SEO. 12. [Visits by sheriff.]-The sheriff shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court; and it is hereby made his duty to cause all the cells and rooms used for the confinement of prisoners to be thoroughly whitewashed, at least three times in each year.

SEC. 13. [Jailer.]—The jailer or keeper of the jail shall, unless the sheriff elect to act as jailer in person, be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his office; Provided, The sheriff shall in all cases be liable for the negligence or misconduct of the jailer, as of other deputies.

SEC. 14. [Violation of act-Penalty.]-If the sheriff or jailer having charge of any county jail shall neglect or refuse to conform to all or either of the rules and regulations established by said judge, or to perform any other duty required of him by this chapter, he shall, on conviction thereof, by indictment, for each case of such failure or neglect of duty aforesaid, pay into the county treasury of the proper county, for the use of such county, a fine not less than five dollars, nor more than one hundred dollars, to be assessed by the district court of the proper district.

CHAPTER 47.-JOURNALS AND LAWS.

SECTION 1. [Distribution.]—The secretary of state is hereby authorized to distribute the laws and journals of the state, as hereinafter prescribed.

SEC. 2. [Requisition by county clerk.]-The county clerk of each organized county shall make a requisition upon the secretary of state for sixty copies (or as many less than that amount as he shall find necessary for the county) of the laws, and fourteen copies of the journals of each branch of the legislative assembly, for the use of the county of which he is clerk; and he shall name the conveyance or means of transportation, and shall also specify to whom they shall be directed, and to whose care, and upon the receipt of such requisition the secretary shall at once forward the required number of laws and journals as specified in the requisition of such county clerk, and the county clerk shall receipt for the same to the secretary, which receipt shall be filed in the office of the secretary of state.

SEC. 3. [Distribution by county clerk.]—The county clerk shall distribute one copy of the laws to each of the officers of the county, as follows: The probate or county judge; each member of the board of county commissioners; the sheriff; the county treasurer; the county surveyor; the prosecuting attorney; each notary public; each justice of the peace; each constable; each road supervisor; and each precinct assessor, in said county. He shall also reserve one for himself, and give two copies each of the laws and journals to every councilman and representative who was a member of the legislative assembly by which the laws were enacted.

SEC. 4. [Preservation.]-Each officer shall deliver up to his successor in office all statutes which shall have come into his possession under the provisions of this chapter, as soon after his successor shall have qualified as such successor, or the county clerk may require.

SEC. 5. [Sale by county clerk.]-After the above distribution the copies remaining in the hands of the county clerk shall be sold at public auction (ten days notice having been given in three public places in each county) to the highest bidder, no person, however, to purchase more than two copies; and the proceeds of such sale shall go, first, to defray the cost of transportation from the secretary of state to the county clerk, and the remainder, if any shall exist, shall be paid over to the state librarian, and to be by him held subject to the order of the legislative assembly.

SEC. 6. [Sale by secretary of state-Library.]-After having so distributed the laws and journals of each legislative assembly, the secretary is authorized to sell copies of the laws at a price at least equal to cost, and the amount so received shall be applied to the library fund of the state. The secretary of state shall deliver all copies of the laws and journals yet in his possession to the state librarian, who shall officially receipt therefor.

SEC. 7. [Distribution by librarian.]-The librarian shall, upon the order of either of the judges of the supreme court, issue one copy each to the district attorney, United States marshal, each register and receiver of all United States land offices in the state, each United States commissioner residing in the state, and such other officers as the judges in their discretion may direct; Provided, always, That the librarian shall permit no person to take away a copy or copies of the laws and journals without taking a receipt therefor.

SEC. 8. [Same-Legislature.]-The members of each succeeding legislative assembly shall be furnished by the state librarian, at the commencement of each session for which they are elected, with one copy each of the laws and journals of the preceding session.

CHAP, 47.-Chap. XXX, R. 8. 247. Chap. 37, G. S. 455.

SEO. 12. [Visits by sheriff.]—The sheriff shall visit the jail in person and examine into the condition of each prisoner at least once in each month, and once during each term of the district court; and it is hereby made his duty to cause all the cells and rooms used for the confinement of prisoners to be thoroughly whitewashed, at least three times in each year.

SEC. 13. [Jailer.]—The jailer or keeper of the jail shall, unless the sheriff elect to act as jailer in person, be a deputy appointed by the sheriff, and such jailer shall take the necessary oath before entering upon the duties of his office; Provided, The sheriff shall in all cases be liable for the negligence or misconduct of the jailer, as of other deputies.

SEC. 14. [Violation of act-Penalty.]-If the sheriff or jailer having charge of any county jail shall neglect or refuse to conform to all or either of the rules and regulations established by said judge, or to perform any other duty required of him by this chapter, he shall, on conviction thereof, by indictment, for each case of such failure or neglect of duty aforesaid, pay into the county treasury of the proper county, for the use of such county, a fine not less than five dollars, nor more than one hundred dollars, to be assessed by the district court of the proper district.

CHAPTER 47.-JOURNALS AND LAWS.

SECTION 1. [Distribution.]-The secretary of state is hereby authorized to distribute the laws and journals of the state, as hereinafter prescribed.

SEC. 2. [Requisition by county clerk.]—The county clerk of each organized county shall make a requisition upon the secretary of state for sixty copies (or as many less than that amount as he shall find necessary for the county) of the laws, and fourteen copies of the journals of each branch of the legislative assembly, for the use of the county of which he is clerk; and he shall name the conveyance or means of transportation, and shall also specify to whom they shall be directed, and to whose care, and upon the receipt of such requisition the secretary shall at once forward the required number of laws and journals as specified in the requisition of such county clerk, and the county clerk shall receipt for the same to the secretary, which receipt shall be filed in the office of the secretary of state.

SEC. 3. [Distribution by county clerk.]-The county clerk shall distribute one copy of the laws to each of the officers of the county, as follows: The probate or county judge; each member of the board of county commissioners; the sheriff; the county treasurer; the county surveyor; the prosecuting attorney; each notary public; each justice of the peace; each constable; each road supervisor; and each precinct assessor, in said county. He shall also reserve one for himself, and give two copies each of the laws and journals to every councilman and representative who was a member of the legislative assembly by which the laws were enacted.

SEC. 4. [Preservation.]-Each officer shall deliver up to his successor in office all statutes which shall have come into his possession under the provisions of this chapter, as soon after his successor shall have qualified as such successor, or the county clerk may require.

SEC. 5. [Sale by county clerk.]-After the above distribution the copies remaining in the hands of the county clerk shall be sold at public auction (ten days notice having been given in three public places in each county) to the highest bidder, no person, however, to purchase more than two copies; and the proceeds of such sale shall go, first, to defray the cost of transportation from the secretary of state to the county clerk, and the remainder, if any shall exist, shall be paid over to the state librarian, and to be by him held subject to the order of the legislative assembly.

SEC. 6. [Sale by secretary of state-Library.]-After having so distributed the laws and journals of each legislative assembly, the secretary is authorized to sell copies of the laws at a price at least equal to cost, and the amount so received shall be applied to the library fund of the state. The secretary of state shall deliver all copies of the laws and journals yet in his possession to the state librarian, who shall officially receipt therefor.

SEC. 7. [Distribution by librarian.]—The librarian shall, upon the order of either of the judges of the supreme court, issue one copy each to the district attorney, United States marshal, each register and receiver of all United States land offices in the state, each United States commissioner residing in the state, and such other officers as the judges in their discretion may direct; Provided, always, That the librarian shall permit no person to take away a copy or copies of the laws and journals without taking a receipt therefor.

SEC. 8. [Same-Legislature.]-The members of each succeeding legislative assembly shall be furnished by the state librarian, at the commencement of each session for which they are elected, with one copy each of the laws and journals of the preceding session.

CHAP, 47.-Chap. XXX, R. 8. 247. Chap. 37, G. S. 455.

CHAPTER 47 a-LABELS.

SECTION 1. [Adoption.]-That it shall be lawful for associations, and unions of workingmen to adopt for their protection, labels, trade marks, and other forms of advertisement, announcing that goods manufactured by members of such associations or unions, are as manufactured. [Laws 1891, chap. 15, § 1.]

SEC. 2. [Misuse-Counterfeit-Penalty.]-That any and all persons using such union or association trade marks, labels, or advertisements, whether exactly like such labels, trade marks, or advertisements or not, if with the intention to, or likely to deceive the public, and that every person who shall use any counterfeited label, trade mark, or form of advertisement of such unions or associations, knowing the same to be counterfeited, after having been notified in writing by the owner thereof, or his or its agents that the same is counterfeited, shall be guilty of a misdemeanor, punishable by imprisonment for not less than three (3) months nor more than one (1) year, or by a fine of not less than one hundred (100) dollars, nor more than five hundred (500) dollars, or both; Provided, That such notice in writing contains a copy, counterpart, or fac simile of such genuine label, trade mark or forms of advertisement. [ Id. § 2.]

SEC. 3. [Filing-Certificate.]-And be it enacted, that every such association or union adopting a label, trade mark, or form of advertisement as aforesaid, shall file the same in the office of the secretary of state, who shall, under his hand and seal, deliver to the association or union filing the same, a certificate of record, for which he shall receive a fee of twenty-five (25) cents. [Id. § 3.]

SEC. 4. [Suits against counterfeiters.]-And be it enacted, that every such association or union adopting a label, trade mark, or form of advertisement as aforesaid, may proceed, by suit in the courts of this state, to enjoin the manufacture, use, display, or sale of any such counterfeits, and that all courts having jurisdiction thereof shall grant an injunction to restrain and prevent such manufacture, use, display, or sale, and shall award the complainants such damages resulting from such wrongful use as may be proved, and shall require the defendants to pay to the party injured the profits derived from such wrongful use, or both profits and damages; and the court shall also order all such counterfeits, in the possession, or under the control of the defendant in such case to be delivered to an officer of the court or to the complainant, to be destroyed. [Id § 4.]

SEC. 5. [Suits against wrongful users.]—And be it enacted, that in like manner such unions or associations shall be authorized to proceed against all persons who shall wrongfully use, or display the genuine labels, trade marks, or forms of advertisements of the respective associations or unions not being authorized by such associations or unions to use or display the same. [Id. § 5.]

CHAP. 47 8." An act to protect the associations and unions of workingmen in the use of labeis, trade marks, and other forms of advertising goods manufactured by members of such associations and unions, and to provides penalty for the violation thereof." [Laws 1891, chap. 15. Took effect Aug. 1, 1891.]