned, shall not be deemed to be nor constitute a sale of such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood, either optional, conditional or otherwise, nor deprive such person, company, firm, corporation or association of their ownership in or title to such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood.

8680f. Unlawful possession.-3. Possession of any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads, or other enclosure or enclosures made of glass, metal or wood, by any person, persons, firm, company, corporation or association, other than such person, company, firm, corporation or association that has complied with section one of this act as therein provided, shall be deemed to be prima facie evidence of an intention to unlawfully fill or cause to be filled, sell or cause to be sold, buy or cause to be bought, dispose of or cause to be disposed of, traffic in or cause to be trafficked in, wantonly de

stroy or cause to be wantonly destroyed, the bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads, or other enclosures made of glass, metal or wood, so held in possession, unless such possession was obtained with the written consent, or such bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures were purchased from the person, company, firm, corporation or association that has complied with the provisions of section one of this act, and that was the original owner of said bottles, syphons, cans, kegs, barrels, hogsheads or other enclosures made of glass, metal or wood.

8680g. Search warrant, arrest.-4. In case the prosecuting attorney of any county in this state, upon affidavit duly made, or in case any person, company, firm, corporation or association that has complied with section one of this act shall, in person or by agent or attorney, make oath in writing before any justice of the peace or police judge that such affiant had reason to believe and does believe that any person, firm, company, corporation or association that is a manufacturer or vender of anything sold in bottles, syphons, cans, kegs, barrels, hogsheads or other enelosures made of glass, metal or wood, has in his, her, their or its unlawful possession, or in the unlawful possession of others for his, her, their or its use or benefit, or that any junk dealer or dealers, dealer in secondhand goods, dealer in bottles, or any other buyer and seller of goods, whether person, company, firm, corporation or association, has in his. her, their or its unlawful possession, or has concealed or secreted in. about, or upon his, her, their or its premises or place of business, any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, protected by this act and owned by the person, company, firm, corporation or association making such affidavit or procuring the same to be made by his, her, their or its agent or attorney. the said justice of the peace or police judge shall issue his search warrant, and cause the premises designated as the place where such unlawful possession is retained or concealment or secretion made to be searched as in other cases where search warrants are issued as now provided by law, and in case any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, coming within the purview of this act and protected thereby, as set forth in section one thereof. shall be found in, or upon, or about the premises or place of business so designated, the officer executing such search warrant shall thereupon seize such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, and shall arrest such person or persons named in such warrant and bring him, her or them before the justice or police judge who issued such warrant, who shall hear and determine such case, and, if the accused is found guilty, he, she or they shall be fined as provided in section five of this act. In case such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels. hogshead or hogsheads or other enclosure or enclosures made of glass,

metal or wood are found in the unlawful possession of or secreted or concealed in, upon or about the premises of any person or persons, company, corporation or association, the officer serving such search warrant shall arrest such person or persons or any member of such company, firm, corporation or association designated in the affidavit for search warrant as the person or persons under whose supervision or under whose control or management, or with whose knowledge such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, were retained in the unlawful possession of or secreted or concealed by such person, persons, company, firm, corporation or association or persons acting for them, and bring him, her or them before said justice of the peace or police judge to be tried for the misdemeanor described in the next section of this act.

8680h. Filling or sale of bottles, penalty.-5. It is hereby declared to be unlawful hereafter for any person, persons, company, firm, corporation or association, without the written consent of the owner or owners thereof, to fill or cause to be filled any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, belonging to or owned by any person, company, firm, corporation or association that has complied with the provisions of section one of this act, with anything for sale or with anything that will interfere with the use thereof by the owner thereof, or to sell, cause to be sold, dispose of or cause to be disposed of, buy or cause to be bought, with the intent to defraud the owner or owners of such bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, traffic or trafficked in, or to wantonly destroy or cause to be wantonly destroyed, any bottle or bottles, syphon or syphons, can or cans, keg or kegs, barrel or barrels, hogshead or hogsheads or other enclosure or enclosures made of glass, metal or wood, mentioned and described in and protected by section one of this act, not purchased from the owner or owners thereof, after the owner or owners thereof have complied with the provisions of section one of this act; and every person or persons, firm, corporation or association that shall violate any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum of one dollar for every bottle, syphon, can, keg, barrel, hogshead or other enclosure made of glass, metal or wood, so filled or caused to be filled, sold or caused to be sold, disposed of or caused to be disposed of, bought or caused to be bought with the intent to defraud the owner or owners thereof, trafficked in or caused to be trafficked in, wantonly destroyed or caused to be wantonly destroyed; and a fine of five dollars for every subsequent offense as herein defined, such fines to be recovered and enforced as other fines are now recovered and enforced by law. All fines so recovered, when collected, shall be paid over to and become a part of the school fund.

8680i. Officer, prosecution, evidence.-6. If any act prohibited and made unlawful by the foregoing section is done or committed by any company, firm, corporation or association, any officer of such company, firm, corporation or association may be prosecuted therefor, and in any proceeding under this act, the doing of such act shall be prima facie evidence that such officer of such company, firm, corporation or association had knowledge that the prohibited act complained of was done or committed in violation of the provisions of this act.

[Acts 1905, p. 202. In force April 15, 1905.]

8703a. Motor vehicles defined.-1. That the words and phrases used in this act shall for the purpose of this act only be construed as follows: 1, "Motor vehicles" shall include all vehicles propelled by any power other than muscular power, excepting traction engines, road rollers and such motor vehicles as run only upon rails or track.

8702b. Speed regulations.-2. That any person or persons operating a motor vehicle on any public highway or in any public place shall not operate the same at any rate of speed greater than is reasonable and proper, having regard to the use in common of such highway or place, or so as to endanger the life or limb of any person, and in no event shall such motor vehicle be operated at a greater rate of speed than eight (8) miles an hour in the business and closely built up portions of any municipality of this state, nor more than fifteen (15) miles an hour in other portions of such municipalities, nor more than twenty (20) miles an hour outside such municipalities.

8703c. Ordinances as to speed.-3. That any rate of speed provided in section two (2) of this act shall not be diminished nor prohibited by any ordinance, rule or regulation of any municipality, board or other publie authorities.

8703d. Motor equipment-Signals.-4. Any person or persons operating a motor vehicle shall at all times provide the same with a good and efficient brake and a suitable bell, horn or other signal, and shall upon approaching any person or persons riding, leading or driving at horse, horses, draft animals or other farm animals upon any public highway or in any public place, signal such person or persons with said bell or horn either upon overtaking or meeting any such person or persons, giving such person or persons a reasonable time to prepare for the passing of said motor vehicle.