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the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the fac simile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording to the commonwealth a tax of two dollars and fifty cents. Said secretary shall deliver to such person, association, or union so filing or causing to be filed any such label, trade-mark, term, design, device, or form of advertisement so many duly attested certificates of the recording of the same as such person, association, or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade-mark, term, design, device, or form of advertisement. Said secretary of the commonwealth shall not record for any person, union, or association any label, trade-mark, term, design, device, or 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, union, or association.
4. Any person who shall for himself or on behalf of any other person, association, or union procure the filing of any label, trade-mark, term, design, or form of advertisement in the office of the secretary of the commonwealth under the provisions of this act by making any false or fraudulent representations or declaration, verbally or in writing or 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 thereby in any court having jurisdiction, and shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding three months.
5. Every such person, association, or union adopting or using a label, trade-mark, term, design, device, or form of advertisement as aforesaid may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such person, association, or union all profits derived from such wrongful manufacture, use, display, or sale ; and such court shall also order that any such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court or to the complainant to be destroyed.
6. Every person who shall use or display the genuine label, trade-mark, term, design, device, or form of advertisement of any such person, association, or union in any mannner, not being authorized so to do by such person, union, or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars. In all cases where such association or union is not incorporated suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union.
7. Any person or persons who shall in any way use the name or seal of any such person, association, or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months or by a fine of not more than one hundred dollars.
OF WEIGHTS AND MEASURES.
Sec. 1908. [3 Va. L. R. 447.]
1897-8, p. 520. A cord contains one hundred and twenty-eight cubic feet, being eight feet Previous long, four feet high, and four feet wide, or the equivalent thereof; and in
1889-90, p. 62. all measurements of wood, tan-bark, or other things subject to such measurements the foregoing shall be the true and legal standard, any usage, bylaw, or ordinance of any corporation, railroad, or other company to the contrary notwithstanding. And in all sales by weight of the agricultural products hereinafter named the number of pounds per bushel as stated in the following schedule shall be the true and legal standard: Barley, fortyeight pounds; beans (white), sixty pounds; blue-grass seed, fourteen pounds; buckwheat, fifty-two pounds; chestnuts, fifty-seven pounds; clover seed, sixty pounds; corn (shelled), fifty-six pounds; corn (in the ear), seventy pounds; cornmeal, fifty pounds; dried apples, twenty-eight pounds; dried peaches (peeled), forty pounds; dried peaches (unpeeled), thirty-two pounds; flaxseed, fifty-six pounds; hemp seed, forty-four pounds; herds grass (or red top) seed, twelve pounds; Hungarian grass seed, forty-eight pounds; lime (unslacked), eighty pounds; malt, thirty-eight pounds; millet seed, fifty pounds; oats, thirty pounds; onions, fifty-seven pounds; onions (top sets), twenty-eight pounds; orchard-grass seed, fourteen pounds; osage orange seed, thirty-four pounds; peanuts, twenty-two pounds; peas (blackeyed), sixty pounds; potatoes (Irish), fifty-six pounds; potatoes (sweet), fifty-six pounds; plastering hair, eight pounds; rye, fifty-six pounds; salt, fifty pounds; stone coal, eighty pounds; timothy seed, forty-five pounds; turnips, fifty-five pounds; wheat, sixty pounds; cotton seed, thirty-tio pounds.
Sec. 1916. [Repealed with amendments of 1891-'92, page 281; 1895-'96, page 237. Acts 1895-'96, page 341.]
OF WEIGHING LIVE STOCK.
[Entire chapter (sections 1926 to 1937 inclusive) repealed. Acts 1889'90, page 96.]
VESSELS AND SEAMEN,
OF UNLOADING BALLAST AND BURYING THE DEAD FROM VESSELS; AND OF
LANDING THEREFROM SICK SEAMEN OR PASSENGERS WITHOUT
WARDENS FOR RICHMOND,
OF SEAMEN WHO DESERT THEIR VESSELS.
OF HARBOR COMMISSIONERS, HARBOR MASTERS, AND DOCK MASTERS.
As Amended Sec. 2008. Harbor commissioners for Norfolk and Portsmouth,-For 1889-90, p. 623. the purpose of preserving and improving the harbors of Norfolk and Ports
mouth there shall be appointed a board of harbor commissioners, to consist of seven persons, three of whom shall be appointed by the councils of the city of Norfolk, two by the council of the city of Portsmouth, and two
by the judge of the court of the county of Norfolk. Am
Sec. 2010. (Jurisdiction of board).—The jurisdiction of said board for 1889-90, p. 623. the purposes of this chapter shall extend to the Elizabeth river and all the
branches and tributaries thereof along the water front of the cities of Norfolk and Portsmouth and Norfolk county. They shall have power to fix, regulate, and define the lines along said river and the branches and tributaries thereof within which riparian owners may erect wharves, piers, docks, and other proper structures and fixtures for commercial and manufacturing purposes : provided, that whenever any harbor lines have been or may be hereafter established under authority of congress by any proper oflicer of the United States in any of said waters the power herein conferred upon the said board of harbor commissioners shall only be exercised within the lines so established, but they may regulate such structures as
may be erected and prevent all encroachments upon said lines. As Amended Sec. 2011. Board may prescribe limits to wharves, docks, &c., and 1889-90, p. 624.
remove obstructions to navigation.—They shall have authority to cause the removal of any wharf, dock, wreck, or other obstruction to navigation or that may in their opinion be injurious to the harbor or that may cause shoaling at any point in the channel of said river, its branches or tributaries, at the expense of the owner or party causing the obstruction: provided, the rights of any owner of a wharf whose lines have been heretofore
fixed by authority of law shall in no way be disturbed. As Amended Sec. 2015. Harbor masters for Norfolk and Portsmouth.-The said 1889-90, p. 624. board shall appoint annually three harbor masters, one of whom shall be
a resident of the city of Norfolk, one of the city of Portsmouth, and one of Norfolk county, to act as such within the jurisdiction of said board and whose jurisdiction shall be co-extensive with the jurisdiction of the board. They may prescribe their duties, fix their compensation, and remove them
at pleasure. As Amended Sec. 2017. Penalty for building wharves when not authorized.-No 1889-90, p. 624.
person shall build any wharf or other obstruction beyond the lines fixed by said board of commissioners or by authority of the United States govern
ment, and any persons so doing shall pay the sum of twenty dollars for every such offence, and shall moreover be fined twenty dollars for every day such wharf or other obstruction shall remain; and no person shall build or extend any wharf or other obstruction in or upon the waters of the harbor of Norfolk or Portsmouth, Elizabeth river or branches or tributaries thereof without first obtaining in writing from said board a permit for so doing under a penalty of twenty dollars for every day such wharf or obstruction shall remain ; and said board shall prosecute for the fines and penalties imposed under the provisions of this chapter relating to the waters under their jurisdiction before any justice of the peace in Norfolk, Portsmouth, or Norfolk county.
Sec. 2021. Vessels which are exempt from fees.—The following ves- As Amended sels shall be exempt from the payment of any harbor master fees unless 1889-90, p. 624. they request the services of such harbor master, viz. : All vessels belo ing to the navy of the United States or the revenue service of the United States and all armed vessels of war belonging to any foreign navy; all other vessels of less than twenty tons burdens; all vessels engaged in the Dismal Swamp canal trade ; all vessels engaged in the Albemarle and Chesapeake canal trade ; all vessels arriving in the ports of Norfolk or Portsmouth from inland voyages and all vessels reporting for bunker or cargo coal; all packet-boats and steamboats regularly plying between the said ports and any other ports of this state for the conveyance and accommodation of passengers, or vessels putting into the said ports in their homeward passage from places up the Chesapeake bay or any river of this state ; and all vessels sailing under a coasting license and putting into the said ports for supplies, and all vessels in distress. But steam boats or steam vessels shall pay in the harbor of Richmond the same fees as other vessels of the same burden or class.
Sec. 2022. How other harbor masters appointed; their bonds.—The As Amended court of any county or corporation (except the cities aforesaid and the
1889-90, p. 625. county of Norfolk) may at any time appoint one or more harbor masters, and shall take from each person so appointed a bond to the commonwealth in the penalty of five hundred dollars.
Sec. 2028. [Repealed. Acts 1889-'90, page 623.1
Sec. 2033. Penalty for obstructing ferry-boats.-It shall be unlawful As Amended for any vessel, lighter, or other boat to lie across the county dock in Nor- 1889-90, p. 625. folk or Portsmouth or before any wharf so as to obstruct the passage of any ferry-boat or steamers of regular lines under the penalty of twenty dollars for each offence.
ENCLOSURES, ESTRAYS, AND ANIMALS.
OF ENCLOSURES AND CERTAIN TRESPASSES,
As Amended Sec. 2038. Definition of a lawful fence.-Every fence five feet high, 1897-8, p. 651. Previous which if the fence be on a mound shall include the mound to the bottom of
Amendment 1889-90, p. 945.
the ditch, shall be deemed a lawful fence as to any stock named in section two Which amend thousand and forty-two which could not creep through the same: provided,
ment was re
pealed 1893-4, however, that a barbed-wire fence forty-two inches high, consisting of eight 3 Pa! 18: R. 463. strands of barbed wire firmly fixed to posts well and substantially set in the
ground at intervals of sixteen feet, with a substantial stay or brace halfway between such posts, to which said wires shall be also fixed, and said wires shall be spaced as follows: The first wire shall be placed two and one-half inches above the ground, the second five and one-half inches, the third nine inches, the fourth thirteen and one-half inches, the fifth nineteen inches, the sixth twenty-six and one-half inches, the seventh thirtyfour and one-half inches, and the eighth forty-two inches; or a board fence four feet high, consisting of five boards not less than five inches wide and firmly attached to posts placed at intervals of eight feet, shall be deemed a lawful fence as to such stock.
2. And any wire fence of any kind whatsoever except as above described shall be forty-four inches high and of such construction that stock named in section two thousand and forty-two, code of Virginia, eighteen hundred
and eighty-seven, cannot creep through the same. As Amended Sec. 2042. Damages for trespass by animals; forfeiture, and so 1897-8, p. 524. Previous
forth.-If any horses, mules, cattle, hogs, sheep, or goats shall enter into any Amendments 1887-8, p. 368.
grounds enclosed by a lawful fence or by a river or stream, or any part 1895-6, p. 729. thereof which is by law a lawful fence, or into any grounds in counties or
magisterial districts or selected portion thereof wherein the boundary lines of lots or tracts of land have been constituted lawful fences, the owner or manager of any such animal shall be liable for the actual damages sustained, and he shall also be liable to a fine of not less than one nor more than twenty dollars, and where punitive damages are awarded the same shall not exceed twenty dollars in any case, and in case of such entry within that part of Henrico county, Virginia, within three miles of the corporate limits of the city of Richmond in addition to the damages aforesaid the owner or manager of every such animal shall be liable for every such entry to a fine of two dollars for each animal; for every succeeding trespass the owner or manager of such animal shall be liable for double damages, both actual and punitive. After a judgment of the court a lien upon such animal shall enure for the benefit of the owner or tenant of such enclosed grounds, and execution shall thereupon issue from the court rendering the judgment, and the animal so trespassing shall be levied upon by the officer to whom the execution was issued, who shall sell the same as provided for by statute. Whenever any such animal is found trespassing upon any such enclosed grounds the owner or tenant of such enclosed grounds shall have the right to take up such animal and impound the same, and the cost of such taking up and impounding said animal shall be estimated as a part of the actual damages,