80 Presumption of unlawful use. Issue of search warrants. DEVICES ON BOTTLES, CANS, JARS, SIPHONS, AND BOXES. [Jan., days, or both; and for each subsequent offense shall be fined not more than one dollar for each such bottle, can, jar, box, or siphon so filled, sold, used, disposed of, bought, or trafficked in, or imprisoned not more than one year, or both. SEC. 3. Section 4915 of the general statutes is hereby amended to read as follows: The use by any person other than the person whose device, 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 bottle, can, jar, box, or siphon, a description of the name, mark, or device whereon shall have been filed and published as provided in section 4913, 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, disposing of, or trafficking in any such bottles, cans, jars, boxes, or siphons by any person other than the person having a name, mark, or device of such owner thereon, without such written consent, or the having, by any junk dealer or dealer in second-hand articles, possession of any such bottles, cans, jars, boxes, or siphons, 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 be presumptive evidence of such unlawful use, purchase, and traffic in such bottles, cans, jars, boxes, or siphons. SEC. 4. Section 4916 of the general statutes is hereby amended to read as follows: Whenever any person mentioned in section 4913, or his agent, shall make oath before any justice of the peace, or judge of any city, borough, town, or police court within the town, that he has reason to believe and does believe that any of his bottles, cans, jars, boxes, or siphons, a description of the names, marks, or devices whereon has been so filed and published as aforesaid, are being unlawfully used or filled or had within the jurisdiction of such justice of the peace, or such judge, by any person manufacturing or selling soda, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, or other beverages, or medical preparations, perfumery, oils, compounds, or mixtures, or that any junk dealer or dealer in second-hand articles, vendor of bottles, cans, jars, or siphons, or other person has, within such jurisdiction, any such bottles, cans, jars, boxes, or siphons in his possession, or secreted in any place, the said justice of the peace or judge shall, if sufficient reason be shown therefor, forthwith issue a search warrant directed to any police officer or other proper officer, to discover and obtain the same; and said justice of the peace or judge shall issue a warrant for and cause to be brought before him the person in whose possession such bottles, cans, jars, boxes, or siphons may be found, and shall then inquire into the circumstances of such possession; and if such justice of the peace or judge shall find that such person has been guilty of the violation of section 4914 he shall award the property taken upon such warrant to the owner thereof. security. SEC. 5. Section 4917 of the general statutes is hereby Deposits for amended to read as follows: The requiring, taking, or accepting of any sum of money as a deposit for security for the safe keeping and return of any bottle, can, jar, box, or siphon shall not constitute a sale of such property, either optional or otherwise, in any proceeding under sections 4913, 4914, 4915, or 4916. Approved, May 21, 1903. [Substitute for House Bill No. 229.] CHAPTER 116. An Act concerning Fishing in the Thames River. Be it enacted by the Senate and House of Representatives in SECTION 1. No seine or purse net shall be set in the Use of seine or Thames river above the railroad bridge. purse net in Thames river. SEC. 2. Every person who shall violate any of the pro- Penalty. visions of this act shall be fined not more than one hundred dollars, or imprisoned not more than thirty days, or both. Approved, May 21, 1903. [Substitute for House Bill No. 61.] CHAPTER 117. An Act concerning the Organization of Roman Catholic Be it enacted by the Senate and House of Representatives in General Assembly convened: . corporations. Section 3989 of the general statutes is hereby amended by Organization of striking out in the tenth line thereof the words "by the committee of the congregation" and inserting in lieu thereof the words "in writing, from the lay members of the congregation during the month of January by a majority of the ex officio members of the corporation," so that said section when amended shall read as follows: A corporation may be organized in connection with any Roman Catholic church or congregation in Use of seine or net in Wright's pond. Penalty. Salary of state librarian. this state, by filing in the office of the secretary of state a certificate signed by the bishop and the vicar-general of the diocese of Hartford and the pastor and two laymen belonging to such congregation, stating that they have so organized for the purposes hereinafter mentioned. Such bishop, vicar-general, and pastor of such congregation shall be members, ex officio, of such corporation, and upon their death, resignation, removal, or preferment, their successors in office shall become such members in their stead. The two lay members shall be appointed annually, in writing, during the month of January from the lay members of the congregation by a majority of the ex officio members of the corporation; and three members of the corporation, of whom one shall be a layman, shall constitute a quorum for the transaction of business. Approved, May 20, 1903. [House Bill No. 291.] CHAPTER 118. An Act concerning Fishing in Wright's Pond. Be it enacted by the Senate and House of Representatives in SECTION 1. No person shall, on or before September first, 1908, except to catch alewives or suckers during the months of March and April, use or draw any net or seine in Wright's pond in the town of Portland. SEC. 2. Every person who shall violate any of the provisions of this act shall be fined not less than ten dollars nor more than fifty dollars, or imprisoned not more than thirty days, or both. Approved, May 21, 1903. [House Bill No. 458.] CHAPTER 119. An Act concerning the Salary of the State Librarian. Be it enacted by the Senate and House of Representatives in Section 4811 of the general statutes is hereby amended by striking out of the ninety-seventh line thereof the word "eighteen" and inserting in lieu thereof the word " twenty-five," so that said line as amended shall read as follows: To the state librarian, twenty-five hundred dollars." Approved, May 21, 1903. 1903.] MANUFACTURE AND SALE OF GOLD AND SILVER ARTICLES. [Substitute for Senate Bill No. 78.] CHAPTER 120. An Act concerning the Manufacture and Sale of Gold and Be it enacted by the Senate and House of Representatives in 8883 or dealers may SECTION 1. Any manufacturer of or dealer in articles Manufacturers constructed in part of gold or silver or any alloy or imitation file bond. thereof, upon payment of a fee of ten dollars, may file in the office of the secretary of the state a bond executed by himself as principal, with sufficient surety, which bond shall be approved by the secretary of the state, in the sum of five thousand dollars, conditioned that said manufacturer or dealer shall not violate any of the provisions of sections 1380, 1381, 1382, and 1383 of the general statutes. SEC. 2. If it shall appear to the court before whom Prosecution any dismissed, person shall be prosecuted for the violation of any of the pro- when. visions of sections 1380, 1381, 1382, and 1383 of the general statutes, that the article of merchandise concerning which the charge is brought was not made or altered in any way by the defendant, and that it was acquired by him in good faith as an article of the standard of purity prescribed in said sections, and without knowledge or information on his part to the contrary, said prosecution shall be dismissed and the defendant discharged, provided the person from whom the defendant. acquired the article is within the jurisdiction of the court or has filed the bond provided for in section one of this act and said bond was in full force and effect at the time of the sale by said defendant and at the time of the dismissal of said prosecution; and provided, also, that said defendant shall furnish to said court an affidavit stating the name, residence, and place of business of the person from whom said article was acquired by the defendant, and the date and circumstances of its acquisition. eral to sue on SEC. 3. Upon satisfactory proof by affidavit to the attor- Attorney-genney-general of this state of a violation by any person giving forfeited bond. bond as provided in section one of this act of the terms of said bond, it shall be the duty of said attorney-general to declare the bond forfeited and to forthwith proceed on behalf of the state of Connecticut to collect as damages the whole of the sum specified therein from the parties thereto. If, however, the violation of said sections 1380, 1381, 1382, or 1383 by the principal in said bond occurred within the limits of this state, and said principal in said bond shall at any time before the recovery of judgment upon such forfeiture appear before any Notary's com mission may be recorded by clerk of com in New London county. magistrate or court in this state having jurisdiction, so that a criminal prosecution for the violation of any of the provisions of said sections 1380, 1381, 1382, or 1383 may be commenced against him, said proceedings for the forfeiture and collection of said bond shall be discontinued. The court before which such action for the forfeiture and collection of said bond is pending shall have power in its discretion to chancer said bond. Approved, May 21, 1903. [Substitute for House Bill No. 2.] CHAPTER 121. An Act concerning the Record of Commissions of Notaries Be it enacted by the Senate and House of Representatives in SECTION 1. Whenever the commission of any notary public residing in the county of New London and his oath of mon pleas court office taken and subscribed by him before proper authority have been duly recorded in the office of the clerk of the superior court for said county as required by section 70 of the general statutes, the same may then also be recorded by the clerk or assistant clerk of the court of common pleas in said county in book provided for that purpose; and the clerk or assistant clerk of said court of common pleas may certify to the authority and official acts of such notary public. SEC. 2. This act shall take effect from its passage. [Substitute for House Bill No. 373.]' CHAPTER 122. An Act concerning Allowances to Attorneys in Criminal Trials.. Be it enacted by the Senate and House of Representatives in SECTION 1. No allowance shall be made or taxed for the payment of services rendered or expense incurred by attorneys retained or employed by persons charged with crime, or by others in their behalf, either in the preparation or trial of cases. brought against such persons. SEC. 2. In all cases where a person is charged with crime which may be punishable either by imprisonment for life or by the penalty of death, if the criminal court is not in session, the |