Page:Revised Codes of the State of North Dakota 1895.pdf/1318

§§ 7255-7260 apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.

§ 7255. Fictitious partnership name. Every person transacting business in the name of a person as a partner who is not interested in his firm, or transacting business under a firm name in which the designation "and company," or "& Co." is used without representing an actual partner, except in the cases in which the continued use of a copartnership name is authorized by law, is guilty of a misdemeanor.

§ 7256. Counterfeiting trade-mark. Every person who willfully forges, counterfeits or procures to be forged or counterfeited any trade mark usually affixed by any person to any goods of such person, with intent to pass off any goods to which such forged or counterfeit trade-mark is affixed or intended to be affixed, as the goods of such person, is guilty of a misdemeanor.

§ 7257. Keeping dies of trade-mark. Every person who, with intent to defraud, has in his possession any die, plate or brand, or any imitation of the trade mark of any person, for the purpose of making any counterfeit or imitation of any description whatever of such trade-mark, or of selling the same when made, or affixing the same to any goods, and selling or offering the same for sale or disposal as the original goods of any other person, and every person who so uses or sells the same, or who fraudulently uses the genuine trade-mark of another with intent to sell or offer for sale or disposal, any goods not the goods of the person to whom such trade-mark properly belongs, as genuine and original, is guilty of a misdemeanor.

§ 7268. Appropriating brands to deceive. Every person who, either:

1. Uses or causes to be used any brand, mark, name, print, designation or description, the same as or similar to any recorded to any other person, or on the place recorded to another: or,

2. Uses or causes to be used any second hand sack, box, barrel. can, package or other article on which has been placed any brand, mark, name, print, designation or description, the property of another, for purposes of deception or profit, is guilty of a misdemeanor, and upon conviction thereof is punishable by fine of not less than one hundred and not exceeding one thousand dollars.

§ 7259. Selling goods bearing counterfeit. Every person who sells or keeps for sale any goods upon which any counterfeit trade-mark has been affixed, and intended to represent such goods as the genuine goods of another, knowing the same to be counterfeited is guilty of a misdemeanor.

§ 7260. Colorable imitations. Every person who, with intent to defraud, affixes or causes to be affixed to any goods or to any bottle, case, box or other package containing any goods, any description of labıl, stamp, brand. imprint, printed wrapper, label or mark, which designates such goods by any word or token which is wholly or in part the same to the eye or to the ear, as the word or any of the words or tokens used by any other person as his trade-mark, and every person who knowingly sells or keeps or offers for sale, any such bottle case. box or other package: with any such label, stamp. 1284