Unlawful use of label, trademark, etc. label, trade-mark, trade-names, device, shopmark, designation, or form of advertisement, shall be entitled thereto, and the owner thereof by right of prior adop tion; in which case the date of adoption shall determine the ownership, and shall be proved by affidavits of persons conversant with such dates. In the case the Secretary of the State becomes satisfied, after hearing the said affidavits, that the person or persons, copartnership or corporation, last applying for registry is entitled to priority of adoption to register such trade-mark, trade-name, device, shopmark, designation, or form of advertisement, he shall revoke the first registry thereof, and re-register the same in the name of said applying person or persons, copartnership or corporations," be and the same is hereby amended so as to read as follows: Section 3. That whenever person or persons, copartnership or corporations, has heretofore adopted and filed for record or registry, or shall hereafter adopt and file for registry, any label, trade-mark, trade name, device, shopmark, designation, or form of advertisement, as herein provided, it shall be unlawful and a violation of this act for any other person, copartnership, or corporation to make any use, sale, offer for sale, or display of the genuine label, trademark, trade-name, device, shopmark, designation, or form of advertisement, or any such likeness or imitation thereof as shall be calculated or liable to deceive, of any such person or persons, copartnership or corporations, filing the same; or to sell, offer to sell, or dispose of any goods, wares, or merchandise, in bulk, or in box, case, can, bottle or package to or which any genuine label, trade-mark, trade-name, device. shopmark, designation, or form of advertisement, filed for record as aforesaid, or any such likeness or imitation thereof, is attached, affixed or displayed; or to make any wrongful use whatever of any such genuine label, trade-mark, trade-name, device, shopmark, designation, or form of advertisement, or any such likeness or imitation thereof; or to, in any way, use the name or seal of any such person or persons, copartnership or corporation, or any other likeness or imitation thereof, in and about the sale of goods, or otherwise, without first obtaining, in every such case, the License, consent, license, consent or authority of the person or persons. or authority to use. Use of labeled product as a pattern. copartnership or corporation, adopting, filing and reg istering the same; and it shall be unlawful for any other person or persons, firm, copartnership, or corporation to remove any such label, trade-mark, tradename, device, shopmark, designation, or form of advertisement, so registered as aforesaid, and attached to merchandise or products of labor, for the purpose of using such merchandise or products of labor as a pattern for the reproduction of the same: Provided Proviso. may be revoked and terminated at any time, upon Revocation of 11notice, and thereafter any use thereof shall be a vio- cense, etc. lation of this act, and subject those violating the same to all the liabilities and penalties herein provided against any violation thereof. He shall refuse to file not be registered. or register any label, trade-mark, trade-name, device, Imitation shall APPROVED-The 24th day of April, A. D. 1905. Secretary of the Commonwealth may revoke reg istry. 20 Laws. Act of March 5, 1875, cited for amendment. Supreme Court, Appointment of crier and tipstaves. Compensation. No. 211. AN ACT To amend an act approved the fifth day of March, Anno Domini eighteen hundred and seventy-five, entitled "An act authorizing the judges of the Supreme Court to appoint officers of said Court," so as to provide for the payment of the salaries of court criers and tipstaves by the Commonwealth. Section 1. Be it enacted, &c., That an act approved the fifth day of March, Anno Domini eighteen hundred and seventy-five, entitled "An act authorizing the Judges of the Supreme Court to appoint officers of said Court," which reads as follows: "Section 1. Be it enacted, &c., That the Judges of the Supreme Court be and they are hereby authorized to appoint one crier and so many tipstaves as said Court may deem necessary, in each and every city and county in which said court is or shall be held, whose compensation shall be fixed by the Judges of said Court, at a rate per diem, for the whole year, not exceeding that now paid to similar officers of the Court of Common Pleas of said cities or counties; which compensation shall be paid by the proper city or county treasurer, on bills approved by the said Court or by the prothonotary thereof, in pursuance of a rule to be made for this purpose," be and the same is hereby amended so as to read as follows: Section 1. Be it enacted, &c., That the Judges of the Supreme Court be and they are hereby authorized to appoint one crier and so many tipstaves as said Court may deem necessary, in each and every city and county in which said Court is or shall be held, whose compensation shall be fixed by the Judges of the said Court; which compensation shall be paid by the Commonwealth, on bills approved by the prothonotary of said Court, in pursuance of a rule to be made for this purpose, which shall be certified to the Auditor General, who shall draw his warrant on the State Treasurer in favor of the said court crier and tipstaves. APPROVED-The 24th day of April, A. D. 1905. No. 212. AN ACT To amend the second section of an act, entitled "An act regulating the sale of concentrated commercial feeding stuffs, defining concentrated feeding stuffs, prohibiting their adulteration, providing for the collection of samples, the expenses of the enforcement of the law, and fixing penalties for its violation," approved the twenty-fifth day of April, Anno Domini one thousand nine hundred and one, so as to extend the application of the term commercial feeding stuffs. Section 1. Be it enacted, &c., That section two of an act regulating the sale of concentrated commercial feeding stuffs, prohibiting their adulteration, providing for the collection of samples, the expenses of the enforcement of the law, and fxing penalties for its violations, approved the twenty-fifth day of April, Anno Domini one thousand nine hundred and one, which reads as follows: "Section 2. the term 'concentrated commerical feeding stuffs', as used in this act, shall include linseed meals, cotton seed meals, gluten meals, maize feeds, starch feeds, sugar feeds, dried brewers' grains, malt sprouts, hominy foods, cerealine feeds, rice meals, ground-beef or fish-scraps, and all other materials of similar nature; but shall not include hays and straws, the grinding together of pure whole grains, nor the unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, buckwheat or broom-corn; neither shall it include wheat, rye or buckwheat bran, or middlings not mixed with other substances, and sold separately, as distinct articles of commerce," be and the same is hereby amended to read as follows: Section 2, act of April 25, 1901, cited for amend ment. Concentrated com mercial feeding Section 2. The term "concentrated commercial feeding stuffs," as used in this act, shall include linseed stuffs. meals, cotton seed meals, gluten meals, maize feeds, starch feeds, sugar feeds, dried brewers' grains, malt The term defined. sprouts, hominy feeds, cerealine feeds, rice meals, corn bran; wheat, rye and buckwheat bran, and middlings, ground-beef or fish-scraps, and all other materials of simliar nature that are manufactured and sold as feeds for live stock and poultry; but shall not include hay, straw and corn stover, when the same is unmixed with other materials, or the unmixed meals made from wheat, rye, barley, oats, buckwheat, Indian corn or broom-corn: Provided, That nothing in Proviso. tnis act shall be construed as prohibiting persons engaged, within the State of Pennsylvania, in the busi facturers. ness of manufacturing flours, from selling, at the Flour manuplace where made, their own manufacture of bran and middlings, without complying with the provisions of section one of this act. APPROVED-The 24th day of April, A. D. 1905. SAML. W. PENNYPACKER. No. 213. AN ACT Authorizing the creation, division and consolidation of wards, in cities of the second class; providing a method therefor, and fixing the minimum number of inhabitants in each ward. Section 1. Be it enacted, &c., That within two years Cities of the secfrom the passage of this act, and not oftener than de- ond class. or consolidation of wards. Petition. Commission of cennially thereafter, wards in cities of the second Creation, division class may be divided, consolidated, or new wards therein created, by a commission of three to be appointed by the president judge of any court of com mon pleas of any county in which said city or cities are located. Upon application being made to said president judge, for the appointment of said commission, by the petition of at least one hundred qualified electors of the ward, wards or city affected, praying for the division of a ward, or for the erection of a new ward or wards out of two or more wards, parts of two or more wards, or of new territory annexed, or, for a reapportionment of all of the wards in said city, the president judge of said court of common pleas may appoint a commission of three electors of said city, for the purpose of considering and carrying out the prayer of the petitioners; and it shall be the duty of the commission so appointed to make a draft of the ward, wards or city to be divided, consolidated or apportioned into wards, showing the divisions thereof, or of the new ward or wards proposed to be created, as the case may be, and such commission shall make a report by a majority of its membership to the president judge of the said court of common pleas, together with their recommendations concerning the same: Provided, however, That no ward provided for in said report shall contain a population of less than four thousand inhabitants, according to the last preceding United States census: And provided further, That this act shall not go into effect until January one, one thousand nine hundred and six. three electors. Draft. Report. Proviso. Proviso. Section 2. If the commission or a majority of the members thereof shall make a report recommending such division, creation, consolidation or apportionment, and attach to said report a map or draft of the ward or wards to be divided, consolidated or apportioned, showing the divisions thereof, or of the new ward or wards proposed to be created, and the said report is confirmed finally by said president Duty of councils. judge, it shall be the duty of councils to prepare an ordinance for carrying said report, so confirmed, into effect; which ordinance shall be introduced at a stated meeting of the common councils, and the same published in newspapers of the city, having contracts to do the city advertising, once a week for two weeks before the final consideration and passage thereof by the common councils; and at any stated meeting of the select council, held at least one week after the final consideration of such ordinance by the common council, the select councils may consider and act upon the same. Ordinance. Meetings. Councilmen in office. Section 3. All councilmen in the ward or wards affected by the division, creation or consolidation, as |
