CHAPTER 19.

HOUSE BILL No. 82.

A BILL to be entitled "An Act to amend Section 1, Chapter 131, of the Acts of 1883, being an Act entitled 'An Act to make it a felony for officers of insolvent banks to receive on deposit.'

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of Chapter 131, Acts of 1883, be amended by adding after the word "money" in fifth line, and before the word "in" in the same line, the words "notes, checks, drafts, or other valuable securities," so that said section shall read as follows:

Be it enacted by the General Assembly of the State of Tennessee, That it is hereby made a felony for any president, cashier, or other person having the control or management of any bank in this State to receive on deposit any money, notes, checks, drafts, or other valuable securities in the bank with which he is connected as such president or cashier of which he controls or manages, when he knows or has good reason to believe the bank insolvent, and the money or other securities is lost by the insolvency of the bank.

SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same is hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it.

Passed January 31, 1905.

CHAPTER 20.

HOUSE BILL No. 172.

AN ACT to change the line between Carroll and Benton Counties.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the counties of Benton and Carroll be changed, as follows:

Beginning on a large cedar tree on the county line runs east 48 feet to a plum tree; thence north 72 feet to a plum tree; thence west 48 feet to the county line; thence with said county line south 72 feet to the beginning, containing about one-eighth of an acre, so as to detach from Benton County and attach to Carroll County the land upon which is situated the residence and outbuildings of S. C. Walker.

SEC. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed February 1, 1905.

W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX,

Speaker of the Senate.

Approved February 3, 1905.

JAMES B. FRAZIER,

Governor.

Definition of trade mark.

CHAPTER 21.

HOUSE BILL No. 42.

AN ACT to regulate trade-marks and to provide remedies and penalties for the violation of this Act.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That within the meaning of this Act a trade-mark shall be construed to be any seal, label, term, design, device, or form of advertisement used for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, or other product of labor, as having been made, manufactured, produced, prepared, packed, or put on sale by any person, firm, corporation, association, or union of working men, or by any member or members of such association or union.

SEC. 2. Be it further enacted, That whenever any perUnlawful to son, firm, or corporation or any association or union of counterfeit. working men has heretofore adopted or used or shall hereafter adopt or use any trade-mark, it shall be unlawful to counterfeit or imitate the same; or to use, sell, or to offer for sale, or in any way utter or circulate any counterfeit or imitation of any such trade-mark provided such trademark has been filed and recorded in the office of the Secretary of State, as provided in Section 4 of this Act.

Penalty.

SEC. 3. Be it further enacted, That whoever knowingly counterfeits any such trade-marks, or knowing said trade-mark to be counterfeit, sells, offers for sale, or in any way utters or circulate any counterfeit or imitation of such trade-mark, or knowing such trade-mark to be counterfeit, keeps, or has in his possession, with the intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped, or impressed; or knowing said trade-mark so printed, painted, stamped, or impressed thereon, sells or disposes of such goods, wares, merchandise, or other product of labor contained in any box, case, can, or package, to which or on which any such counterfeit or imitation is attached, fixed, printed, painted, stamped or impressed, or

knowing such trade-mark to be counterfeit, keeps or has in his possession with the intent that the same shall be sold or disposed of, any goods, wares, merchandise, or other product of labor, in any box, case, can, or package to which or on which any such counterfeit or imitation is attached, affixed, printed, pained, stamped, or impressed, shall be punished by a fine of not more than one hundred ($100) dollars, or by imprisonment for not more than three months; provided that any person, firm, or corporation buying, selling, or disposing of any goods, wares, merchandise bearing said counterfeit trade-mark, not knowing the same to be counterfeit, shall not be deemed guilty under the privision of this Act.

of Secretary

SEC. 4. Be it further enacted, That every person, firm, Record in office corporation, or association, or union of working men that of State. has heretofore adopted or used, or shall hereafter adopt or use, any trade-mark mentioned and provided in Section 1 of this Act, may file the same for record in the office of the Secretary of State by leaving two copies, counterparts, or fac-similes thereof with said Secretary, and by filing therewith a sworn application, specifying the name or names of the person, firm, corporation, association, or union, on whose behalf such trade-mark shall be filed, the class of merchandise and a description of the goods to which it has been, or is intended to be appropriated, stating that the party so filing, or on whose behalf such trade-mark shall have been filed, has the right to use the same, that no other person, firm, corporation, association or union has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct. There shall be paid for such Fee for registerfiling and recording a fee of five dollars. Said Secretary shall deliver to such person, firm, corporation, association, or union so filing, or causing to be filed, any such trademark, so many duly attested certificates of the recording of the same as such person, firm, corporation, association, or union may apply for, each of which certificates said Secretary shall receive a fee of one dollar. Any such certificates of record shall in all suits and prosecutions under this Act be prima facie evidence of the adoption of such trade-mark. Said Secretary of State shall not record for any person, firm, or corporation, association, or union any trade-mark heretofore filed by or on behalf of any other person, firm, corporation, association, or union.

ing.

SEC. 5. Be it further enacted, That any person who Infringements, shall for himself, on behalf of any other person, firm, cordamages, etc. poration, association, or union, procure the filing of any

trade-mark in the office of the Secretary of State, under the provisions of this Act, by knowingly making any false, or fraudulent representation or declaration verbally or in writing, or by any means known to be fraudulent, shall be liable to pay any damages sustained in consequence of 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 exceeding three months.

SEC. 6. Be it further enacted, That every such person, firm, corporation, association, or union, adopting or using a trade-mark, may proceed by 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, the court having jurisdiction, such damages resulting from such fraudulent manufacture, use, display, or sale as may be by the court or jury deemed just and reasonable; and shall require the defendants to pay to such person, firm, corporation, association, or union all profits derived from such wrongful manufacture, use, display, or sale, and such court shall also order that all such counterfeit or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant, to be destroyed.

SEC. 7. Be it further enacted, That every person who shall use or display the genuine trade-mark for the purpose of fraud of any such person, firm, corporation, association, or union, in any manner not being authorized so to do by such person, firm, corporation, association, or union, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not less than three months, or by a fine of not more than one hundred dollars. In all cases where such association or union is not incorporated, suits under this Act may be commenced and prosecuted by an officer or member of such association or union, in behalf of and for the use of such association or union.

SEC. 8. Be it further enacted, That none of the provisions of this Act shall affect or apply to persons, firms, or corporations who shall in good faith buy or come into possession of goods with a counterfeit trade-mark thereon,