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Allied crafts' trade-mark, etc.

Rescinding of right to use.

Description or
fac-similies to be
filed in office of
Secretary of the
Commonwealth.

Competent evidence.

Publication.

Proviso.

Counterfeiting

which any such trade-mark, label, symbol or private stamp may be affixed, or using in any manner in his or their business the labor symbolized by any such trade-mark, label, symbol or private mark, so registered. And provided, That where two or more organizations, associations or unions have adopted an allied crafts' trade-mark, label, symbol or private stamp, and granted the use of it to any person or persons, and conflict has arisen between such grantee and any one or more of the organizations having an interest in said allied crafts' trade-mark, label, symbol or private stamp, that any one or more of said organizations, associations or unions may rescind the grantee's right to use said joint trade-mark, label, symbol or private stamp, and the continued use of it, after notice in writing that the right thereof has been rescinded by any of the parties interested, shall render the grantee liable to the penalties of this act.

Section 2. Any such association or union, having adopted any such label, symbol, trade-mark or private stamp, may register the same in the office of the Secretary of the Commonwealth, by filing a description or fac-similie thereof, and upon payment of one dollar receive a certificate of such filing, which shall be competent evidence of such registry, in all proceedings in any court of law or equity, for the protection of said associations or unions, or the prosecution of any offender under the provisions of this act: Provided, That notice of the intention of such filing shall be published for three weeks in two newspapers of general circulation once a week: And provided further, That no label, symbol, trade-mark or private stamp shall be admitted to registration which may be readily mistaken for one already registered.

Section 3. And be it enacted that any person or persons counterfeiting or imitating, or using or displaying a counterfeit or imitation of any such trade-mark, label, symbol or private stamp of any such association or union; or of using any original or bona fide trade-mark, label, symbol or private stamp, after the license or authority to use the same has been rescinded or revoked by the association or union owning, controlling or having jurisdiction over the same; and any person or persons who shall knowingly or wrongfully use any such trade-mark, label or symbol or private stamp of such association or union, by placing the same on goods and wares which are not the product of members of such association or union; shall be guilty of a misdemeanor, and on conviction thereof shall be punished Fine and penalty. by a fine of not less than one hundred ($100)_dollars and not more than one thousand ($1,000) dollars, or by imprisonment of a term not less than one year and not more than five years, or both, in the discretion of the court.

and wrongful use shall be a misde

of trade-mark

meanor.

join.

Section 4. Be it enacted that, in addition to the remedies provided by this act, any association or union having registered its trade-mark, label, symbol or private stamp, as provided by this act, may proceed be- Procedure to fore any court having competent jurisdiction to restrain and enjoin the use, manufacture, display or sale of any counterfeit or imitation trade-mark, label, symbol or private stamp, as aforesaid, or the continued or longer use of any original or bona fide trade-mark, label, symbol or private stamp by any person or persons who may have secured the same unauthorized by the association or union to which it belongs, or whose right, license or authority to use the same has been rescinded or revoked by the association or union owning or controlling the same in whole or in part, as herein before provided: And provided, That the Proviso. surrender of possession and re-delivery of any such trade-mark, label, symbol or private stamp may be decreed in equity, and enforced as like decrees are now enforced: And provided further, That this amenda- Proviso. tory act shall not be construed to repeal the act amended hereby, as to any offense committed, or as to any act done or any penalty, forfeiture or punishment incurred, prior to the taking effect of this amendatory act; nor shall this amendatory act be so construed as to in any way whatever effect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

en

No. 85.

AN ACT

To establish a separate orphans' court in and for the county of
Montgomery.

The orphans' gomery county.

court of Mont

Section 1. Be it enacted, &c., That in the county of Montgomery a separate orphans' court be and hereby is established, the name and style of which shall be The Orphans' Court of Montgomery county, which said court shall be a court of record, consisting of one judge learned in the law. The Governor of this Commonwealth, immediately after the passage of this act, shall Appointment of appoint and commission a judge learned in the law to preside over said court; and the judge so appointed and commissioned shall continue in office till the first Monday of January, next succeeding the first general election of this Commonwealth which shall occur after the passage of this act.

judge.

At the next general election Election of judge.

of this Commonwealth, succeeding the passage of this act, a judge shall be elected and commissioned for the same term and in the same manner as the judges of the courts of common pleas of said county; and the annual salary of said judge shall be the same as is paid to the judges of the courts of common pleas in said Salary of judge. county, to be paid in the same manner as the salaries of said judges of the courts of common pleas are now or may be by law payable.

Terms of court.

Clerk of the court.

Jurisdiction and powers of the court.

Proviso.

Appeals.

Rules of court.

Section 2. The said orphans' court shall be held durevery term of the courts of common pleas of said county, and such other times and as often as the judge thereof shall deem necessary or proper.

Section 3. The register of wills of said county shall be the clerk of the said orphans' court, and subject to its direction in all matters pertaining to his office.

Section 4. The said court shall have and exercise all the jurisdiction and powers now vested in, or which may hereafter be conferred upon, the orphans' and register's courts of the said county, and all accounts filed in the office of the register of wills or in the orphans' court shall be audited by the court, without expense to the parties, except where all parties in interest in a pending proceeding shall nominate an auditor, whom the court may in its discretion appoint.

Section 5. The said court shall have power to prevent, by order in the nature of writs of injunction, acts contrary to law or equity, prejudicial to property over which they shall have jurisdiction: Provided, That security shall be given as is now required by law in cases of writs of injunction.

Section 6. No appeal shall stay the execution of a final decree unless notice of such appeal and security be given within twenty days after the time that such decree has been made.

Section 7. The said court shall have power to make all rules necessary for the exercise of the power hereby, or which may hereafter be, conferred.

Section 8. The commissioners of the said county shall provide proper and suitable apartments in which said orphans' court shall be held and its business conducted, and in which the records thereof shall be safely and securely kept.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

No. 86.

AN ACT

For the better protection of timber lands against fire, and providing for the expenses of the same, and directing what shall be done with the fines collected and costs paid.

When the Comestry may appoint

missioner of For

detectives and

employ attorneys.

curred.

Section 1. Be it enacted, &c., That when the commissioners of any county or counties fail to "appoint persons under oath, whose duty it shall be to ferret out and bring to punishment all persons or corporations who either wilfully or otherwise cause the burning of timber lands within their respective counties." as is provided for by the act of July fifteenth, one thousand eight hundred and ninety-seven, or when they have appointed inefficient persons to do the work aforesaid; the Commissioner of Forestry may, on the request of residents of a county in which such fires have been created, or on the request of the owner or owners of land which has been injured by the fires so created, appoint a detective or detectives, and employ an attorney or attorneys, to ferret out and bring to punishment, as aforesaid, those who cause the burning of timber lands; and all expenses incurred by the Com- Expenses Inmissioner of Forestry under the operation of this act shall be paid by the State Treasurer, on warrant drawn by the Auditor General, if the said bills shall be approved by the Governor and the Commissioner of Forestry; and all the fines collected shall be paid by the Fines collected. magistrate or by order of the court to the Commissioner of Forestry, and be paid by him to the Treasurer of the Commonwealth. Section 2. When conviction is obtained, under the to county comprovisions of this act, of persons or corporations causing the burning of timber lands, then the Auditor General, on the request of the Commissioner of Forestry, may refuse to pay the State's share of the money due to the county for the services of the person or persons, appointed by the county commissioners, to ferret out and bring to punishment those who caused forest fires in the districts where such persons served as fire detectives, to make arrests and secure convictions, and for which conviction was obtained by the detectives appointed by the Commissioner of Forestry.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

When payment

missioners may be refused.

No. 87.

AN ACT

To prevent burgesses and councilmen of the several boroughs within this Commonwealth from soliciting or receiving bribes, and to punish any person who may offer to bribe the same.

Section 1. Be it enacted, &c., That a burgess or a member or members of council of any borough within this Commonwealth who shall solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation or person, any money, office, appointment, employment, testimonial, reward, thing of value or enjoyment or of personal advantage, or promise thereof, for his vote or official influence or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be in any way influenced thereby; or who shall solicit or demand any such money or advantage, matter or thing, aforesaid, for himself or for another, as the consideration of his vote or official influence, or for withholding the same; or shall give or withhold his vote or influence, in consideration of the payment or promise of such money, advantage, matter or thing, to another; shall be held guilty of bribery, and shall upon conviction thereof Fine and penalty. be punished by fine not exceeding five thousand dollars, and by separate and solitary confinement at labor for a period not exceeding five years, and shall be forever incapable of holding any office of profit or trust in this Commonwealth.

Bribery.

Disqualification.

Section 2. Any person who shall, directly or indirectly, offer, give or promise any money or thing of value, testimonial, privilege, employment, reward or personal advantage, to any burgess or member of councils of any such boroughs, to influence him in the performance of any of his public or official duties, shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not exceeding one thousand dolFine and penalty. lars, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding five years. Section 3. All acts or parts of acts inconsistent herewith are hereby repealed.

Misdemeanor.

Repeal.

Approved-The 2d day of May, A. D. 1901.

WILLIAM A. STONE.

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