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. NOTE.-Stats. 1851, p. 412, Sec. 6. lently mis cattle. 3184. If any person has knowledge of any person, Fraudu who, with the intent to defraud or willingly mismarks marking 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 there- . after, give information thereof to some Justice of the Peace of the proper county. NOTE.-Stats. 1851, p. 412, Sec. 8. Punishment for altering brands and marks.-See Secs. 177, 357, Penal Code Cal. 3185. 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. NOTE.-Stats. 1866, p. 333, Secs. 7, 8. Hides of cattle to be slaughtered kept. ARTICLE III. TRADE MARKS. SECTION 3196. "Trade marks" defined. 3197. Person may secure exclusive use of trade mark, how. Fees for filing. 3199. Original owners of trade marks. Assignments. In junctions. marks" 3196. The phrase "trade mark" as used in this "Trade Chapter includes every description of word, letter, defined. Same. 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. NOTE. This section is based mainly on the Stat. 26 Vict., Chap. 88, Sec. 1. Field, in his Draft Outl. Inter. Code, p. 269, proposes an international "trade mark," and gives an elaborate note on the subject, containing much valuable information of its origin and use. The doctrine of trade marks is founded on the necessity of protection for business interests. The mere assumption of a family name, without any connection with trade, is not the subject of a civil action by the English law.Du Boulay vs. Du Boulay, 2 Law Rep., Privy Council, p. 430; 17 Weekly Rep., p. 594; 38 Law Journal, Privy Council, p. 35; 6 Moore's Privy Council Cases (N. S.), p. 31. Nor can one who does not produce or deal in an article invoke the law of trade marks to prevent the producer of or dealer in it from using the name of the former. Such a grievance is rather in the nature of defamation.-Clark vs. Freeman, 12 Juris., p. 149; 17 Law Journal, Chap. 142. A dealer is entitled to protection, though he be not a manufacturer.Taylor vs. Carpenter, 2 Sandford's Ch., N. Y. Rep., p. 603. A product of nature, such as the waters of a mineral spring, named and dealt in by the plaintiff, is within the principles of the law of trade marks.-The Congress and Empire Spring Co. vs. High Rock Congress Spring Co., New York Court of Appeals, April, 1871; 10 Abbott's Pr., N. Y. Rep. (N. S.), p. 349. The title of a newspaper is within the principle.-Matsell vs. Flanagan, 2 Abbott's Pr., N. Y. Rep. (N. S.), p. 459; Stephens vs. De Couto, 4 id., p. 47. And the principle may have a local application to a particular business; e. g., to the title of a hotel.-Howard vs. Henriques, 3 Sandford's N. Y. Rep., p. 725; Dietz vs. Lamb, 6 Robertson's N. Y. Rep., p. 537; see, also, Woodward vs. Lasar, 21 Cal., p. 448. In Lemoine vs. Gauton, 2 E. D. Smith, p. 343, it was held that after a manufacturer had changed his trade mark he was still entitled to enjoin the sale by others of goods put up by them under the trade mark which he had discontinued, thus falsely purporting to be of his manufacture. The right 3197. Any person may secure the exclusive use of any such 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. NOTE.-Stats. 1863, p. 157, Sec. 10. Person exclusive mark, how. may secure use of trade Record of trade 3198. The Secretary of State must keep for public marks kept examination a record of all trade marks or names filed by Secretary of State. Fees for filing. Original owners of trade marks. Assignments. Injunctions. 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. NOTE.-Stats. 1863, p. 155. 3199. Any person who has first adopted, recorded, 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. NOTE.-Stats. 1863, p. 155. For the provisions punishing the counterfeiting of trade marks and concerning evidence on trials therefor, see Penal Code Cal., Secs. 350-354, inclusive. Selling articles bearing a trade mark warrants their character.-See Sec. 1772, 1773, Civil Code Cal., Vol. I, p. 548. Property in.-See id., Sec. 655, and note. See, also, what may be selected.— Id., Sec. 991, and note, pp. 275, 276, Vol. 1. CHAPTER VIII. WEIGHTS AND MEASURES. SECTION 3209. The standard of weights and measures. 3210. The unit of extension. 3211. Division of the yard. 3212. The rod, the mile, and the chain. 3213. The acre. 3214. The unit of weights. 3215. Division of the pound. 3216. Unit of liquid measures. 3218. Unit of solid measure. 3219. Division of the half bushel. 3220. Division of capacity for commodities sold by heap measure. SECTION 3221. Heap measure. 3222. Contracts construed accordingly. 3223. Weights of bushels of various products. standard and 3209. The standard weights and measures now in The charge of the Secretary of State being the same that of weights were furnished to this State by the Government of measures. the United States, and consisting of one standard yard measure; one set of standard weights, comprising one troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five, and fifty pounds, respectively; one set of standard troy ounce weights, divided decimally from ten ounces to the one ten thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic inches, one half gallon, one quart, one pint, and one half pint measure; and one standard half bushel, containing one thousand and seventy-five cubic inches and twenty-one hundredths of a cubic inch, according to the inch hereby adopted as the standard, are the standards of weights and measures throughout the State. NOTE.-Stats. 1861, p. 86, Secs. 1, 8, 12; N. Y. P. C., Sec. 676. The following are the statutes of Congress on the subject of weights and measures: CHAPTER CCCI.-An Act to authorize the use of the metric system of weights and measures. [Approved July 28, 1866.] Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passage of this Act it shall be lawful throughout the United States of America to employ the weights and measures of the metric system, and no contract or dealing, or pleading in any Court, shall be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. SEC. 2. And be it further enacted, That the tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in all legal proceed 75-VOL. I. |