demand being made therefor at any time within sixty days after the sale.

Amended March 6, 1903; stats. 1903, p. 88.

Proceeds unclaimed, where to go.

§ 3154. If the owner or his agent fails to demand such surplus within sixty days of the time of such sale, then it must be paid into the county treasury, subject to the order of the owner. Enacted March 12, 1872.

Carrier's responsibility ceases, when.

§ 3155. After the storage of goods, merchandise, or property, as herein provided, the responsibility of the carrier ceases, nor is the person with whom the same is stored liable for any loss or damage on account thereof, unless the same results from his negligence or want of proper care.

Enacted March 12, 1872.

Property upon which advances are made may be sold.

§ 3156. When any commission merchant or warehouseman receives on consignment produce, merchandise, or other property, and makes advances thereon, either to the owner or for freight and charges, he may, if the same is not paid to him within sixty days from the date of such advances, cause the produce, merchandise, or property on which the advances were made, to be advertised and sold as provided herein.

Enacted March 12, 1872.

Fees of officers.

§ 3157. The fees of officers under this chapter are the same allowed for similar services in other cases provided in this code, to be paid by the taker up or finder, and recovered of the owner. Enacted March 12, 1872.

94 Cal. 178.

Warehouse receipts, etc. See Civil C. §§ 1858 to 1858f; see, also, "Warehousemen," statutes at large, Appendix.

CHAPTER VII.

MARKS AND BRANDS.

ARTICLE III.

Trade-marks.

(See, also, Civ. C. §§ 654, 655, 991, 1772, 1773; Pen. C. §§ 349a to 3544; "Trade-marks," statutes at large, Appendix.) SEC. 3196. "Trade-marks" defined.

3196a. Registration of farm name.

31966. Trade-mark on products.

3201.

Infringement of trade-mark used by trade union.

"Trade-marks" defined.

§ 3196. The phrase "trade-mark" as used in this chapter includes every description of word, letter, 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, and also any name or names, marks or devices, branded, stamped, engraved, etched, blown, or otherwise attached or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, used by any mechanic, manufacturer, druggist, merchant or tradesman, to hold, contain or inclose the goods so 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.

Amended March 3, 1903; stats. 1903, p. 80.

63 Cal. 446.

Registration of farm name.

§ 3196a. Any person may adopt a name for any farm or estate owned or leased by him, and register it in the manner provided for the registration of trade-marks. Such registration shall have the same effect as the registration of a trade-mark.

New section; added March 8, 1909; stats. 1909, p. 232; in effect in sixty days.

Trade-mark on products.

§ 31966. Any person selling or marketing the products grown on any particular farm or estate may use the name of such farm or estate as a trade-mark on such products, in the same manner as provided for other trade-marks in Section 3196 of this code, and subject to the same rights and duties as provided in this article.

New section; added March 8, 1909; stats. 1909, p. 233; in effect in sixty days.

Exclusive use of trade-mark, how secured.

§ 3197. Any person or persons, desiring to secure within this state the exclusive use of any trade-mark or name for any article of manufacture or for any business, shall, within thirty days after commencing to use such trade-mark or name, or at any time thereafter and before the filing of the said trademark or name by any other person, firm or corporation, file 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. Amended March 6, 1909; stats. 1909, p. 150; in effect in sixty days.

66 Cal. 78; 102 Cal. 44; 6 Cal. App. 534.

Record of trade-marks.

§ 3198. The secretary of state must keep for public examination a record of all trade-marks or names filed in his office, with the date when filed and name of claimant; and must at the time of filing issue to the claimant a certificate of such filing under the great seal of the state, and collect from such claimant, a fee of five dollars, as provided for in section four hundred and sixteen of this code. Provided, however, the secretary of state shall refuse to file any trade-mark or name identical with, or so similar to any trade-mark or name already filed as to be calculated or liable to deceive.

Amended March 6, 1909; stats. 1909, p. 150; in effect in sixty days.

NOTE.-3198.

Amended to conform to the fee bill in section 416 of the Political Code, which had, both with reference to the fee to be collected and with reference to the disposition of the fees collected, superseded said section 3198.

Assignments-Injunctions.

§ 3199. Any person who has first adopted a trade-mark or name by filing same in the office of the secretary of state and has used said 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. Amended March 6, 1909; stats. 1909, p. 150; in effect in sixty days.

66 Cal. 78; 102 Cal. 44.

Use of by labor union.

§ 3200. Any trade union, labor association, or labor organization, organized and existing in this state, whether incorporated or not, may adopt and use a trade-mark and affix the same to any goods made, produced or manufactured by the members of such trade union, labor association, or labor organization, or to the box, cask, case, or package containing such goods, and may record such trade-mark by filing or causing to be filed with the secretary of state its claim to the same, and a copy or description of such trade-mark, with the affidavit of the president of such trade union, labor association, or labor organization, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that the trade union, labor association, or labor organization of which he is the president is the exclusive owner, or agent of the owner, of such trade-mark; and all the provisions of article three, chapter seven, title seven, part three, of the Political Code, are hereby made applicable to such trade-mark.

Enacted March 17, 1887; stats. 1887, p. 167.

Infringement of trade-mark used by trade union.

§ 3201. The president or other presiding officer of any trade union, labor association, or labor organization, organized and existing in this state, which shall have complied with the provisions of the preceding section, is hereby authorized and empowered to commence and prosecute in his own name any action or proceedings he may deem necessary for the protection of any trade-mark adopted or in use under the provisions of the preceding section, or for the protection or enforcement of any

rights or powers which may accrue to such trade union, labor association, or labor organization by the use or adoption of said trade-mark.

Enacted March 17, 1887; stats. 1887, p. 168.

CHAPTER X.

HOURS OF LABOR.

(See, also, "Hours of Labor," statutes at large, Appendix.)

SEC. 3246. Twelve hours on street cars.

3250. Hours of labor on street cars. Penalty for violation.

Twelve hours on street cars.

§ 3246. Twelve hours' labor constitutes a day's work on the part of drivers and conductors, and gripmen of street cars for the carriage of passengers. Any contract for a greater number of hours' labor in one day shall be and is void, at the option of the employee, without regard to the terms of employment, whether the same be by the hour, day, week, month, or any other period of time, or by or according to the trip or trips that the car may, might, or can make between the termini of the route, or any less distance thereof. Any and every person laboring over twelve hours in one day as driver, or conductor, or gripman, on any street railroad, shall receive from his employer thirty cents for each hour's labor over twelve hours in each day. Enacted March 11, 1887; stats. 1887, p. 102.

Hours of labor on street cars-Penalty for violation.

§ 3250. No person shall be employed as conductor, or driver, or gripman on any street railroad, for more than twelve hours in one day, except as in this act provided; and any corporation, or company, or owner, or agent, or superintendent, who knowingly employs any person in such capacity for more than twelve hours in one day, in violation of the terms of this act, shall forfeit the sum of fifty dollars as a penalty for such offense, to the use of the person prosecuting any action therefor, and any number of forfeits may be prosecuted in one action.

Enacted March 11, 1887; stats. 1887, p. 102.