expressage, and contingent expenses of the Attorney-General, for the forty-seventh fiscal year. SEC. 2. The Controller is hereby authorized to draw his warrant for the amount herein made payable, and the Treasurer directed to pay the same. SEC. 3. This Act shall take effect immediately. Appropria deficiency, CHAPTER CLVI. An Act making an appropriation to pay the deficiency in the appropriation for office rent of Attorney-General in San Francisco, for the forty-eighth fiscal year. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. The sum of four hundred and sixty dollars is tion for hereby appropriated out of any money in the state treasury not Attorney otherwise appropriated, to pay the deficiency in the appropriaGeneral. tion for office rent of the Attorney-General in San Francisco, for the forty-eighth fiscal year. SEC. 2. The Controller is hereby authorized to draw his warrant for the amount herein made payable, and the Treasurer directed to pay the same. SEC. 3. This Act shall take effect immediately. Trademarks, counter CHAPTER CLVII. An Act to amend sections three hundred and fifty, three hundred and fifty-one, and three hundred and fifty-four of the Penal Code of the State of California, relating to the punishment of counterfeiting trademarks, and the sale of goods bearing counterfeited trademarks, and other infringement of the rights of trademarks. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section three hundred and fifty of the Penal Code of the State of California is hereby amended to read as follows: 350. Every person who willfully reproduces, copies, imitates, forges, or counterfeits, or procures to be reproduced, feiting of. copied, imitated, forged, or counterfeited, any trademark usually affixed by any person to his goods, which has been duly recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, or any label or brand, composed in whole or in part of a reproduction of said trademark, or who affixes the same to goods of essentially the same descriptive properties and qualities as those referred to in the registration of such trademark, with intent to pass off, or to assist other persons to pass off, any goods to which such reproduced, copied, imitated, forged, or counterfeited trademark, or label, or brand is affixed, or intended to be affixed, as the goods of the person, firm, company, or corporation owning the said trademark, is guilty of a misdemeanor. SEC. 2. Section three hundred and fifty-one of the Penal Code of the State of California is hereby amended to read as follows: goods counter feited 351. Every person who sells, or keeps for sale, or Sale of manufactures or prepares, for the purpose of sale, any goods under upon or to which any reproduced, copied, imitated, forged, or counterfeited trademark, or label, or brand, composed in whole trademark. or in part of such a reproduced, copied, imitated, forged, or counterfeited trademark, has been affixed, after such trademark has been recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, intending to represent such goods as the genuine goods. of the person, firm, company, or corporation owning the said trademark, knowing the same to be reproduced, copied, imitated, forged, or counterfeited, is guilty of a misdemeanor. SEC. 3. Section three hundred and fifty-four of the Penal Code of the State of California is hereby amended to read as follows: possession, 354. Every person who has in his possession, or who Having in uses any cask, bottle, vessel, case, cover, label, brand, or other etc. thing bearing, or having in any way connected with it, the trademark of another, which has been duly recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, or the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle, vessel, case, cover, label, brand, or other thing originally contained, or is connected with by the owner of such trademark or trade name, with intent to deceive or defraud, is guilty of a misdemeanor. CHAPTER CLVIII. An Act providing for the furnishing to Sheriffs and Chiefs of Police of certain information, descriptions, and photographs of convicts about to be discharged, by the wardens of state prisons. [Approved March 27, 1897.] The People of the State of California, represented in Senate and graphs of SECTION 1. Within thirty days prior to the expiration of Photothe sentence of any convict confined in any state prison of this convicts State the warden of such state prison shall forward to each furnished. to be Sheriff and Chief of Police of this State a photograph of such convict, together with a minute description of his person and marks of identification, together with a statement of the nature of the crime he is imprisoned for. SEC. 2. Section one of this Act shall be construed so as to apply only to convicts who have served a prior term or terms in a state prison or house of correction. SEC. 3. Any expenditure incurred in carrying out the provisions of this Act shall be paid for out of the appropriation made for the support of state's prisons. SEC. 4. This Act shall take effect immediately and be in force from and after its passage. Manner of CHAPTER CLIX. An Act prescribing the manner of locating mining claims upon the public domain of the United States, recording notices of location thereof, amending defective locations, and providing for the deposit of district records with County Recorders, and prescribing the effect to be given to recordation of notices of location and affidavits. [Approved March 27, 1897.] The People of the State of California, represented in Senate and SECTION 1. The location of mining claims upon the public locating domain of the United States shall be made and perfected as perfecting provided in this Act. and mining claims. Posting notice. Recording notice. SEC. 2. The discoverer of any vein or lode shall immediately, upon making a discovery, erect at the point of discovery a substantial monument or mound of rocks, and post thereon a preliminary notice, which shall contain: First-The name of the lode or claim; Second-The name of the locator or locators; Fourth-The number of linear feet claimed in length along the course of the vein each way from the point of discovery; Fifth-The width claimed on each side of the center of the vein; Sixth-The general course of the vein or lode, as near as may be; Seventh-That such notice is a first or preliminary notice. Such notice shall be recorded in the office of the County Recorder of the county in which the same is posted within twenty days after the posting thereof. Upon the erection of said monument and posting such notice, the discoverer shall be allowed the period of time specified in section three of this Act to enable him to perfect his location as hereinafter provided. work, etc. SEC. 3. Within sixty days from the date of the discovery of Developa vein or lode, the discoverer must perform fifty dollars' worth ment of labor in developing his discovery, and distinctly mark his location on the ground so that its boundaries can be readily traced, and must file in the office of the County Recorder of the county in which the claim is situated, a certificate of location, Certificate which said certificate shall state: 1. The name of the lode or claim; 2. The name of the locator or locators; 3. The date of discovery and posting of the notice provided for in section two of this Act, which shall be considered as the date of the location; 4. A description of the claim, defining the exterior boundaries as they are marked upon the ground, and such additional description by reference to some natural objects, or permanent monument, as will identify the claim. 5. A statement that such certificate is the final or completed notice of location, and that he has performed the aforesaid fifty dollars' worth of labor in development work thereon within the aforesaid sixty-day period, stating generally the nature thereof. Said certificate shall be dated and signed by or on behalf of the locator or locators, and verified by them or by some one in their behalf, and when filed for record shall be deemed and considered as prima facie evidence of the facts therein recited. A copy of such certificate of location, certified by the County Recorder, shall be admitted in evidence in all actions or proceedings with the same effect as the original. The performance of such labor shall be deemed a necessary act in completing such location and a part thereof, and no part thereof shall inure to the benefit of any subsequent location. of location shall state. SEC. 4. The discoverer of placers or other forms of deposit, Placer subject to location and appropriation, under mining laws locations. applicable to placers, shall locate his claim in the following manner: First-He must immediately post in a conspicuous place at Notice of the point of discovery thereon a notice or certificate of location location thereof, containing: (a) The name of the claim; (b) The name of the locator or locators; (c) The date of the discovery and posting of the notice, herein before provided for, which shall be considered as the date of the location; (d) A description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys; otherwise, a description with reference to some natural object or permanent monument as will identify the claim, and where such claim is located by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground, the same as other locations. to contain, what. Second-Within thirty days from the date of such discovery Recording he must record such notice or certificate of location in the office notice. of the County Recorder of the county in which such discovery Work on claims. Forfeiture. Affidavit of work done. Affidavit, facie is made, and so distinctly mark his location on the ground that its boundaries can be readily traced. Third-Within sixty days from the date of the discovery the discoverer shall perform labor upon such location or claim in developing the to an amount which shall be equivalent in the aggregate to at least ten dollars' ($10) worth of such labor for each twenty acres, or fractional part thereof, contained in such location or claim. A failure to perform such labor within said time, shall cause all rights under such location to be forfeited and the land covered thereby shall at once be open to location by qualified locators other than the preceding locators, but shall not in any event be open to location by such preceding locators, and any labor performed by them thereon shall not inure to the benefit of any subsequent locator thereof. Fifth-Such locator shall, upon the performance of such labor, file with the Recorder of the county an affidavit, showing such performance, and generally the nature and kind of work so done. SEC. 5. The affidavit provided for in the last section, and ete prima the aforesaid placer notice or certificate of location, when filed evidence. for record, shall be deemed and considered as prima facie evidence of the facts therein recited. A copy of such certificate, notice, or affidavit, certified by the County Recorder, shall be admitted in evidence in all actions or proceedings with the same effect as the original. Locations void, unless. Mining district records. In effect. SEC. 6. All locations of quartz or placer formations or deposits, hereafter made, which do not conform to the requirements of this Act, in so far as the same are respectively applicable thereto, shall be void. SEC. 7. No record of a mining claim or millsite, made after the passage of this Act, in the records of any mining district, shall be valid. All notices of location of mining claims, millsites, and other notices, heretofore recorded in such district records, if such notices conform to the local rules and regulations in force in such district, are hereby declared valid. Within thirty days after the passage of this Act the district recorder or custodian of the records of the several mining districts in this State, shall transmit to the County Recorders of the respective counties wherein the respective districts are situated, all the records of said respective districts, and thenceforward such County Recorder shall be deemed and considered the legal custodian of such records. Thereafter copies of such records, certified by the County Recorder, may be received in evidence with the same effect as the originals. SEC. 8. This Act shall take effect and be in force sixty days after its passage. |