Page:United States Statutes at Large Volume 34 Part 1.djvu/1037

 F1F1*Y-N1NT11 CONGRESS. Sm. 11. cs. 2086. 1907. 1007 pame, and also their place of business in the District of Columbia, and 1f so tiled shall cause the same to be published for not less than two :l1(C(2€:}V€l¥,• in a daily or weekly newspaper published in the IS ric o um 1a. "SEc. 878c. That whoever, except the erson who shall have Bled R°*““¤8· ¤¤l¤·¤'¤=- and published a description of the dame aspaforesaid, fills with milk or by mm prohibited` cream, or other beverage, as aforesaid, with intent to sell the same, any vessel so marked an distinguished as aforesaid, the description of which shall have been filed and published as provided in the precedin section, or defaces, erases, covers u, or otherwise removes or concealg any such name or mark as aforesaid; or the word ‘ registered,’ thereon, or sells, buys, gives, takes, or otherwise disposes of, or traiiics in the same without having purchased the contents thereof from the person whose name is in or upon such vessel, or without the written consent of such person, shall, for the first otfense, be punished by a fine of not P¤¤i¤1¤¤¤¤t- less than fifty cents for each such vessel, or by imprisonment for not less than ten days nor more than one year, or by both such Hue and imprisonment; and for each subsequent offense by a fine of not less than one nor more than five dollars for each such vessel, or by imprisonment for not less than twenty days nor more than one year, or by both such line and imprisonment. " Sec. 878d. That the use or ossession by any person not engaged d§,f,f,‘,§}’Q,n{}‘,$,$§,,‘f,§,l` in the production or sale of milli) or cream or other beverage as afore- ¤t•= ` said, except the person who shall so have filed and published·a description of the same as aforesaid, of any vessel marked or distinguished as aforesaid, the description of which shall have been tiled and published as aforesaid, without purchase of the contents thereof from or the written consent of, the person who shall so have filed and published the said description, shall be prima facie evidence of the unlawful use, possession of, or trailic in, such vessel, and the person so using or in possession of the same, except the person who shall so have ti ed and published the said description as aforesaid, shall be punished as in the next preceding section provided. "Sec. 878e. That upon com laint of any] person who has complied wf,,'§f_$gg‘gg°m‘{,’,L'f,§‘f with section eight hundred andPseventy-eig t b, or of his agent, to the police court of the District of Columbia, or one of the (judges thereof, that such person, or agent, has reason to believe, an does believe, that any person within the District of Columbia is guilty of the violation of any provision of this Act, the said court or judge may issue a search warrant to discover and obtain such vessels as aforesaid and their contents, and may also cause to be brought before the said court or judge the person so believed to be guilty, or his agent or em loyee, in whose possession or upon whose wagon or premises any such vessel or vessels mafv be found; and any such person, agent, or ‘ employee found guilty o a violation of any of the provisions of this Act shall be punished as aforesaid, and the said court or judge shall • also order the property taken upon any such search warrant to be delivered to its owner. " Sec. 878f. That the clerk of the supreme court of the District of K¤¤'¤*·**°¤¤· ew- Columbia is hereby authorized to make regulations and prescribe fonns for the filing of labels, trade-marks, or other distinctive marks under the provisions of the foregoing amendments to section eight hundred and seventy-eight. _ _ _ _ _ _ " Sec. 878g. That nothing m the foregoing amendments to section pr:v¢g:t¤;¤d_¤¤ ¤>¤ ¤°* l eight hundred and seventy-eight shall prevent or restrain any person who is the legal owner of a trade-mark or label from proceeding in an action of tort against any person found guilty of xciolating any subsection of section eight hundred and seventy-eight. ’ Approved, February 27, 1907.