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trade marks, , etc.; how
posed of, any goodswares, merchandise other
3. Every such person, firm, corporation, associa- Register of tion union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trade mark, and term, design, device or form of advertisement
provided in section of this act, shall register the same by filing the same for record in the office of the Secretary of State by leaving two copies, counterparts or
facsimiles thereof, with said Secretary and by filing therewith a application specifying the —what name or names of the person, association union on plication whose behalf such label, trade mark, term, design, tain. device form of advertisement, shall be filed; the class of merchandise and a description of the goods to which it has been is intended to be appropriated, stating that the party so filing, or on whose behalf, such label, trade mark, term, design, device form of advertisement shall be filedd, has the right to the use of the same; that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles counterparts filed there. with
true and correct. There shall be paid for such filing and recording a fee of one dollar. Said ning secretary shall deliver to such
person, association, or union, so filing or causing to be filed any such –secretary label, trade mark, term, design, device or form of ad-furnish vertisement so many duly attested certificates of the tested certifrecording of the same as such person, firm, corpora- record. tion, association or union may apply for, for each of
of State to
--no trade mark, etc., of similar
which certificates said secretary shall receive fee
of one dollar. Any such certificates of record shall in --proof of, all suits and prosecutions under this act be sufficient
proof of the adoption of such labels, trade marks, terms, designs, devices form of advertisement. Said Secretary of State shall not record for any per
son, union or association, any label, trade mark, term, design to be recorded. design, device form of advertisement, that would
probably be mistaken for any label, trade mark, term, design, device or form of advertisement theretofore
filed by or on behalf of any other person, firm, cortrade poration,
union association. But the said secmarks, etc., retary shall file and record under this act any label, previously
trade mark, term, design, device form of advertisement, which
mal have been previously filed by any person, firm, corporation or association union of workingmen, provided the person, firm, corporation, association union seeking to file and record under this act is the same person, firm, corporation, association union that previously filed or recorded the same label, trade mark, term, design, de
vice or form of advertisement. Unlawful to
4. Any person who shall for himself, or on behalf by false rep- of any other person, firm, corporation, association or
union, procure the filing of any label, trade mark, term, design or form of advertisement, in the office of the Secretary of State under the provisions of this
act, by making any known false or fraudulent repre
of- scntations, declaration, verbally writing, or ble for dam- by any fraudulent means, shall be liable to
pay any damages sustained in consequence of any such filing,
, to be recovered by or on behalf of the party injured there-also pun- by in any court having jurisdiction, and shall be punished
bi a fine not exceeding five hundred dollars or by imprison- prisonment not exceeding three months, or by both such
fine and imprisonment. procedure
5. Every such person, firm, corporation, association union adopting or using any such registered
label, trade mark, term, design, device or form of feiting, etc.
advertisement, as aforesaid, may proceed by suit for
sale, and award the complainant in any such suit -damages damages resulting from such manufacture, use, sale by court.
or display, as may be by the said court deemed just
-party fending. lia
to be fixed
a misde meanor ;
and reasonable, and shall require the defendants to pay such person, association union, all profits derived from such wrongful manufacture, use, sale display; and such court shall also order that all such counterfeits or imitations in the possession or
under feits to be the control of any defendant in such cause be delir- destroyed. ered to an officer of the court, or to the complainant, to be destroyed.
6. Every person, firm, corporation, association • union, who shall knowingly use ,
or display the genu- not to be
displayed, ine label, trade mark, term, design, device or form of unless advertisement of any such person, firm, corporation, thorized. association or union when registered as aforesaid, in any manner, not being authorized to do by such person, firm, corporation, association union, shall be deemed guilty of a misdemeanor and shall be pun--violation ished by imprisonment for not
than three months or by a fine of not more than five hundred penalty. dollars. In all cases where such association or union --prosecuis not incorporated suits under this act may be commenced and prosecuted by any officer or member of such association or union on behalf of and for the use of such association or union.
7. Any person, firm, corporation association, union, who shall in any way knowingly use the name
trade mark, or seal of any such person, firm, corporation, asso- etc.,
by authority ciation or union, or
officer thereof, in and about or the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of misdemeanor and shall be punished by imprisonment for not more penalty. than three months or by a fine of not more than five hundred dollars.
8. Nothing contained in this act shall be construed Rights at as affecting or impairing any right or
impairing any right or remedy at law isting not or in equity now existing for the protection of
any label, trade mark, term, design, device form of advertisement, whether or not the same is registered under the provisions hereof.
-a misde. meanor ;
(Senate Bill No. 74.)
AN ACT in relation to division hedge fences.
(Passed February 21, 1901. In effect 90 days from passage.
Feb. 22, 1901.]
Be it enacted by the Legislature of West Virginia:
1. That all hedge fences along public roads or divisfenees; how trimmed and ion hedge fences between farms, or on any land or premkept.
ises, shall be kept trimmeil so that their branches shall not extend into the public road or upon the jands of an adjoining owner,
than eighteen inches over the dividing line: For failure to keep the hedge fence trimmed, after ten days' notice in writing by the county surveyor of public roads, or by parties owning land or premises adjoining said hedge fence, on conviction before a justice of the peace, the owner shall be guilty of a misdemeanor and fined not exceeding one dollar for each day said fence shall remain untrimmed, after the ten dars' notice expires.
2. lll laws in conflict with this act are hereby repealed.
Law in conflict re
(Senate Bill No. 12.)
AY ACT for the further protection of fish in private
waters, and for the protection of the rights of persons owning lands which
are springs, brooks or
[Passed February 21, 1901. In effect 90 days from passage.
February 22, 1901.)
Be it enacted by the Legislature of West Virginia :
1. That it shall be unlawful to catch or destroy, or fish; attempt to catch or destroy, any fish in or from any
spring, brook, or run, the property of any individual,
or to drain, or attempt to drain, any dam, pool, or pond, etc.
pond, in any such spring, brook, or run, except with
the consent of the
of such spring, brook or run: provided, that the owner, or person in control --proviso of such spring, brook, or run, or any part thereof, over tion of which he desires the protection of this act, shall have signs, if persigns at least one foot square erected at such spring protection. or along such brook, or run, on which signs shall be the words, "No fishing or trespassing allowed here,” and the name of the persons owning, or in control of, the property; which signs shall not be less than three in number, placed as nearly as may conveniently be about equi-distant from each other, and in case of a brook or run, one at or near the point where the same enters, and another at or near the point where it leaves, the land of the person desiring to avail himself of the protection of this act.
2. Any person violating the first section of this act Penalty shall be guilty of a misdemeanor, and shall for each offence be fined not less than ten dollars, nor more than fifty dollars, and may, at
may, at the discretion of the justice or court trying the case, be confined in jail, not exceeding two months; and where any person is for penaltyd convicted the second time for violating the first offence. tion of this act, the court or justice before whom such second conviction is had, shall require him to enter into recognizance with good security, in penalty of not less than one hundred dollars, for his good behavior for one year; or if he fail to give such security, commit him to jail for one month, unless it be sooner given. Such recognizance shall be forfeited of recogniif such person again violate the first section of this act when. within the year.
3. If any person be found in, on or along, any such When spring, brook, or run, where it is the property of, or guilty of under the control of, the person who has erected or has had erected signs as hereinbefore provided for, with any fish, or any line, rod, net, bait, or other implement used in fishing, this shall be deemed prima facie evidence that he has violated the first section of this act.
violation this act.