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CHAPTER 274.

AN ACT TO PUNISH THE COUNTERFEITING OF TRADE-MARK GOODS AND THE SALE OR
DEALING IN OF COUNTERFEIT TRADE MARK GOODS.

SECTION

1. Penalty for dealing in goods in similitude of trade-mark goods with intent to defraud.

2. for fraudulently affixing trade-marks or imitation to goods, &c.

3.- fraudulently filling packages bearing registered trade-mark.

4.making, &c., trade-mark dies with intent to defraud.

Be it enacted, &c.

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Aug. 14, 1876.

19 Stat. L., 141.

R. S., § 49374947.

[SECTION 1], That every person who shall with intent to defraud, deal. Penalty for dealin or sell, or keep or offer for sale, or cause or procure the sale of, any similitude of tradeing in goods in goods of substantially the same descriptive properties as those referred mark goods with to in the registration of any trade mark, pursuant to the statutes of the intent to defraud. United States, to which, or to the package in which the same are put up, is fraudulently affixed said trade-mark, or any colorable imitation thereof, calculated to deceive the public, knowing the same to be counterfeit or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished by fine not exceeding one thousand dollars, or imprisonment not more than two years, or both such fine and imprisonment.

1881, March 3, ch. 138.

100 U. S, 82. 16 Opin. Att'yGen., 586.

mark or imitation

SEC. 2. That every person who fraudulently affixes, or causes or pro- for fraudulently cures to be fraudulently affixed, any trade-mark registered pursuant to affixing tradethe statutes of the United States, or any colorable imitation thereof, to goods, &c. calculated to deceive the public, to any goods, of substantially the same descriptive properties as those referred to in said registration, or to the package in which they are put up, knowing the same to be counterfeit, or not the genuine goods, referred to in said registration, shall on conviction thereof, be punished as prescribed in the first section of this act.

trade-mark.

SEC. 3. That every person who fraudulently fills, or causes or procures -fraudulently to be fraudulently filled, any package to which is affixed any trade-mark, filling package registered pursuant to the statutes of the United States, or any color- bearing registered able imitation thereof, calculated to deceive the public, with any goods of substantially the same descriptive properties as those referred to in said registration, knowing the same to be counterfeit, or not the genuine goods referred to in said registration, shall, on conviction thereof, be punished as prescribed in the first section of this act.

fraud.

SEC. 4. That any person or persons who shall, with intent to defraud -making, &c., any person or persons, knowingly and willfully cast, engrave, or manu- trade-mark dies facture, or have in his, her, or their possession, or buy, sell, offer for with intent to desale, or deal in, any die or dies, plate or plates, brand or brands, engraving or engravings, on wood, stone, metal, or other substance, moulds, or any false representation, likeness, copy, or colorable imitation of any die, plate, brand, engraving, or mould of any private label, brand, stamp, wrapper, engraving on paper or other substance, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act.

SEC. 5. That any person or persons who shall, with intent to defraud -forging or counany person or persons, knowingly and willfully make, forge, or coun- terfeiting tradeterfeit, or have in his, her, or their possession, or buy, sell, offer for marks. sale, or deal in, any representation, likeness, similitude, copy, or colorable imitation of any private label, brand, stamp, wrapper, engraving, mould, or trade mark, registered pursuant to the statutes of the United States, shall, upon conviction thereof, be punished as prescribed in the first section of this act.

SEC. 6. That any person who shall, with intent to injure or defraud Dealing in empty the owner of any trade-mark, or any other person lawfully entitled to packages bearing use or protect the same, buy, sell, offer for sale, deal in or have in his trade-marks with possession any used or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed, so that the same may be obliterated

intent to defraud.

Search-warrants

without substantial injury to such box or other thing aforesaid, any trade-mark, registered pursuant to the statutes of the United States, not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, shall, on conviction thereof, be punished as prescribed in the first section of this act.

SEC. 7. That if the owner of any trade-mark, registered pursuant to for counterfeit the statutes of the United States, or his agent, make oath, in writing, plates, trade- that he has reason to believe, and does believe, that any counterfeit marks, &c. dies, plates, brands, engravings on wood, stone, metal, or other substance, or moulds, of his said registered trade mark, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, or makes such oaths that any counterfeits or colorable imitations of his said trade-mark, label, brand, stamp, wrapper, engraving on paper or other substance, or empty box, envelope, wrapper, case, bottle, or other package, to which is affixed said registered trade-mark not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, then the several judges of the circuit and district courts of the United States and the Commissioners of the circuit courts may, within their respective juris dictions, proceed under the law relating to search-warrants, and may issue a search-warrant authorizing and directing the marshal of the United States for the proper district to search for and seize all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, and said counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper, or other substance, and said empty boxes, envelopes, wrappers, cases, bottles, or other packages that can be found;

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And upon satisfactory proof being made that said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, are to be used by the holder or owner for the purposes of deception and fraud, that any of said judges shall have full power to order all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, cases, bottles, or other packages, to be publicly destroyed.

SEC. 8. That any person who shall, with intent to defraud any person or persons, knowingly and willfully aid or abet in the violation of any of the provisions of this act, shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or imprisonment not more than one year, or both such fine and imprisonment. [August 14, 1876.]

CHAPTER 287.

AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL
EXPENSES OF THE GOVERNMENT FOR THE YEAR ENDING JUNE THIRTIETH,
EIGHTEEN HUNDRED AND SEVENTY-SEVEN, AND FOR OTHER PURPOSES.

Aug. 15, 1876.

19 Stat. L., 143.

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Prices to be paid for folding books, Daily Record, &c.,

[Par. 1.] The following prices may be paid for folding books, pamphlets, speeches, and the Daily Record, namely: For quarto volumes not exceeding one cent per volume; for octavo volumes, not exceeding one-half for Congress." cent each per volume; for the Daily Record, not exceeding two dollars 1880, June 15, ch. per thousand; and for speeches not exceeding one dollar per thousand.

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[Par. 2.] So much of the Joint Resolution approved July fifteenth, eighteen hundred and seventy, as authorizes the employment of additional police force is hereby repealed to take effect from and after the thirtieth day of June eighteen hundred and seventy-six.(1)

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225, par. 1.

Additional police force at Capitol not to be employed. R. S., 1826.

Public Printer

[Par. 3.] The term "Public Printer" as employed in that part of the act making appropriations for sundry civil expenses of the Government successor to Confor the current fiscal year which repeals all laws providing for the elec- gressional Printer. tion or appointment of Public Printer shall be construed as embracing R. S., § 3758. 1874, June 20, ch. that officer whether known as Congressional Printer or Public Printer. 328, par. 4. 23, ch. 455, 0 1, par. 1. 1876, July 31, ch. 246, par. 1. [Par. 4.] The Architect of the Capitol shall have the care and super- Architect of Capintendence of the Capitol including, lighting, and shall submit through the Secretary of the Interior, estimates thereof:

June

itol; additional

duties transferred to him.

R. S., §§ 1797,

And provided further, That all the duties relative to the Capitol building heretofore performed by the Commissioner of public buildings and 1816, 1817. grounds, shall hereafter be performed by the Architect of the Capitol, whose office shall be in the Capitol building.

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[Par. 5.] Hereafter the transmission of internal revenue stamps to the Internal-revenue officers of the internal revenue service shall be made through the mails stamps to be sent of the United States in registered packages.

by mail.

[Par. 6.] Hereafter no storekeeper shall receive a greater compensation Compensation of than four dollars per day; and said gaugers and storekeepers, respec- gaugers and storekeepers. tively shall only receive compensation when rendering actual service. R. S., §§ 3153, 3157. 1879, June 21, ch. 34.

Internal-revenue

districts reduced.

R. S., § 3141.

And it shall be the duty of the President, and he is hereby authorized and directed, to reduce the number of internal revenue districts to not exceeding one hundred and thirty-one in the manner heretofore provided by law, which reduction shall take effect on the first day of September, eighteen hundred and seventy-six or as soon thereafter as may be practicable. And sections thirty-one hundred and fifty-nine, and thirty-one hun- Supervisors of dred and sixty of the Revised Statutes, and all laws and parts of laws internal revenue in conflict with the provisions of the foregoing paragraphs relating to abolished, repealthe internal revenue service, are hereby repealed.(2)

The powers of transfer, and of suspension, of officers conferred upon supervisors by section thirty-one hundred and sixty-three of the Revised Statutes, are hereby vested in the Commissioner of Internal Revenue; and all other powers conferred, and duties imposed, by said section upon supervisors, are hereby conferred and imposed upon collectors of internal revenue within their respective districts.

NOTES (1) That part of the resolution of 1870, July 15, No. 131 (16 Stat. L., 391) here referred to, is incorporated into § 1825 of the Revised Statutes.

(2) The sections hereby repealed are so noted and printed in the second edition of the Revised Statutes,

ing

R. S., § 3159, 3160.

power of, transferred to Commis

sioner and collect

ors.

R. S., § 3154, 3159, 3100,3163.

1879, March 1 ch. 125, § 2.

Suspension of In case of the supervision (3) of a collector, under the power hereby collectors of inter- conferred, the Commissioner of Internal Revenue shall, as soon therereported to Presi- after as practicable, report the case to the President through the Secretary of the Treasury for such action as he may deem proper.

nal revenue to be

dent.

Special agents in

customs service;

number and com-
pensation of.
R. S., § 2649

2651.

1878, June 19, ch. 329, § 1, par. 7.

And sections twenty-six hundred and forty-nine, twenty-six hundred and fifty, and twenty-six hundred and fifty-one of the Revised Statutes, and all laws and parts of laws authorizing the Se retary of the Treasury to appoint special agents to be employed in the customs service and classifying them and regulating the duties of said agents, shall be so modified as to authorize the appointment of only twenty special agents, each of whom shall receive a compensation of not exceeding eight dollars per day, in the discretion of the Secretary of the Treasury, and actual traveling expenses when actually employed in the duties of such agency. Packages of spir- And sections thirty-three hundred and twenty-one of the Revised its filled on prem- Statutes, and thirty-three hundred and twenty-three, so far as the latter dealer to be relates to wholesale liquor-dealers' packages filled on the premises of stamped under wholesale liquor dealers, shall, from and after ten days from the passage regulations of of this act, be repealed; and packages of distilled spirits filled on the Commissioner; re- premises of any wholesale liquor dealer shall thereafter be stamped pealingunder such rules and regulations as the Commissioner of Internal ReveR. S., 3323, in nue may prescribe.(4) part.

ises of wholesale

R. S., § 3321.

Duties of store

That the Secretary of the Treasury may, upon the recommendation of keeper and gauger the Commissioner of Internal Revenue, impose the duties of storekeeper may be united in one officer, who and gauger upon one officer, where the amount of spirits produced at shall have commis- the distillery, to which such officer may be assigned, is not sufficient, sion and give bond. in the judgment of the Commissioner to warrant the employment of two R. S., 3153, officers to perform the separate duties of storekeeper and gauger.

3156.

Assistant treas.

abolished.

The Secretary of the Treasury may issue a commission to such officer as storekeeper and gauger, but the compensation for his services as storekeeper and gauger shall be that of storekeeper only.

And the said officer shall before entering upon the discharge of such duties, give a bond in the penal sum of not less than five thousand dollars for the faithful performance of the combined duties of storekeeper and gauger.

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[Par. 7.] So much of section thirty-five hundred and ninety-five of urer at Charleston the Revised Statutes as provides for the appointment of an assistant R. S., § 3595, treasurer of the United States at Charleston is hereby repealed from 3608, 3615. and after September, thirtieth, eighteen hundred and seventy-six; Depositories of And the Secretary of the Treasury is directed to discontinue, from public money at said date, the depositories at Buffalo, New York Santa Fe, New Mexico, Buffalo, Santa Fé, and Pittsburgh Pennsylvania.

and Pittsburgh

discontinued.

Number of clerks SEC. 3. That whenever, in the judgment of the head of any department, of higher grade the duties assigned to a clerk of one class can be as well performed by a may be diminished and of lower in clerk of a lower class or by a female clerk, it shall be lawful for him to dicreased, within ap- minish the number of clerks of the higher grade and increase the number propriation, &c. of the clerks of the lower grade within the limit of the total appropriaR.S., §§ 161, 163, tion for such clerical service:

167.

and their widows

Discharged sol- Provided, That in making any reduction of force in any of the execudiers and sailors tive departments, the head of such department shall retain those persons and orphans to be who may be equally qualified who have been honorably discharged from preferred in retain the military or naval service of the United States, and the widows and ing clerks, &c. orphans of deceased soldiers and sailors.

R. S., § 1754.

Clerks, agents,

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SEC. 5. That the executive officers of the Government are hereby prolaborers, &c., not hibited from employing any clerk, agent, engineer, draughtsman mesto be employed in departments be- senger watchman, laborer, or other employee, in any of the executive

yond provisions of law.

R. S., § 171.

NOTES.-(3) This word should be suspension, instead of supervision, as the context shows, and as it was in the former act on this subject, but it is engrossed on the roll as here printed.

(4) These amendments have been incorporated into the second edition of the Revised Statutes in the sections referred to.

departments in the city of Washington, or elsewhere beyond provision made by law.

Penalty for offi

SEC. 6. That all executive officers or employees of the United States not appointed by the President, with the advice and consent of the Sen- cers not appointed ate, are prohibited from requesting, giving to, or receiving from, any ing to or receiving by President givother officer or employee of the Government, any money or property or from other officers other thing of value for political purposes;

money, &c., for

And any such officer or employee who shall offend against the pro- political purposes. visions of this section shall be at once discharged from the service of the United States;

And he shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars.

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R. S., § 3915. 1877, Feb. 27, ch. 69, par. 138.

SEC. 9. (5) That the Secretaries respectively of the Departments of Postage-stamps State, Treasury, War, Navy, and Interior, and the Attorney-General, how obtained. for Departments; are authorized to make requisitions upon the Postmaster-General for the necessary amount of postage stamps for the use of their Departments not exceeding the amount stated in the estimates submitted to Congress; and upon presentation of proper vouchers therefor at the Treasury, the amount thereof shall be credited to the appropriation for the service of the Post Office Department for the same fiscal year. [August 15, 1876.]

NOTE.-(5) This section is repeated in act of 1877, ch. 102, § 2 (19 Stat. L., 319), and in act of 1878, ch. 350, § 2 (20 Stat. L., 206).

15 Opin. Att'yGen., 262.

CHAPTER 289.

AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES OF
THE INDIAN DEPARTMENT, AND FOR FULFILLING TREATY-STIPULATIONS WITH VA-
RIOUS INDIAN TRIBES, FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUN-
DRED AND SEVENTY-SEVEN, AND FOR OTHER PURPOSES.

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Aug. 15, 1876.

19 Stat. L., 176.

No further ap[Par. 1.] Hereafter there shall be no appropriation made for the subsistence of said [Sioux] Indians, unless they shall first agree to relin- made for Sioux Inpropriations to be quish all right and claim to any country outside the boundaries of the dians until they permanent reservation established by the treaty of eighteen hundred release certain and sixty-eight for said Indians; claims; nor unless they receive supAnd also so much of their said permanent reservation as lies west of plies at places desthe one hundred and third meridian of longitude, and shall also grant ignated. right of way over said reservation to the country thus ceded for wagon Treaty (15 Stat. or other roads, from convenient and accessible points on the Missouri L., 635). River, in all not more thau three in number;

And unless they will receive all such supplies herein provided for, and provided for by said treaty of eighteen hundred and sixty-eight, at such points and places on their said reservation, and in the vicinity of the Missouri River, as the President may designate; and the further sum of twenty thousand dollars is hereby appropriated to be expended under the direction of the President of the United States for the purpose of carrying into effect the foregoing provision:

-nor until ar

And provided also, That no further appropriation for said Sioux Indians for subsistence shall hereafter be made until some stipulation, rangements are agreement, or arrangement shall have been entered into by said Indians made for their self

support.

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