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each week for three weeks successively in a newspaper published in the county or corporation in which said notice may have been filed as a foreSaid, and if there be no newspaper published in the county or corporation in which said notice may have been filed as aforesaid then in the newspaper published nearest to that county or corporation.
2. It shall be unlawful for any person or persons, corporation or corporations to fill with soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or other beverages, or with medicine, medical preparations, perfumery, compounds, or mixtures any bottle, box, syphon, tin, or kegs so marked or distinguished as aforesaid with or by any name, mark, or device of which a description shall have been filed and published as provided in section one of this act, or to deface, erase, obliterate, cover up, or otherwise remove or conceal any such name, mark, or device thereon, or to sell, buy, give, take, or otherwise dispose of or traffic in the same without the written consent of or unless the same shall have been purchased from the person or persons, corporation or corporations whose mark or device shall be or shall have been in or upon the bottle, box, syphon, tin, or keg so filled, trafficked in, used, or handled as aforesaid. Any person or persons, corporation or corporations offending against the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished for the first offence by imprisonment not less than ten days nor more than one year, or by a fine of fifty cents for each and every bottle, box, syphon, tin, or keg so filled, sold, used, disposed of, bought, or trafficked in, or by both such fine and imprisonment, and for each subsequent offence by imprisonment not less than twenty days nor more than one year, or by a fine of not less than one dollar nor more than five dollars for each and every bottle, box, syphon, tin, and key so filled, sold, used, disposed of, bought, or trafficked in, or by both such fine and imprisonment, in the discretion of the justice or the jury by whom the offence shall be tried.
3. The use by any person other than the person or persons, corporation As Amended or corporations whose device, name, or mark shall be or shall have been 1891-2, p. 326. upon the same without such written consent or purchase as aforesaid of any such marked or distinguished bottle, box, syphon, tin, or keg, when a description of the name, mark, or device shall have been filed and published as herein provided for, the sale therein of soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, white beer, or beverages, or of any articles of merchandise, medicine, medical preparations, perfumery, compounds, mixtures, or preparations, or for the furnishing of such or similar beverages to consumers, or the buying, selling, using, disposing of, or trafficking in any such bottles, boxes, syphons, tins, or kegs by any person other than said persons or corporations having a name, mark, or device therecn, or such owner without such written consent, or the having by any junk dealer or dealer in second-hand articles possession of any such bottles, boxes, syphons, tins, or kegs, a description of the names, marks, or devices whereon shall have been so filed and published as aforesaid without such written consent, shall and is hereby declared to be presumptive evidence of the said unlawful use, purchase, and traflicking of such bottles, boxes, syphons, tins, or kegs.
4. Whenever any person, persons, or corporation mentioned in section one of this act, or his, her, its, or their agent shall make oath before any police justice or justice of the peace that he, she, or it has reason to believe and does believe that within the city or town of such police justice or within the county of such justice of the peace that any of his, her, its,
or their bottles, boxes, syphons, tins, or kegs, a description of the names, marks, or devices whereon has been so filed and published as aforesaid, are being unlawfully used or filled, or had by any person or corporation manufacturing or selling soda, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer, or other beverages, or medicine, medicinal preparations, perfumery, compounds, or mixtures, or that any junk dealer or dealer in second-hand articles, vender of bottles, or any other person or corporation has any such bottles, boxes, syphons, tins, or kegs in his, her, or its possession or secreted in any place, the said police justice or said justice of the peace before whom such oath may be made must thereupon issue a search warrant to discover and obtain the same, and may also issue his warrant stating the offence charged and cause to be brought before him the person in whose possession said bottles, boxes, syphons, tins, or kegs may be found, and shall then inquire into the circumstances of such possession; and if said police justice or justice of the peace finds that such person has been guilty of a violation of section two of this act he must impose the punishment therein prescribed, and he shall award possession of the property taken upon such warrant to the owner thereof.
5. Any person convicted under the provisions of the preceding section shall have the right to appeal to the county, corporation, or hustings court, and shall, unless let to bail, be committed to jail by the justice until the next term of such court and the witnesses recognized to appear at the same time. The justice shall return and file the papers with the clerk of the court whether the appeal be applied for or not.
6. The appeal shall be tried without formal pleadings in writing, and the accused shall be entitled to trial by jury in the same manner as if he had been indicted for the offence in said court.
7. In every case of acquittal by a police justice or a justice of the peace if he believes the charge was made maliciously and without probable cause he may render judgment for the costs against the prosecutor.
Sec. 1906 b, Lawful to adopt marks of designation for saw-logs, piles, hewn timber or square timber, and for the protection of the owners thereof.-1. It shall be lawful for any person at any time engaged in lumbering or rafting in any manner upon the Elizabeth river in the state of Virginia or on any of its tributaries or in the Albemarle and Chesapeake canal or in the Dismal swamp canal or in any river or creek lying within the boundaries of this state and connecting with either of said canals or upon Chesapeake bay, to adopt a mark of designation (which mark may be either in letters, figures, words, names, or other devices at the discretion of such person) wherewith to stamp or mark all saw-logs, piles, hewn timber or square timber put or intended to be put by him in any of said streams to be floated and rafted on the same. A statement of the marks so adopted with a certificate appended that the same has been so adopted as the mark of designation aforesaid signed by the person adopting the same as aforesaid shall be furnished to the clerk of the court of the city or county where such person is doing business as aforesaid and has his principal office. And no person shall be entitled to adopt more than one of any of the respective kinds of marks or stamps aforesaid as his mark of designation, but any such person shall not be prohibited from using any other mark in addition to such mark of designation for distinguishing different kinds or lots of timber obtained from different localities, so always that it interfere not with the mark of designation of any other person. And the clerk of the said court shall be entitled to demand and receive for the first certificate of such mark of designation the sum of seventy-five cents and
1893-4, p. 462.
for every subsequent certificate of like nature the sum of fifty cents, and any such certificate shall be prima facie evidence of the right of the person filing the same to use the mark or marks mentioned therein.
2. Any person except the owner thereof taking up and securing any sawlog, pile, hewn timber or square timber detached from any raft and found adrift or aground on any of the waters or streams aforesaid shall promptly report such fact to the owner thereof, or shall lodge a list containing a description of the quantity, quality, and marks, if any, of such timber with a justice of the peace living nearest to the place where such timber was so found and secured, which justice of the peace shall promptly advertise the same for five consecutive days in a newspaper published in the city of Norfolk. If said timber shall not be claimed by the owner thereof within thirty days after such publication it shall and may be lawful for such justice to order the sale thereof at public auction by a constable after giving five days' notice of the time, place, and terms of such sale by not less than six hand-bills posted in the most public places in the vicinity where the same was found and within the county wherein said justice may reside; and out of the proceeds of said sale the justice, after paying the expenses of such advertisement and hand-bills, together with all the other costs of such proceeding at law, shall pay to the person or persons who found and secured the said timber ten cents for each piece thereof so taken and se. cured, and the residue of such proceeds of sale the justice shall pay into the treasury of this commonwealth for the benefit of the state.
3. If any person shall fraudulently or wilfully use any such registered mark, or shall fraudulently claim to be the owner of any such marked sawlog, pile, square or hewn timber found or being in any of said streams of water, whether floating or aground or tied up to any wharf or other object, either as part of a raft or not, or shall take and carry away any such marked sa w-log, pile, or piece of square or hewn timber without the authority of the owner thereof, or shall wilfully deface or obliterate any such mark, name, figure, letter, or other designation thereon, or shall fraudulently saw, split, consume, destroy, or injure any such marked sawlog, pile, square or hewn timber, or shall without the consent of the owner thereof sell or convert the same to his own use unless it shall have been duly forfeited according to the provisions of this act or according to other provisions of law, he shall for every such offence and upon conviction thereof be imprisoned for a term of not less than sixty days and not exceeding twelve months, in the discretion of the court, in the jail of the county where such offence was committed.
Sec. 1906 c. To protect the owners of timber and logs from depre- 1893-4, p. 513. dation.-1. Every person, firm, or corporation dealing in logs or timber in any form to be floated on the streams of this state shall be called and known as timber dealers, and as such may adopt a brand or trade-mark in the manner and with the effect hereinafter provided.
2. That every such dealer desiring to adopt a brand or trade-mark who has not heretofore adopted a brand or trade-mark may do so by the execution and acknowledgment as deeds are required to be acknowledged of a writing substantially in form and effect as follows, to wit:
Notice is hereby given that I (or we or the undersigned company, as the case may be) have (or has) adopted the following brand or trade-mark to be used in my (or our or its) business as a timber dealer (or dealers as the case may be), to wit : (Here insert the word, letter or letters, or figures, or device or devices adopted.)
Given under my (or our or its) hand and seal this day of eighteen
Said writing may be proven as deeds are proven in this state and shall be recorded in the office of the clerk of the county court of the county in which the principal office or place of business of such timber dealer may be and of such other counties as said dealer or dealers may do business in. Nothing in this act shall be construed to prevent any person who has heretofore used any particular brand from adopting the same as his trade-mark, and when he shall have adopted the same as his trade-mark as provided in this act it shall apply to the trees and timber heretofore marked with such brand as well as to such as may be hereafter so marked.
3. That every brand or trade-mark so adopted shall from the date of its being so recorded as aforesaid be the exclusive brand or trade-mark of the person or persons or firm or corporation so adopting the same, and any other firm, person, or corporation knowingly using or attempting to use the same without authority in writing from the owner thereof shall be guilty of a misdemeanor and fined for each offence in so using the same not less than twenty nor more than two hundred dollars, and shall be lia ble to the owner of such brand or trade-mark for all the damages sustained by such owner by reason of the use of such brand or trade-mark.
4. That every timber dealer may have a branding-iron or hammer with which to impress said brand or trade-mark on a log, tree, or other timber : and any person who shall use said branding-iron or hammer or have or use one of like form and making the same brand or trade-mark, or who shall intentionally and without authority in writing remove, deface, obliterate, or destroy said brand or trade-mark when once impressed or placed on a log, tree, or other timber shall be guilty of a felony, and for each offence shall be confined in the penitentiary not less than one nor more than three years.
5. That if any person shall knowingly or fraudulently impress or place such brand or trade-mark on any log, tree, or other timber not his own he shall be guilty of a misdemeanor and fined for each offence not less than ten nor more than one hundred dollars and confined in the county jail not less than ten por more than twenty days.
6. That the placing or impressing such brand or trade-mark on a log, tree, or other marketable timber shall be deemed and held to be a change of ownership and possession, and any person who shall cut down a tree or shall knowingly have in his possession a log or other timber that has been so branded without the written consent of its owner and claiming it as his own, or who shall convert it to his own use or offer to sell same, shall be guilty of a felony and punished by confinement in the penitentiary for a period of not less than one nor more than two years for each offence, unless the defendant in such case show a bona fide adverse claim or color of title to the timber or logs in question obtained before such branding.
7. That every person who shall take, catch, hold, or have in his possession any log or other marketable timber not branded as aforesaid without the written consent of the owner thereof shall within ten days after catching, taking up, or getting possession of the same as aforesaid report the same in writing to the county clerk of the county in which such person resides, and thirty days after such report is received the sheriff of said county shall sell the same publicly at the court-house door on the first day of a county court in said county, of which notice shall be given by said sheriff for at least ten days by written or printed notices posted at the front door of said court-house or near thereto and at one or more public places in said county. Any person owning said log or timber may, however, recover the same, satisfying the sheriff that he is entitled to it or by action of detinue as provided by law. Said sale shall be made for cash and the pro
ceeds when collected, after paying the expenses of sale including a fee of twenty-five cents for each log or piece of timber so sold, shall be paid to the treasurer of the county for the benefit of the public schools of the district in which the party reporting the same shall at that time reside. Any person failing to report to said clerk as aforesaid or to turn over said log or other timber to said sheriff, or any sheriff failing or refusing to advertise and sell such log or timber as aforesaid shall be guilty of a misdemeanor and fined not less than ten nor more than one hundred dollars for each offence.
Sec. 1906 d. To protect labels, trade-marks, terms, &c., of labor as- 1897-8, p. 28. sociations and organizations.-Whenever any person or any association or union of workingmen has heretofore adopted or used or shall hereafter adopt or use any label, trade-mark, term, design, device, or form of advertisement for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor as having been made, manufactured, produced, prepared, packed, or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, and has filed and recorded the same as hereinafter provided, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, design, device, or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement.
2. Whoever counterfeits or imitates any such label, trade-mark, term, design, device, or form of advertisement, or knowingly and with intent to deceive sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device, or form of advertisement, or knowingly and with intent to deceive keeps or has in his possession with intent that the same shall be sold or disposed of any goods, wares, merchandise, or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped, or impressed, or knowingly and with intent to deceive knowingly sells or disposes of any goods, wares, merchandise, or other product of labor contained 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 knowingly and with intent to deceive keeps or has in his possession with intent that the same shall be sold or disposed of any goods, wares, merchandise, or other product of labor 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 shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.
3. Every such person, association, or union that has heretofore adopted or used or shall hereafter adopt or use a label, trade-mark, term, design, device, or form of advertisement as provided in section one of this act may file the same for record in the office of the secretary of the commonwealth by leaving two copies, counterparts or fac similes thereof, with said secretary and by filing therewith a sworn application specifying the name or names of the person, association, or union on whose behalf such label, trade-mark, term, design, device, or form of advertisement shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, trade-mark, term, design, device, or form of advertisement shall be filed has a right to use the same; that no other person, firm, association, union, or corporation has the right to such use, either in