56:3-47. Complaint for unlawful use of cans; jurisdiction; search warrant; procedure

333 words·~2 min read·/nj/title-56/chapter-3/56-3-47

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

If any owner, dealer or shipper, or his agent, has reason to believe, and does believe, that any can or cans of the kind mentioned in section 56:3-42 of this Title, stamped or marked as provided in said section 56:3-42, is or are being used, or has or have been unlawfully used as aforesaid, by any person, or that any person has any such can or cans secreted in or upon his premises, or any other place, any such owner, dealer or shipper, or his agent, may go before the Superior Court or the municipal court in the municipality wherein such offenses may be or have been committed, and make complaint thereof under oath, which complaint may be wholly upon information and belief.

Whereupon the court shall issue a process in the nature of a search warrant, directed to any marshal or an executive officer of any municipality, which shall recite the complaint, or the substance thereof, and shall command such marshal or executive officer to search immediately the premises, place or places mentioned in the complaint, and, if any milk or cream cans be found, to bring the same, together with the body of the person in whose possession they may be found, before the court which shall summarily inquire into the ownership of such can or cans, and, upon being satisfied that the same belong to such owner, dealer or shipper, or that his agent is entitled to the possession thereof, he shall deliver such can or cans to such owner, dealer or shipper, or his agent, who shall have the costs of the proceedings from the person so illegally having such can or cans in his or their possession.

If the person illegally having such can or cans in his possession shall refuse to pay the costs, the court shall commit such person to the county jail of the county wherein he shall be arrested until such costs are paid.

Amended 1953, c.53, s.10; 1991, c.91, s.523; 2023, c.250, s.50.