Pictures for trade purposes, L. 1903. ch. 132.

the late rebellion or proof of such service beyond sea, such county clerk shall issue without cost to such soldier, sailor or marine a license certifying him to be entitled to the benefits of this act. (Amended by L. 1899, ch. 659, and L. 1904, ch. 556, in effect May 3, 1904.)

(5) Use of picture for trade purposes.

L. 1903, ch. 132. An act to prevent the unauthorized use of the name or picture of any person for the purposes of trade. [In effect April 1, 1903.]

Section 1. A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.

§ 2. Any person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait or picture, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use, and if the defendant shall have knowingly used such person's name, portrait, or picture in such manner as is forbidden or declared to be unlawful by this act, the jury, in its discretion, may award exemplary damages.

§ 3. This act shall take effect September first, nineteen hundred and three.

(6) Protection of owners of signs and utensils.

L. 1904, ch. 548. An act for the better protection of owners of certain signs and utensils. [In effect May 3, 1904.]

§ 1. Filing; publication of description. Any and all persons and corporations engaged in manufacturing, freezing, preserving or selling ice cream, confectionery, charlotte russe, cakes and jellies, with his, her, its or their name or names or other marks or devices, branded, stamped, engraved, stenciled, blown, impressed or otherwise produced upon the freezers, cans, blocks, moulds, trays, bricks, pans, tanks, pails, kegs, tubs, refrigerators, boxes, spoons, cutlery, glass, china, chairs, tables or signs used

Protection of signs and utensils (L. 1904, ch. 548), § 2.

by him, her, it or them, may file in the office of the clerk of the county in which his, her, its or their principal place of business is located, or, if such person, persons, corporation, or corporations, shall manufacture or sell out of this state, then in any county in this state, and also in the office of the secretary of state, a description of the name or names, marks or devices, so used by him, her, it or them, respectively, and cause such description to be printed once in each week, for three weeks successively, in a newspaper published in the county in which said notice may have been filed, as aforesaid, except that in the city and county of New York, and the city of Brooklyn, in the county of Kings, such publication shall be made twice in each week, for three weeks successively, in two daily newspapers published in the cities of New York and Brooklyn respectively.

§ 2. Unlawful use; punishment. It is hereby declared to be unlawful for any person or persons, corporation or corporations, to make use of, for similar or other purposes, any such freezers, cans, blocks, moulds, trays, bricks, pans, tanks, pails, kegs, tubs, refrigerators, boxes, spoons, cutlery, glass, china, chairs, tables or signs 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 said freezers, cans, blocks, moulds, trays, bricks, pans, tanks, pails, kegs, tubs, refrigerators, boxes, spoons, cutlery, glass, china, chairs, tables or signs trafficked in, used or handled as aforesaid. Any person or persons, corporation or corporations, offending against the provision of this section, shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment not less than ten days nor more than one year, or by a fine of three dollars for each and every such article named and described in section one, sold, used, disposed of, bought or trafficked in, or by both such fine and imprisonment, and for each subsequent offense by imprisonment not less than twenty days nor more than one year, or by a fine of not less than five dollars nor more than ten

Protection of signs and utensils (L. 1904, ch. 548), §§ 3, 4.

dollars for each and every such article named and described in section one, sold, used, disposed of, bought or trafficked in, or by both such fine and imprisonment, in the discretion of the magistrate before whom the offense shall be tried.

§ 3. Evidence of unlawful use. The use by any person other than the person or persons, corporation or corporations, whose device, name or mark shall be or shall have been upon the same without such written consent or purchase as aforesaid, of any such article named and described in section one, a description of the name, mark or device whereon shall have been filed and published as herein provided, for similar or other purposes, or the buying, selling, using, disposing of, or trafficking in any such article named and described in section one, by any person other than said persons or corporations having a name, mark or device thereon of such owner, without such written consent, or the having by any junk dealer or dealers in second hand articles, possession of any such article, named and described in section one, a description of the marks, names 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 traffic in of such freezers, cans, blocks, moulds, trays, bricks, pans, tanks, pails, kegs, tubs, refrigerators, boxes, spoons, cutlery, glass, china, chairs, tables or signs.

Whenever

$4. Search warrant to ascertain unlawful use. any person, persons or corporation mentioned in section one of this act, or his, her, its or their agent, shall make oath before any magistrate, that he, she, or it, has reason to believe, and does believe, that any of his, her, its or their freezers, cans, blocks, moulds, trays, bricks, pans, tanks, pails, kegs, tubs, refrigerators, boxes, spoons, cutlery, glass, china, chairs, tables or signs a description of the names, marks or devices whereon has been so filed and published as aforesaid, are being unlawfully used for similar or other purposes, or that any junk dealer or dealers in second hand articles, or any other person or corporation, has any such article as named and described herein, in his, her or its possession, or secreted in any place, the said magistrate must thereupon issue a search warrant to discover and obtain the same, and may also cause to be brought before him the person in whose possession

Domestic Relations Law (L. 1896, ch. 272), §§ 3, 4.

such articles as named and described herein may be found, and shall then inquire into the circumstances of such possession, and if such magistrate finds that such person has been guilty of a violation of section two of this act, he must impose the punishment. herein prescribed, and he shall also award possession of the property taken upon such warrant to the owner thereof.

§ 5. What not deemed sale. The requiring, taking or accepting of any deposit, for any purpose, upon any freezer, can, block, mould, tray, brick, pan, tank, pail, keg, tub, refrigerator, box, spoon, cutlery, glass, china, chair, table or sign, shall not be deemed or constitute a sale of such property, either optional or otherwise, in any proceeding under this act.

§ 6. Description need not be republished. Any person or persons, corporation or corporations, that has or have heretofore filed in the offices mentioned in section one of this act, a description of the name or names, mark or devices upon his, her, their or its property, therein mentioned, and has caused the same to be published according to the law existing at the time of such filing and publication, shall not be required to again file and publish such description to be entitled to the benefits of this act.

DOMESTIC RELATIONS.

The Domestic Relations Law. (L. 1896, ch. 272.)

§ 3. Void marriages. (C. & G. Gen. Laws, p. 1090.)

Void marriage; existence of venereal disease. A marriage is void on the ground of fraud, where one of the parties at the time of its celebration is afflicted with a chronic, contagious and hereditary venereal disease, known to and concealed by him, especially where the marriage had not been consummated, and the marriage relation had not yet ripened into the complications of a public status, involving the consideration of questions of public policy. Svenson v. Svenson, 178 N. Y. 54, rev'g 78 App. Div. 536, 79 N. Y. Supp. 657. As to fraudulent marriages, see, also, Di Lorenzo v. Di Lorenzo, 174 N. Y. 467, affirming, 71 App. Div. 509, 75 N. Y. Supp. 878.

§ 4. Voidable marriages. (C. & G. Gen. Laws, p. 1090.)

Annulment of marriage because of parties not being of the age of legal consent.- History of legislation on subject considered. See Conte v. Conte, 82 App. Div. 335, 81 N. Y. Supp. 923.

Domestic Relations Law (L. 1896, ch. 272), §§ 11, 18, 21.

§ 11. How marriages may be solemnized. Amended by L. 1901, ch. 339, and subdivision 1, by L. 1902, ch. 522, in effect April 10, 1902, as follows:

1. A clergyman or minister of any religion, or the leader, or the assistant leader, of the society for ethical culture in the city of New York.

§ 18. Marriage of parents of illegitimates. (C. & G. Gen. Laws, p. 1096.)

A child of a common-law marriage, illegitimate because at the time of his birth his father's legal wife was living, is legitimatized by such common-law marriage contracted after the death of such legal wife, and is entitled to a distributive share in his mother's estate. Matter of Schmidt, 42 Misc. 463, 87 N. Y. Supp. 428.

$ 21. Power of married women. 1097.)

(C. & G. Gen. Laws, p.

Contract to alter or dissolve marriage. A contract entered into by a husband and wife where the wife lives apart from her husband because of his cruel treatment, stipulating that they shall continue to live apart, fixing an annual sum to be paid her by him for her support as well as a gross sum, whose payment to her shall be a satisfaction of all her rights against him or in his estate is legal and does not violate public policy nor the provisions of the above section. Dower v. Dower, 36 Misc. 559, 73 N. Y. Supp. 1080.

But it has been held that the above section operates only to remove the contractual disability of the husband and wife so as to permit contracts between themselves in respect to property which the wife has or may acquire, and in respect to such trade, business or occupation as she may be engaged in. The duty of a husband to support his wife does not constitute a property right in the wife. The proviso in this section that a husband and wife cannot contract to alter or dissolve the marriage, or to relieve the husband from his liability to support his wife," should be construed as a legislative declaration of the State's intention to maintain the marriage status and the husband's obligation to support his wife, free from all contractual control of the spouses. It is the husband's duty to support his wife adequately and any agreement between husband and wife which undertakes to limit the former's liability to a specific provision, to that extent, at least, tends to relieve him from the performance of his obligation and in effect precludes all inquiry into the sufficiency of the provision. The conclusion is that the above section of the Domestic Relations Law does not authorize a contractual arrangement between the parties as to the wife's support. Carling v, Carling, 42 Misc. 492, 86 N. Y. Supp. 46.

During the pendency of an action for a separation instituted by a wife, the parties entered into a written contract by which the husband, in