Page:United States Statutes at Large Volume 19.djvu/168

 142 FORTY-FOURTH CONGRESS. Sess. I. Ch. 274. 1876. terfeit, or have in his, her, or their possession, or buy, sell, offer for sale, or deal in, any representation, likeness, similitude, copy, or color. . able imitation of any private label, brand, stamp, wrapper, engraving, mould, or trade mark, registered pursuant to the statutes of the United - States, shall, upon conviction thereof, be punished as prescribed in the first section of this act. p,,,,u,,g_ M__ in Sec. 6. That any person who shall, with intent to injure or defraud empty packages the owner of any trade-mark, or any other person lawfully entitled to b°*l,;`*'j¥§u*F*;°_ 0,,* use or protect the same, buy, sell, offer for sale, deal in or have in his S’ v` t ‘ m °" ’ possession any used or empty box, envelope, wrapper, case, bottle, er other package, to which is affixed, so that the same may be obliterated without substantial injury to such box or other thing aforesaid, any trade-mark, registered pursuant to the statutes of the United States, not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, shall, on conviction thereof, be punished as prescribed in the first section of this act. Search-warrants Sec. 7. That if the owner of any trade-mark, registered pursuant to For °°¤¤*{>*‘*°¤*> the statutes of the United States, or his agent, make oath, in writing, }:,Lj,fs° “é,;"Qv‘Lg,; that he has reason to believe, and does believe, that any counterfeit and 1,,, $,;,0,,, dies, plates, brands, engravings on wood, stone, metal, or other subgranted. stance, or moulds, of his said registered trade-mark, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, or makes such oaths that any countcrfeits or colorable imitations of his said trade-mark, label, brand, stamp, wrapper, engravin g on paper or other substance, or empty box, envelope, wrapper, case, bottle, or other package, to which is aihxed said registered trademark not so defaced, erased, obliterated, and destroyed as to prevent its fraudulent use, are in the possession of any person, with intent to use the same for the purpose of deception and fraud, then the several judges of the circuit and district courts of the United States and the Commissioners of the circuit courts may, within their respective jurisdictions, proceed under the law relating to search-warrants, and may issue a search-warrant authorizing and directing the marshal of the United States for the proper district to search for and seize all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, and said counterfeit trade-marks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper, or other substance, and said empty boxes, envelopes, wrappers, cases, bottles, _Wli<>ii counter- or other packages that can he found; and upon satisfactory proof YW l’1*’*{°**; °*f·» being made that said counterfeit dies, plates, brands, engravings on m‘°'y ’° °°”m°y°d' wood, stone, metal, or other substance, moulds, counterfeit trademarks, colorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, wrappers, eases, bottles, or other packages, are to be used by the holder or owner fer the purposes of deception and fraud, that any of said judges shall have full power to order all said counterfeit dies, plates, brands, engravings on wood, stone, metal, or other substance, moulds, counterfeit trade-marks, eolorable imitations thereof, labels, brands, stamps, wrappers, engravings on paper or other substance, empty boxes, envelopes, · wrappers, cases, bottles, or other packages, to be publicly destroyed. Amiugauu abct— Sec. 8. That any person who shall, with intent to defraud any perth}!-5 Vi¤l=>»¤i<>¤¤ of son or persons, knowingly and willfully aid or abet in the violation of any “h‘“ "°"· - of the provisions of this act, shall, upon `conviction thereof, be punished by a fine not exceeding Eve hundred dollars, .or imprisonment not more than one year, or both such fine and imprisonment. Approved, August 14, 1876. . `