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speed, shall not be changed after the horse has once contested for a prize, purse, premium, stake or sweepstakes, except as provided by the code of printed rules of the society or association, under which the contest is advertised to be conducted.

SECTION 4. That the class to which a horse be- Classification longs for the purpose of an entry in any such of horses. contest of speed, shall be determined by the public performance of said horse in any former contest or trial of speed, as provided by the printed rules of the society or association under which the proposed contest is advertised to be conducted. And any person or persons knowingly misrepresenting or fraudulently concealing the public performance, in any former contest or trial of speed, of any horse, which he or they propose to enter for competition in any such contest, shall, upon conviction thereof be liable to the same punishment as is provided in section 2 of this act, whether he or they shall succeed in making said entry or not.

SECTION 5. This act shall take effect and be in force from and after its passage and publication.

Approved April 16, 1891.

No. 25, S.]

[Published May 5, 1891.


AN ACT to protect labels and trade marks of as

sociations and trades unions.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. It shall be lawful for associations Labels and and trades unions to adopt for their protection trade marks. labels and trade marks to be used by such associations or unions, on goods made by their members.

SECTION 2. That every association or trade to be recorded union adopting a label or trade mark as specified in office of sec. in section 1, of this act, shall record the same in

the office of the secretary of state by filing two copies of said labels or trade marks with the secretary of state, who shall, under his hand and seal, deliver to the association or union recording such label or trade mark, a certificate of record showing that the same has been duly recorded;

for which he shall receive a fee of one dollar. Counterfeits, SECTION 3. Any person or persons who shall penalty.

counterfeit, or use any counterfeit of labels or trade marks of any association or trade union as provided for in sections 1 and 2, of this act, with the intention to be benefited thereby or to deceive the public, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of rot less than twenty five dollars nor more than one hundred dollars, or by an imprisonment of not to exceed six months.

SECTION 4. Every association or trade union Imitations may recording a label or trade mark as provided in

section 2, of this act, may proceed by suit brought in any of the courts of the state having jurisdiction of the person or persons to restrain the manu. facture, use, display or sale of counterfeits or imi: tations of such labels or trade marks; and upon satisfactory proof of such wrongful use, the court shall grant an injunction restraining the person or persons, who are so manufacturing, using, displaying or offering for sale such counterfeits or imitations of such labels or trade marks, and shall award the complainant the profits derived from such wrongful use.

And the court shall render a judgment against the defendant or defendants for the amount of the profits the defendant or defendants have derived thereby, and also for the damages to the plaintiff as decided by the court, and the court shall also order all counter feit labels and trade marks in possession or under the control of the defendant, to be seized by an officer whose duty it shall be to destroy the same.

SECTION 5. All acts or parts of acts, so far as they are inconsistent or conflict with the provisions of this act, are hereby repealed.

SECTION 6. This act shall take effect and be in force from and after its passage and publication.

Approved April 16, 1891.


No. 77, S.)

(Published May 4, 1891.


AN ACT to authorize the location and construc

tion of railroads in tunnels or underways, and to authorize condemnation of right of way therefor.

to be made to

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows: Undergronnd SECTION 1. Any railroad corporation organized railways may be constructed. under any general or special law of this state shall,

in addition to all other powers vested in it, have authority to locate and construct its line of railway in whole or in part, in such manner that the same, when constructed shall, in whole or in part, be wholly beneath the surface of the ground and may use in the construction, maintenance, and operation of its said railway, such underways, tunnels or other means as may be necessary or

expedient. Compensation SECTION 2. All rights and easements necessary owners of land to be acquired, had and enjoyed by any railroad through railroad passes corporation, which shall or may hereafter locate

its line of railway, or any part thereof, pursuant to the authority contained in section 1 of this act, may be condemned and permanently ap. propriated to the use of such corporation in the manner prescribed by chapter 87, of the revised statutes, and the acts amendatory thereof and supplementary thereto; provided, bowever, that the owners of any land traversed by any tunnel or underway shall be entitled to compensation for all land taken therefor as well as for all damages sustained by reason of the taking thereof and the construction, maintenance and operation of a railway in any such tunnel or underway at whatsoever depth below the surface such tunnel or underway may be constructed, operated and maintained.

SECTION 3. Nothing in this act contained shall not repealed.

be so construed as repealing chapter 255, of the general laws of 1889, or as depriving any munici pal corporation of any power now vested in it by law.

Chapter 255, laws of 1889

SECTION 4. If such tunnel or underway be con. Across streets

and highway structed across or under any street or highway, all owners of lots or property abutting upon that part of the street or highway occupied by such tunnel or underway, shall be entitled to recover all actual damages, if any, by them sustained to the said lots or property.

SECTION 5. This act shall take effect and be in force from and after its passage and publication.

Approved April 17, 1891.

No. 220, S.]

[Published May 12, 1891.


AN ACT to amend section 1775, chapter 86, re. vised statutes, as amended by chapter 133, laws of 1881, and chapter 70, laws of 1883, relating to corporations.

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The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. Section 1775, chapter 86, of the re- Amends sec. vised statutes of Wisconsin, as

amended by 1715, R. S. 1878. chapter 133, of the laws of 1881, and by chapter 70, of the laws of 1883, is hereby furi her amended by inserting therein after the word “

corpora tion," where it occurs in the twelfth line of said section 1775, the following: “Except upon and with the assent of the holders of three fourths of the capital stock of both the corporation proposing to take euch stock, and the corporation in which it is proposed to be taken.” So that said section when so amended, shall read as follows: Section 1775. Every such corporation, when so May purchase organized, shall be a body corporate by the name corporation, designated in its articles, and shall have the pow. ers of a corporation conferred by these statutes, necessary or proper to conduct the business or accomplish the

purposes prescribed by its articles, but no other or greater; and may take by gift, devise, purchase or other wise, and

stock in

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