$ 3167. Owners of horses, cattle, etc., to keep a mark, etc. Owners of horses, mules, cattle, sheep, goats, or hogs running at large, must have a mark, brand, and counterbrand different from any one in use by any other person, so far as may be known. En. March 12, 1872. Altering brands is state prison offense: Pen. Code, sec. 357. Marks and brands in Siskiyou County, act concerning, continued in force by code: See ante, sec. 19, subd. 11. $3168. To record brands. Fees. Every owner must record with the recorder of the county his mark, brand, and counterbrand by delivering to the recorder his mark, cut upon a piece of leather, and his brand and counterbrand burnt upon it, which shall be kept in the recorder's office. A certified copy thereof made by the recorder, with the seal of his office attached thereto, is evidence on the trial of any action in a court of competent jurisdiction as to the ownership of all animals legally marked or branded. The recorder must enter in a book to be kept by him for that purpose a copy of the marks, brands, and counterbrands; but he must first be satisfied tnat such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, and, as far as his knowledge extends, is different from any other in the state. For recording the mark, brand, and counterbrand the recorder is entitled to demand and receive one dollar. En. March 12, 1872. § 3169. Recorders' duties respecting recorded marks, etc. Every recorder in this state must transmit to the recorders of the adjoining counties a trånscript of all the marks, brands, and counterbrands recorded in his office, to be filed by such recorders in their offices, and reference thereto must be made in every case of application for the record of marks and brands. En. March 12, 1872. $ 3170. Marks and brands not lawful unless recorded. No mark, brand, or counterbrand is lawful unless recorded as provided in this article, nor shall any person use more than one mark or brand, unless he is the owner of more than one ranch or farm. En. March 12, 1872. § 3171. Certain marks not allowed. No person must use a mark by cutting off the ear or by cutting the ear on both sides to a point. En. March 12, 1872. 3172. Branding animals, at what age. Every person must mark or brand his horses and mules before they are eight months old, and cattle before they are twelve months old, on the hip or hinder part, and mark or brand his sheep, goats, and hogs, before they are six months old. On the trial of any action to recover the possession of any animal which is marked or branded, the mark or brand is prima facie evidence that the animal belongs to the owner of the mark or brand. When a dispute occurs in regard to a mark or brand, the person first recording the same is entitled thereto. En. March 12, 1872. Am'd. 1873-4, 43. Prima facie evidence defined: Code Civ. Proc., sec. 1833. ARTICLE II. REGULATIONS RELATING TO MARKS AND BRANDS. 3182. § 3183: § 3184. § 3185. Regulations for selling cattle, etc. Penalty for using more than one, or an unrecorded brand Hides of slaughtered cattle to be kept. § 3182. Regulations for selling cattle, etc. Persons selling cattle, horses, mules, jacks, or jennies, must counterbrand them on the shoulders, or give a written descriptive bill of sale. En. March 12, 1872. § 3183. Penalty for using more than one, or an unrecorded brand. Any person who uses any mark, brand, or counterbrand other than the one recorded by him, except by the consent of the owner of such other mark, brand, or counterbrand, or uses more than one mark, brand, or counterbrand, otherwise than is provided in article I, or suffers his ward, child, apprentice, or servant to use any other than his own mark, brand, or counterbrand, on those of the stock they run with, forfeits to any person suing therefor the stock so marked or branded with any other than the proper mark or brand recorded by him. This section does not extend to any stock which may descend to any ward, child, apprentice, or servant by the gift or devise of any person other than the guardian, parent, or master, of such ward, child, apprentice, or servant; but the marks, brands, and counterbrands of such minors, apprentices, or servants, must be recorded as other marks, brands, and counterbrands. En. March 12, 1872. § 3184. Fraudulently mismarking stock. If any person has knowledge of any person, who, with the intent to defraud or willingly mismarks or misbrands any stock not his own, or kills any stock running at large having a proper owner, the person having such knowledge must, within ten days thereafter, give information thereof to some justice of the peace of the proper county. En. March 12, 1872. Altering brands: Pen. Code, sec. 357. § 3185. Hides of slaughtered cattle to be kept. All persons slaughtering cattle must keep the hides with the ears attached for fifteen days; and all persons having such hides in their possession must exhibit the same for examination on demand being made by any person. En. March 12, 1872. 3197. 3198. § 3199. Exclusive use of trade mark, how secured. Record of trade marks. Assignments. Injunctions. 3200. Use of by labor union. §3201. Infringement of trade mark used by trade union. 3196. "Trade marks" defined. The phrase "trade mark" as used in this chapter includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description, and also any name or names, marks or devices, branded, stamped, engraved, etched, blown, or otherwise attached or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, used by any mechanic, manufacturer, druggist, merchant or tradesman, to hold, contain or inclose the goods so imported, manufactured, produced, compounded or sold by him, other than any name, word or expression generally denoting any goods to be of some particular class or description. En. March 12, 1872. Am'd. 1903, 80. Cal. Rep.Cit. 63, 446. § 3197. Exclusive use of trade mark, how secured. Any person may record any trade mark or name by filing with the secretary of state his claim to the same, and a copy or description of such trade mark or name, with his affidavit attached thereto, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that he (or the firm or corporation of which he is a member) is the exclusive owner, or agent of the owner, of such trade mark or name. En. March 12, 1872. Am'd. 1885, 94. Cal.Rep.Cit. 66, 78; 102, 44. The secretary of state $3198. Record of trade marks. 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 collect from such claimant a fee of three dollars in gold coin, to be paid into the state library fund. En. March 12, 1872. § 3199. Assignments. Injunctions. 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. En. March 12, 1872. Am'd. 1885, 94. Cal.Rep. Cit. 66, 78; 102, 44. § 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 trade union, 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. En. Stats. 1887, 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. En. Stats. 1887, 168. CHAPTER VIII. WEIGHTS AND MEASURES. § 3209. The standard of weights and measures. 3222. 3223. Division of the half-bushel. Division of capacity for commodities. Heap measure. Contracts construed accordingly. Weights of bushels of various products. § 3209. The standard of weights and measures. The standard weights and measures now in charge of the secretary of state being the same that were furnished to this state by the government of the United States, and con |