Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-02-10

NAAANA Inspector lut LeQlDLdIlO0\
move subordinate from Office in\ 4er
70 ill it by friend. Mr.. Blon, of Ohio
county, and Mr. Toler, OF Kanawha, are
candidates for mine inspectorships.
The bill which has passed both houses
fixing the time for holding the Circuit
Courts Of the Fifth Judicial Circuit,
provides that the terms of the Circuit
Court Of Jackson shall begin on the 10th
day Of March, 10th Of July and 10th OF
November; in ROane, 25th of March,
25th of July and 25th of November; in
Clay, the 5th of April, 9TH Of August
and 5th of November; in Calhoun, the
lst of March. the 1st of June and the
lSt Of November; in Gilmer, the 10th
Of February, the 10th OF June and the
10th of November.
Citizens Of Sistersville are here to
secure the passage Of a bill to amend
the charter of the town. 1t is proposed
TO lay of the town into wards and TO
give the Council the right to issue IL
cense for the sale of spirituous liquors,
instead of having all such licenses is
sued by the county court on the per-
other counties. 1t seems that the coun-
ty court of Tyler county and the Coun-
Gil of Sistersville are not OF one mind
on the subject Of granting liquor IL
censes. and 4 is proposed TO give the
Council the authority TO grant licenses
without the concurrence Of the county
court.
III I.~ ATV
prevent the unlawful sale and use OF
bottles. has become a law. 1t is said
TO be of special interest TO large num-
Der Of business men in the State, and
especially in Wheeling. The following
is a full text of the law:
An act for the protection Of persons deaI-
ing in mineral waters, malt liquors and
other beverages in bottles.
BE 10 enacted by the Legislature Of West
Virginia:
Sec. Amy person. Arm or corporation,
manufacturing or dealing in mineral
waters. malt liquors or other, beverages
in bottles. shall be called and known as
bottlers. and as such may adopt trade
mark in the manner and with effect here
matter provided.
Sec. EVERY such bother desiring to
adopt a trade mark may do so by the eX-
ecution Of a writing in form and effect as
follows:
TRADE MARK:
Notice is hereby given that I Cor we,
etc. as the case may be) have adopted the
following trade mark to be used in my tor
our. etc) business as a bother. (Here in
sert the words. letters. figures. etc. con-
stituting the trade mark, or II it be any
device other than words, letters or figures,
etc. insert fac-simile thereof. Dated
this - day OF - A. D. -- a. B. -
/ The said writing shall be acknowledged
or proved for record in the same manner
as deeds are acknowledged or proved for
record. and shall be recorded in the Office
of the clerk Of the county court OF the
county where the principal Office or place
/ Of business of such bother may be and also
i'm the Office OF the Secretary Of State, and
a COPY thereof shall be published at least
once in each week for four successive
weeks i'm some newspaper printed in such
county. or II there be no such paper print
/ cd therein, then in some newspaper or
general circulation in such county.
Sec 3.-Every trade mark adopted shall
/ from the date thereof be the exclusive
I property OF the person, firm or corpora
/ tion adopting the same. and any other
| person. firm or corporation knowingly us
ing. or attempting 10 use such trade mark
without the written consent Of the pro-
prietor thereof shall be guilty Of a misde-
meanor and fined not less than twenty
nor more than two hundred dollars for
! each offense. and shall moreover be liable
20 the proprietor Of such trade mark for
an damages sustained by such proprietor
. by reason Of such use Of said trade mark.
Sec 4-The proprietor of any such trade
mark shall IN using the same cause it to
be plainly stamped. impressed. blown. or
/ otherwise wrought in each bottle used in
I his business.
/ Sec Sit is hereby declared 10 be mis-
deneanor for any person hereafter with
out the permission of the owner thereof
10 refill with mineral waters, malt liquors
/ or other beverages, any such bottle so
marked. OF 10 sell or buy any such bottle
/ So marked or have it in his possession for
! the purpose Of buying. selling or using for
bottliug mineral waters, malt liquors or
other beverages. or bottle so marked.
I And upon conviction thereof the offender
shall DE fined not exceeding one hundred
dollars And If II be alleged in the indict-
ment on which he is convicted and adj
mitted or by the jury found, that he has
been before sentenced IN this State for
/ ike ofense he shall he sentenced to be
confined In the county Jail for a term not
I exceeding one year.
Sec. 6-In any legal proceeding. civil or
criminal before any court or justice of
I the peace, the fact that such trade mark
is stamped. impressed. blown. or other
wise wrought I'm any such bottle shall be
prima facie proof that such bottle Is the
property Of the proprietor Of such trade
mark.
Sec I'm any prosecution for a viola
tion of any provision of this act. the fact
that the defendant filed with mineral
water. malt liquor. or other beverage. or
sold or disposed Of. or bought. or trafficked
i'm any such bottle so marked. without the
permission OF the proprietor Of such trade
mark. shall constitute prima facie proof
that he did so unlawfully.
asc. S-The proprietor Of any such trade
mark. or any agent Of such proprietor.
having reason 70 believe that any such
botrIes so marked are hidden or secreted
or unlawfully held by any person whom
soever. at any place in this State. may go
before any Justice Of the peace. and make
oath that ne has reason to believe that
certain bottles. bearing certain such trade
marks are unlawfully held or secreted al
a certain place. naming the place, the per-
son and the trade mark whereupon it
,hau 10 the duty of the Justice before