§ 71. Registration of mark; defacing mark; seizure. Any person owning
milk cans, jars, bottles, bottle cases or carton cases upon which he has
placed or desires to place any designating mark may register the said
designating mark with the commissioner, who shall keep a record thereof,
and he may also register with the commissioner, from time to time, the
number of such cans, jars, bottles, bottle cases or carton cases, which
he has or is to have, which do or may bear such designating mark. Such
cans, jars, bottles, bottle cases or carton cases may, after such
registration be numbered consecutively and such consecutive numbers may
be registered in the department, as above provided, with the designating
mark. If any such can, jar, bottle, bottle case or carton case, bearing
such designating mark, shall be found in possession of, and being used
by any person other than the one so registering the same it shall be
presumptive evidence of a violation of the provisions of this article,
unless such person has the consent of the owner thereof to so have and
use the same.

No person, except the original owner thereof, or a person duly
authorized by him so to do, shall remove, deface or erase any of the
marks upon the cans, jars, bottles, bottle cases or carton cases herein
provided for.

When the commissioner, or any person duly authorized by him, shall
find any such cans, jars, bottles, bottle cases or carton cases, bearing
such registered designating mark, in the possession of or being used by
another person than the owner thereof, he may seize the same, and if
evidence is produced in three days showing that such person had been
given permission to have or use such cans, jars, bottles, bottle cases
or carton cases, then they shall be delivered by the commissioner, or
his agents, to the person from whom taken, otherwise the commissioner
shall notify the owner of such cans, jars, bottles, bottle cases or
carton cases, that he has the same and upon application deliver the same
to such owner.