The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

sane person has an interest I'm the real estate Of
said petitioner, and showing that 1t Ia des1rs6ie
such probate court may make an order directing
the guardian Of such insane pcrson to execute
such mortgage or deed for and on behalf Of such
insane person; such petition shall contain de-
scription Of tho real estate to DO mortgaRed or
sold, and tho amount for which said mortgage
or deed 10 to be executed. to whom. and such
reasons - may exist for lnOrtRa9inR or selling
the same II tho real estate to he mortgaged or
sold DO situated In another county than that In
which the petitioner resides. the petition shall
bo made to the probate court OF the county
wherein said real estate IL situated.
SEQ 2. Before such order is made. notice Of
the time and place of the hearing upon the pet1-
ton shall be given, as now provided by law for
the hearing upon tho petition Of executors and
administrators for the sale Of lands.
SEC g. This act shsii tax ., Eject and b IN
Approved March s. 1885.
AN ACT Q prevent and punish fraud in the use
of false stamps brands. labels or trade marks
Be i enacted 1v the Legislature Of the State
SECTION l. ANY person or persons who shall
knowingly and wiilfully forge or counterfeit,
procure to be forged Or countsrfeited, any repre-
Of the private stamps, brands, wrapper, label or
trade mark usually affixed by any mechanic,
manufacturer, druggist. merchant or tradesmsn
to and upon tho GOODS wares, merchandise or
preparation OF said mechanic, manufacturer.
druggist, merchant or tradeaman, with intent to
pass of any work, goods, manufacture COM
counterfeit representation likeness, silnilitude.
copy or imitation ia affixed intended to be
affixed as the work. goods. manufacture, COM
pound or preparation of such mechanic. manu-
facturer, druggist, merchant or tradesman, shall,
upon conviction thereof, be deemed guilty Of a
misdemeanOr, upon conviction thereof. and shall
for period not less than six months nor more
than twelve months, or fined not more than i've
thousand dollars 1884, OO.)
Sec. 2. Any person or persons who shall, with
Intent to defraud any person or persons, body
corporate or polite have in his or their possess
sion any die or dies, plate or plates, brand or
labels. stamps, imprints. wrapper, or trade
marks, or any representation, likeness, stmili-
tude, copy or imitation Of the private stamps
imprint brand, wrapper, label or trade mark
usually affixed by any mechanic, manufacturer.
druggist, merchant or brakeman to or upon
articles made. manufactured. prepared or COM
pounded by him or them, for the purpose Of
making Impressions, or selling the same when
made, OF using the same upon any other article
made, manufactured, prepared or compounded,
as the original goods, manufactures, prepara-
ton or compounds OF any other person or per,
or s or wh 70.
nine stamp, brand. imprint. wrapper. label or
trade mark, with intent to pass of any goods,
other articles not the manufacture Of the person
or persons, body corporate or politic. to whom
such stamp. brand, imprint, wrapper, label or
original, shall upon conviction thereof he deemed
guilty OF misdemeanor, and shall be punished
by imprisonment in the county Jail not less than
fined not more than five thousand dollars
($5,OOO).
SEC. 5. Any person who shall vend or keep
Sr ch sny orsG
terfeit stamps, brands, imprints, wrappers,
labels or trade marks shall be placed or affixed,
and intended to represent the said goods, wares,
merchandise, mixture or preparation as the gen.
uine goods wares, merchandise, mixture or
preparation Of any other person or persons
knowing the same to be couneerfeit. shall. npon
conviction thereof. be deemed guilty OF misde-
meanor, and shall be punished by fine not ex-
ceedinR i've hundred dollars $500 in each case
action to the person or persons whose goods,
wares, merchandise, MIXTURE or preparation is
counterfeited or initiated. or whose stamps.
brands, imprints, wrappers, labels or trade
marks are forged, counterfeited. placed or
affixed, for al damages such person or persons
may or shall sustain by reason OF any OF the acts
in this section mentioned. and may be restrained
or enjoined by any court OF competent jurisdic-
ton, from doing or performing any Of the acts
above mentioned
SEC. L. Any person or persons who shalt with
Intent to defraud any person or persons, body
corporate OF polite, knowingly aftix or cause to
be affixed, to or upon any bottle, case. box or
package, containing any goods, manufacture,
mixture, preparation or compound, any stamp,
brand label. wrapper, imprint or trade mark,
which shall designate such goods manufacture.
mixture, preparation or compound, either wholly
or In part the same to the eye, or in sound to the
eur, as the word or words. or some Of the words
used by any other person or persons: for desis-
araticn or compound manufactured, or prepared
by or for such other person or persons, or who
any such bottle, case, box or package. with any
such stamp. brand. label. wrapper, imprint or
mark affixed to or upon 1t, shall, provided such
person or persons. so aftixing or causing to lie
affixed, any such stamp, brand. label, wrapper,
imprint or mark, or SO selling or exposing or
Offering for sale any such bottle, case, box or
Sk,0n hu1yA fiVSk ffNo
use such words to designate wholly or in art,
any goods, manufacture, mixture, preparation or
compound, upon conviction thereof, be deemed
guilty OF q misdemeanor, and shall be punished
by imprisonment in the county Jail, not less
than six nor more than twelve months. or be
fined not more than five thousand dollars
($5,OOO), and shall also be liable to the party
aggrteved in the penal sum Of one hundred dol
lars ($lOO) for each and every oftense, to be re-
covered by him In civil action.
SEC. >. Any person or persons who with In
tent to defraud, or to enable another to defraud
any person, shall manufacture or knowingly
sell, or cause to be manufactured or sold, any
article or articles marked, stamped or branded
or encased or inclosed in any box, bottle or
wrapper, having thereon any engraving or en-
cravings, or printed labels, stamps, lmpr1nts,
marks or trade marks which article or articles
are not the manufacture workmanship or pro-
ductton OF the person named, indicated or de-
noted by such marking, stamping or branding,
or by or upon such engraving or engravings,
printed labels, stamps, imprints, marks or trade
marks, shall, upon conviction thereof. be
offense shall forfeit and pay a fine OF two hun
dred dollars $4,000, to be recovered with costs
IN civil action to be prosecuted by the county
Of the county in which said action shall be COM
menced; and the one-half Of such recovery shall
be paid to the informer and the residue shall be
applied to the support Of the poor in the county
where such recovery is had.
SEC g. trade mark" is mark used to in
dictate dictate the maker, owner or seller OF any goods,
compound, and include among other things any
name OF person or corporation, or any letter.
word. device emblem. figure, seal, stamp dia-
other mark, lawfully adopted by him and
usually affixed to any goods. merchandise. mix
same was imported. manufactured, produced,
sold, compounded. bottled. packed or otherwise
pr src oy him him. r. J.. daon.a ~ ,o .n~oa
to any goods. wares. merchandise. mixture.
preparation or compound when it IL placed in
any manner in or upon either
bottle, case, cask or other vessel package, or
cover, wrapper, stopper, brand, label or other
thing In, by or with which the goods are packed,
Enclosed or otherwise prepared for sale or dis
position.
SEC g. An imitation Of a trade mark, stamp,
brand. wrapper or label is thai which so far re-
wrapper or label as to be- likely to induce the be-
lief that it Is genuine. either by the use Of
words or letters similar in appearance or In
sound. or by any sign, device or other names
Sec. 8. No testimony or evidence given by
any person in any civil action to which such per-
son may be party, or by any other witness in
such action. or on any reference or proceeding
which NAV be had in such action. nor any evil
dence or testimony derived from the books OF
papers OF such party or witness. produced by
him as witness, or otherwise. in such action, OF
on any reference or other proceedings which may
be had therein, can or shall be used in any GRIM
tnal prosecution against such party or witness,
under any Of the provisions Of this act: Nor shall
any party or witness refuse to testify. furnish
evidence In any civil action, by reason Of any OF
the provisions of this act
SEC. IL. This act shall take effect and be in