or

or

or

con

Or

or

-how
ished.

pun

or

trade marks, , etc.; how

where.

as

one

posed of, any goodswares, merchandise other
product of labor to which or on which any such coun-
terfeit imitation is printed, painted, stamped or
impressed; or knowingly sells or disposes of any goods,
wares, merchandise other product of labor
tained in any box, case, can or package to which or on
which any such counterfeit or imitation is attached,
affixed, printed, painted, stamped or impressed or know-
ingly keeps or has in his possession, with intent that the
same shall be sold or disposed of, any goods, wares,
merchandise or other procluct of labor in any box,
case, can or package, to which on which any such
counterfeit imitation is attached, affixed, printed,
stampel or impressed, shall be punished by a fine of
not more than five hundred dollars or by imprisonment
for not more than three months, or by both such fine and
imprisonment.

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

Sworn

ap

or

must

con

or

or

or

or

are

-fee for

of State to

at

a

what.

or

--no trade mark, etc., of similar

or

shall cord

or

filed.

or

aril

or

or

or

obtain mark,

trade etc.,

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
damages to enjoin the manufacture, use, display
sale of any counterfeits or imitations thereof, and all
courts of competent jurisdiction shall grant injunc-
tions to restrain such manufacture, use, display or

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

resentation.

-party fending. lia

or

or in

or

or

-counter

seized

and

Trade or

marks, etc.,

au

SO

or

more

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

impaired.

any label, trade mark, term, design, device form of advertisement, whether or not the same is registered under the provisions hereof.

tions.

or Unlawful

to use

except

owner.

a

-a misde. meanor ;

law

now

ex

or

(Senate Bill No. 74.)

CHAPTER 6.

AN ACT in relation to division hedge fences.

(Passed February 21, 1901. In effect 90 days from passage.

Feb. 22, 1901.]

Approved

Be it enacted by the Legislature of West Virginia:

..?

more

SO

Hedge

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.

pealed.

Law in conflict re

(Senate Bill No. 12.)

CHAPTER 7.

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

on

runs.

Approved

[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

Unlawful to
catch or de-
stroy
in what
waters.

-draining

Owner

to

erec

desires

a

for violations.

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.

second

sec

a

forfeiture

:

deemed