§ 3198. Record of, by secretary of state. The secretary of state must keep for public examination a record of all trade-marks or names filed in his office, with the date when filed and name of claimant; and must at the time of filing issue to the claimant a certificate of such filing under the great seal of the state, and collect from such claimant, a fee of five dollars, as provided for in section four hundred and sixteen of this code. Provided, however, the secretary of state shall refuse to file any trademark or name identical with, or so similar to any trade-mark or name already filed as to be calculated or liable to deceive. [Amendment approved 1909; Stats. 1909, p. 150.] Legislation § 3198. 1. Enacted March 12, 1872; based on Stats. 1863, p. 156, § 3. 2. Amended by Stats. 1907, p. 345; the code commissioner saying, "Amended to conform to the fee-bill in § 416 of the Political Code, which had, both with reference to the fee to be collected and with reference to the disposition of the fees collected, superseded said § 3198." 3. Amended by Stats. 1909, p. 150. § 3199. Ownership of trade-mark. Any person who has first adopted and used a trade-mark or name, whether within or beyond the limits of this state, is its original owner. Such ownership may be transferred in the same manner as personal property, and is entitled to the same protection by suits at law; and any court of competent jurisdiction may restrain, by injunction, any use of trade-marks or names in violation of this chapter. [Amendment approved 1911; Stats. 1911, p. 427.] Legislation § 3199. 1. Enacted March 12, 1872; based on Stats. 1863, p. 157, § 9. 2. Amended by Stats. 1885, p. 91. 3. By Stats. 1909, p. 150. 4. By Stats. 1911, p. 427. § 3200. Use of, by labor union. Any trade-union, labor association, or labor organization, organized and existing in this state, whether incorporated or not, may adopt and use a trade-mark and affix the same to any goods made, produced, or manufactured by the members of such tradeunion, labor association, or labor organization, or to the box, cask, case, or package containing such goods, and may record such trade-mark by filing or causing to be filed with the secretary of state its claim to the same, and a copy or description of such trade-mark, with the affidavit of the president of such trade-union, labor association, or labor organization, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that the trade-union, labor association, or labor organization of which he is the president is the exclusive owner, or agent of the owner, of such trade-mark; and all the provisions of article three, chapter seven, title seven, part three, of the Political Code are hereby made applicable to such trade-mark. Legislation § 3200. Added by Stats. 1887, P. 167. § 3201. Infringement of trade-mark used by trade-union. The president or other presiding officer of any trade-union, labor association, or labor organization, organized and existing in this state, which shall have complied with the provisions of the preceding section, is hereby authorized and empowered to commence and prosecute in his own name any action or proceedings he may deem necessary for the protection of any trade-mark adopted or in use under the provisions of the preceding section, or for the protection or enforcement of any rights or powers which may accrue to such trade-union, labor association, or labor organization by the use or adoption of said trade-mark. Legislation § 3201. Added by Stats. 1887, p. 168. CHAPTER VIII. Weights and Measures. § 3209. Standard weights and measures furnished by government. Met § 3220. § 3221. § 3222. § 3223. § 3209. Division of the half-bushel. Division of capacity for commodities sold by heap-measure. Contracts to be construed according to common standards. Standard weights and measures furnished by government. Metric system may be used. The standard weights and measures now in charge of the state superintendent of weights and measures being the same that were furnished to this state by the government of the United States, and consisting of one standard yard measure; one set of standard weights, comprising one troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five, and fifty pounds, respectively; one set of standard troy ounce weights, divided decimally from ten ounces to the one ten-thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic inches, one half-gallon, one quart, one pint, and one half-pint measure; and one standard half-bushel, containing one thousand and seventy-five cubic inches and twenty-one hundredths of a cubic inch, according to the inch hereby adopted as the standard, are the common standards of weights and measures throughout the state; provided, however, that instead of using the common standard of weights and measures it shall be lawful throughout the state to employ the weights and measures of the metric system authorized by the Congress of the United States of America, and no contract or pleading in any court shall be deemed invalid or liable to objection because the weights and measures expressed or referred to therein are weights or measures of the metric system. [Amendment approved 1915; Stats. 1915, p. 217.] Sealers of weights: Ante, §§ 561-567. False weights and measures: Pen. Code, §§ 552-555. Legislation § 3209. 1. Enacted March 12, 1872; based on Stats. 1861, p. 86, §§ 1, 8, 12. 2. Amended by Stats. 1915, p. 217. § 3210. The unit of extension. The standard yard is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid, are derived and ascertained. Legislation § 3210. Enacted March 12, 1872. § 3211. Division of the yard. The yard is divided into three equal parts, called feet, and each foot into twelve equal parts, called inches; for measures of cloths and other commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths. Legislation § 3211. Enacted March 12, 1872. § 3212. The rod, the mile, and the chain. The rod, pole, or perch contains five and a half yards, and the mile one thousand seven hundred and sixty yards; the chain for measuring land is twenty-two yards long, and divided into one hundred equal parts, called links. § 3213. The acre. The acre for land-measure must be measured horizontally, and contains ten square chains, and is equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. Legislation § 3213. Enacted March 12, 1872. § 3214. The unit of weights. The standard avoirdupois and troy weights are the units or standards of weight from which all other weights are derived and ascertained. See next section. Legislation § 3214. Enacted March 12, 1872. § 3215. Standard weights. The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, is divided into sixteen equal parts, called avoirdupois ounces; the hundred weight consists of one hundred avoirdupois pounds, and twenty hundred weight constitutes a ton. The avoirdupois ounce is divided into sixteen equal parts called avoirdupois drams. The troy ounce is equal to the twelfth part of the troy pound. The troy penny. weight is equal to the twentieth part of the troy ounce, and the troy grain is equal to the twenty-fourth part of the troy pennyweight. The apothecary's pound is equal to the troy pound. The apothecary's ounce is equal to the twelfth part of the apothecary's pound. The apothecary's dram is equal to the one-eighth part of the apothecary's ounce. The scruple is equal to the one-third part of the apothecary's dram, and the grain is equal to one-twentieth of the scruple. [Amendment approved 1915; Stats. 1915, p. 217.] See prior section. Legislation § 3215. 1. Enacted March 12, 1872; based on Stats. 1861, p. 86, § 6. 2. Amended by Stats. 1915, p. 217. § 3216. Liquid measures. The standard gallon and its parts are the units or standards of capacity for liquids, from which all other measures of liquids are derived and ascertained. The liquid quart is equal to the one-fourth part of the standard gallon. The pint is equal to the one-eighth part of the gallon. The gill is equal to the one-fourth part of the pint. The fluid ounce is equal to the one-sixteenth part of the pint. The fluid dram is equal to the eighth part of the fluid ounce, and the minim is equal to the sixtieth part of the fluid dram. [Amendment approved 1915; Stats. 1915, p. 218.] Legislation § 3216. 1. Enacted March 12, 1872. 2. Amended by Stats. 1915, p. 218. § 3217. The barrel, the hogshead. The barrel is equal to thirty-one and a half gallons, and two barrels constitute a hogshead. Legislation § 3217. Enacted March 12, 1872. § 3218. Unit of solid measure. The standard half-bushel is the unit or standard measure of capacity for substances other than liquids, from which all other measures of such substances are derived and ascertained. Legislation § 3218. Enacted March 12, 1872. § 3219. Division of the half-bushel. The peck, half-peck, quarter-peck, quart, and pint measures for measuring commodities other than liquid are derived from the half-bushel by successively dividing that measure by two. See next section. Legislation § 3219. Enacted March 12, 1872. § 3220. Division of capacity for commodities sold by heap-measure. The measures of capacity for coal, ashes, marl, manure, Indian corn in the ear, fruit, and roots of every kind, and for all other commodities commonly sold by heap-measure, are the half-bushel and its multiples and subdivisions; and the measures used to measure such commodities must be made cylindrical, with plane and even bottom, and must be of the following diameters from outside to outside; the bushel, nineteen and a half inches; half-bushel, fifteen and a half inches, and the peck, twelve and a third inches. See prior section. Bushel: See post, § 3223. Heap-measure: See next section. Legislation § 3220. Enacted March 12, 1872. § 3221. Heap-measure. All commodities sold by heap-measure must be duly heaped up in the form of a cone; the outside of the measure, by which the same are measured, to be the limit of the base of the cone, and such cone to be as high as the article will admit. Legislation § 3221. Enacted March 12, 1872; based on Stats. 1861, p. 86, § 3. § 3222. Contracts to be construed according to common standards. Contracts made within this state for work to be done or for anything to be sold or delivered by weight or measure, must be construed according to the foregoing common standards, known as the imperial system or according to the foregoing authorized weights and measures of the metric system, according as the units of one system or the other system are used or referred to in such contracts. [Amendment approved 1915; Stats. 1915, p. 218.] Legislation § 3222. 1. Enacted March 12, 1872; based on Stats. 1861, p. 86, § 5. 2. Amended by Stats. 1915, p. 218. § 3223. Weights of bushels of various products. Whenever wheat, rye, Indian corn, barley, buckwheat, or oats, are sold by the bushel, and no special agreement as to the weight or measurement is made by the parties, the bushel consists of sixty pounds of wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and of thirty-two pounds of oats. Bushel: See ante, § 3220. Legislation § 3223. Enacted March 12, 1872; based on Stats. 1861, p. 86, § 7. CHAPTER IX. Labor and Materials on Public Buildings. § 3233. § 3234. Labor on public buildings must be done by day's work. All § 3233. Labor on public buildings must be done by day's work. work done upon the public buildings of this state must be done under the supervision of a superintendent, or state officer or officers having charge of the work, and all labor employed on such buildings, whether skilled or unskilled, must be employed by the day, and no work upon any of such buildings must be done by contract. Acts relating to public works: See Gen. Laws, tit. "Public Works." Legislation § 3233. Enacted March 12, 1872; based on Stats. 1869-70, p. 777, § 1. § 3234. Material must be furnished by contract. All materials to be used on any of the public buildings must be furnished by contract, in accordance with the plans and specifications and proposals therefor. Materials furnished by contract: See Gen. Laws, tit. "Public Works." Legislation § 3234. Enacted March 12, 1872; based on Stats. 1869-70, p. 777, § 2. § 3235. Product of Mongolian labor. No supplies of any kind or character, "for the benefit of the state, or to be paid for by any moneys appropriated or to be appropriated by the state," manufactured or grown in this state, which are in whole or in part the product of Mongolian labor, shall be purchased by the officials for the state having the control of any public institution under the control of the state, or of any county, city and county, city, or town thereof. Legislation § 3235. Added by Stats. 1887, p. 171. Pol. Code-49 |