Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1883-04-12

tate and enforce the order decree provided in
section four Of sand act.
SECT i. The claimant to property sold under the
provisions of section thirtythree "a said act, shall
bring Ms suit agan> the assignee 10 be served on him
within slNty days after the judge orders such ste,
10 recover compensation tor the value OF such prop
erty, be prccluded thereafter from maintaining
any action AT law or in equity for the recovery
thereof provided. that the further time ~ TX
months be allowed TO any claimant in proceedings
pending TO bring his action a. herein provided
against the assignee.
SEcr T. The indgss OF the courts Of insolvency
Shalt prepare and file in the Office Of the secretary Of
state annually, on the first Monday OF January re-
port Of all the cases in insolvency within their res
pecrve counties showing the names of the in-olvens
the date fthe filing of the petition HE date Of the
discharge the amount and average rate OF aiFldeus
declared, inclusive of composition cases. ana ihe
amount Of fees received or earned by them and the
registers of said court.
SECT. s. All acts and parts OF acts inconsistent
with this act Hr" hereby repealed.
SECT :. This act shall take effect when approved.
Approved March ~, lss3.l
Chapter 2t5.
AN ACT concerning trademarks ana their regis
tration.
Re Il enacted &c as follows:
SECT. ! Amy person entitled TO the exclusive use
OF any lawful trademark, or who intends 10 adopt
and use any lawful Trademark, not previously
adopted or used by another, may file for record IN
the Office of the secretary of this state certificate,
setting forth his residence and place of busi-
ness; the class of merchandise and the particular
description of goods comprised in such class 10
which trademark has been, or is 10 be apnro-
priated description of such trade mark, and OF
the mode In which il Is 10 be applied and used;
the date when such trademark first used
adopted: that he has a right TO the use OF II; and
that no other person, firm or corporation mas The
right TO such USE either in tire ld"ntcal FORM, or
having such near resemblance thereto as might be
calculated to deceive. A fac-simile OF such trade
mark shall be- incorporated in or annexed 10 said
certificate and duplicate shall be hied thsrew'thto
be pasted bound into the record BOOK pracnca-
bic Such certificate shall be signed by the person
in whose beh af 1t Is filed or by his ageft ana me
person signing 1t, shall make oath or afhrm that
all the statements rein contained are rue, 10
the best of his knowledge and belief.
SECT. 2. Any person who shall wiltuIly swear or
affirm falsely In any such affirmation or affidavit as
TO any matter therein required I've set forth, shall
he guilty of perjury and shall pay treble damages
every party injured thereby.
SRCT g. Ii the secretary OF state has reason TO APP
prehend on the filing of any such certificate, that the
statements therein contained, or any of them, are
untrue he may decline to record the same, unless
the party filing 1t shgl obtain writ OF mandamns
to compel such recording. Such writ may be
granted, but without costs to the secretary, by any
proper court, due proofthat all the statements In
such certificate be true, but no iina hearing on the
applicaton therefor, shall be had until such notlce
Thereof as the said court may order, has been al
vertised in one or more newspapers puolished IN
the county where the party filing said cer1hcate re-
sides. and any persons who desire, may appear anu
intervene rs parties defendant and oppose Inc
granting OF such writ, and shall be iaoie 70 JUG
ment for any costs occasioned by such intervention.
SECT Every party having the lawfni right 20
make and file such certificate and affidavit, upon the
recording of the same in said Office shai necome
entitled TO the exclusive of the trade marx
ia described for so long as he or MS assigns s an
OF the merchandise description Of goods 10 winch
it ID priated and such right shall pc assigna
BILE In writing; but all assignments Thereon shaI pc
good onfy against the assignor and his personal rep
resentatves, until lodged for record IN said once
SECT. s. The secretary of state shall retain al
such certificates file, and cause the same ara aii
assign of trade mark rights to be recorded AT
length in his Office and shall De entitled to fee of