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or causing to be filed any such label, trade mark, term, design, device or form of advertisement, so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trade mark, term, design, device or form of advertisement. Said secretary of the territory shall not record for any person, union or association any label, trade mark, term, design, device or form of advertisement that would probably be mistaken for any label, trade mark, term, design, device or form of advertisement.
ized use of,
SECTION 4. Any person who shall for himself, or penalty for on behalf of any other person, association or union, fling label. procure the filing of any label, trademark, term, design or form of advertisement in the office of the secretary of the territory under the provisions of this act, by making any false or fraudulent representa tions or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by, or on behalf of the party injured thereby, in any court having jurisdiction, and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not to exceed three months. SECTION 5. Every such person, association or union Unauthoradopting or using a label, trade mark, term, device or may be form of advertisement as aforesaid, may proceed by and award suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and may award the complainant in any such suit, damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such persons, associations or union, all profits derived from such wrongful manufacture, use display or sale, and such court shall also order that all counterfeits or imitations in the possession or under the control of
Penalty for using
any defendant in such cause be delivered to an officer of the court, or to the complainant, to be destroyed. SECTION 6. Every person who shall use or display genuine label the genuine label, trademark, term, design, device or Improperly. form of advertisement of any such person, association or union, in any manner not being authorized so to do by such person, union or association, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars. In all cases where such associations or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of, and for the use of, such association or union.
SECTION 7. Any person or persons who shall in any labeled with Way use the name or seal of any such person, associout authority. ation or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than three months, or by a fine of not more than one hundred dollars.
SECTION 8. This act shall take effect and be in force from and after its passage and approval.
Approved March 11, 1897.
COUNCIL JOINT RESOLUTION NO. 2.
Be it resolved by the Legislative Assembly of the Territory of Oklahoma:
That the secretary of the territory is hereby authorized and directed to cause to be published in a newspaper of general circulation in the Territory of Oklahoma, as soon after their approval as possible, such laws as take immediate effect and are of general interest to the people of the territory: Provided, That the secretary is further empowered to approve the accounts of the publisher of such laws at the same rate now paid for printing legal notices, and upon presentation of approved accounts to the auditor of the territory the said auditor shall draw his warrant on the territorial . treasurer for the amount thereof against any funds not otherwise appropriated: that the bills to be published under the provisions of this resolution shall be designated by a joint committee of both houses of the Fourth Legislative Assembly of Oklahoma Territory, consisting of two members of the council and two members of the house of representatives: Provided further, That the total amount to be paid by the territorial treasurer under this resolution shall not exceed four hundred dollars; and the amount of four hundred dollars or so much thereof as is necessary, is hereby appropriated for said purpose, to be paid out of any funds not otherwise appropriated.
Approved March 12, 1897.
HOUSE JOINT RESOLUTION NO. 4.
To provide for printing governor's message and exhibits thereto.
Be it resolved by the House and Council of the Fourth Legislature of Oklahoma:
That there be printed in pamphlet form 500 copies of the governor's message, together with all exhibits thereto.
That copies of the same be furnished members of the legislature and territorial officers and the remainder be turned over to the governor for such distribution as he may deem best.
Approved February 4, 1897.
Sections 5, 7, 19 and 31, article 9, chapter 22, statutes of 1893.
Section 1, article 27, chapter 25, statutes of Oklahoma .
Section 5, chapter 33, statutes of 1893..
Sections 2 and 3, article 3, chapter 43, session laws 1895.
Section 15, article 1, chapter 80, statutes of Oklahoma,