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feit, false, and
adopted or shall hereafter adopt for their protection, or for the purposes of designating or advertising the manufactured goods or product of any member or members thereof, any label, trade-mark or form of advertisement to be attached to such goods or product, or to any box, boxes, case, cases, package or packages, containing or made to contain any such goods or product, it shall be unlawful for any person, firm or corporation, to make or procure to be made any counterfeit or imitation of such label, trade-mark or form of advertisement, or any false and fraudulent label, trade-mark or form of advertisement which is intended or liable to deceive the public into the belief that it is the genuine label, trademark or form of advertisement of such association or union, or any false or fraudulent label, trade-mark, or form of advertisement purporting on its face to have been issued by,
or by authority of any such association or union. Use of counter- SEC. 2. No person, firm or corporation, shall use any of fraudulent labels the counterfeit, false or fraudulent labels mentioned in secprohibited, etc. tion one of this act, nor display the genuine label, trade
mark, or form of advertisement of any such association or union in any manner not authorized by such association or union; nor sell, offer, or expose for sale any manufactured article or articles on which, or on the box, case or package in which such manufactured article or articles are packed or inclosed, shall be attached any of the counterfeit, false or fraudulent labels, trade-marks or forms of advertisement mentioned in section one of this act; nor in any way use the name or seal of any such association or union, or of its officers any of them, in and about the sale of goods, or otherwise, without authority or license from such association, union, officer or officers; nor use for boxing, encasing, or packing any goods, product or manufacture not produced by such association or union, or any member or members thereof, any box, case or package to which the genuine label, trade-mark or form of advertisement of any
such association or union, has previously been lawfully In case of sults, attached. In suits or proceedings for damage, or for equitable
relief by or on behalf of any such association or union, on account of the violation of any provision of this act, it shall not be necessary to prove that such violation was knowingly or willfully committed.
Sec. 3. Any person, whether a member of a firm or corporation, or otherwise, who shall violate any of the provisions of section one of this act, or who shall knowingly or willfully violate
any provisions of section two of this act, shall be deemed to have committed a misdemeanor Penalty. thereby, and on conviction thereof shall be punished by a
fine of not less than ten nor more than one hundred dollars,
at law or proceedings in equity
Violation of, a misdemeanor.
brought on behalf of any such association or union which is How suits to be not incorporated, the same may be brought in the name of any member of such association or union, who has been duly authorized so to do by such association or union, but for the use and benefit of all of the members of such association or union: Provided, That before commencing such action or Provtso. proceeding the member so authorized shall file with the justice or clerk of such court, a certificate of the president and secretary of such association or union, showing that such authority has been granted. Any criminal proceeding brought for a In case of crim. violation of any provision of this act, may be prosecuted by
inal proceedings. the authorized attorney of such association or union, in the court where originally commenced, but in such case the fees and compensation of such attorney, shall be borne and paid exclusively by such association or union: Provided, That Proviso. nothing herein shall be deemed to prevent the prosecuting attorney from conducting any such prosecution, or the said authorized attorney of such association or union from deputizing a duly qualified attorney at law to appear in his stead.
Sec. 5. Every such association or union shall cause to be Duplicate copies filed in the office of the Secretary of State, duplicate copies Secretary of of such label, mark, name, brand or device, who shall under State. his hand and seal, deliver to the party filing or registering the same a certified copy and a certificate of the filing thereof, for which he shall receive a fee of one dollar. The application for the certificate shall be accompanied by an affidavit from the president or secretary of any sub-association or union, of such association or union, or of a general association or union, showing that the same is the genuine label, trade-mark or form of advertisement of such association or union.
SEC. 6. In no case shall the certificate from the Secretary Certificate not of State, obtained in conformity with the fifth section of this act, be assignable by the party to whom the same is issued.
SEC. 7. All acts and parts of acts inconsistent with the Repealing provisions of this act are hereby repealed.
Approved April 24, 1891.
[ No. 42.]
AN ACT to repeal section sixteen, and to amend sections
five, seven, seventeen, twenty-one and twenty-three, of act number ninety-five, of the public acts of the year eighteen hundred eighty-seven, approved May 6, 1887, entitled “An act in relation to jurors in courts of record in the county of Wayne, and to revise the laws relative thereto.”
SECTION 1. The People of the State of Michigan enact, Sections That section sixteen of act number ninety-five of the laws repealed.
persons named in list.
of eighteen hundred eighty-seven, entitled “An act in relation to jurors in courts of record in the county of Wayne, and to revise the laws relative thereto," be and the same is hereby repealed, and that sections five, seven, seventeen, twenty-one and twenty-three, be and the same are hereby
amended so as to read as follows: Qualifications of
Sec. 5. The persons whose names shall be returned by said board of jury commissioners shall be suitable to serve as jurors. They shall have the qualifications of electors in the town or ward in which they reside, and for which they are returned by said board; they shall be persons of good character, of approved integrity, of sound judgment and well informed, conversant with the English language, in possession of their natural faculties, not infirm or decrepit and otherwise free from all legal exceptions. No person shall be returned or shall be qualified to be or become one of a panel of jurors in any court of record in Wayne county, who, within three years prior thereto, has been or acted as a member of a panel of jurors, whether summoned on the original panel or added thereto as talesman in a court of record; and it shall be the duty of each of said courts, on the return day of the venire to inquire of the jurors sum. moned, if any of them have served as jurors during the preceding three years, and to excuse from service any jurors who have so served.
SEC. 7. The clerk of the court, on receiving said list shall receiving list of file it in his office, shall forthwith write the names of the
persons thus selected on separate strips of paper of the same size and appearance, as nearly as may be, shall fold up each of said strips of paper in the same manner so as to conceal the name thereon, and deposit and preserve the same in a box, to be called and labeled “jury box," and the persons whose names are thus returned and deposited in said jury box, shall be liable to serve as jurors for one year, and until another list shall be selected, returned, and filed with said clerk, and the names thereon deposited in said jury box in the manner aforesaid. Immediately upon the depositing of the names so returned, in the jury box, the clerk shall seal up such list of jurors and said list shall remain sealed unless otherwise ordered by the presiding judge of the court for which such list is filed.
SEC. 17. Whenever for cause petit jurors shall not have been drawn or summoned to attend any term of said court, or a sufficient number of qualified jurors shall fail to appear, said court may, in its discretion, order a sufficient number of petit jurors to be forthwith drawn from said jury box, and summoned to attend such court.
SEC. 21. Any person who shall request said commissioner misdemeanor. or any of them, to be selected and returned as a juror, or
who shall request that any other person be so selected and returned, and any commissioner who shall cause any person to be selected and returned, who shall have made any
Duty of clerk on
Certain acte a
request, or in whose behalf any such request shall have been made, or shall make known to any person any name selected and returned on any jury list before the same may have been drawn from the jury box, shall be deemed guilty of a mis- Penalty for. demeanor, and on conviction thereof, shall be punished by imprisonment in the county jail not more than one month, or by a fine not exceeding one hundred dollars, or by both such fine and imprisonment.
SEC. 23. Said board of jury commissioners shall, when List of grand ordered by the circuit court for the county of Wayne, make jurors. a list of suitable persons having the qualifications of petit jurors to serve as grand jurors. Such list shall contain one hundred and fifty names, and shall be made up from the county at large, without reference to any division into wards or townships; and when a grand jury shall be ordered to be drawn, the clerk shall give the same notices and take the same proceedings as is provided in the case of drawing petit jurors for drawing the names of twenty-three persons from said list of grand jurors, to serve as grand jurors, and the same shall be summoned and served in like manner and with like pay as petit jurors. If any of the persons whose names shall be drawn as grand jurors shall not appear, or shall be exempted or excused, the court may order a sufficient number to be drawn and summoned to complete the panel.
This act is ordered to take immediate effect.
[ No. 43. ]
AN ACT to amend section six of an act entitled "An act to
provide for a State Board of Equalization,” approved April seventh, eighteen hundred and fifty-one, as amended by act number eighty-five, public acts of eighteen hundred and seventy-one, approved April eighth, eighteen hundred and seventy-one, being section three hundred and twentyfour of Howell's Annotated Statutes.
SECTION 1. The People of the State of Michigan enact, Section That section six of an act entitled "An act to provide for a State Board of Equalization,” approved April seventh, eighteen hundred and fifty-one, as amended by act number eighty-five, public acts of eighteen hundred and seventy-one, approved April eighth, eighteen hundred and seventy-one, being section three hundred and twenty-four of Howell's Annotated Statutes, be and the same is hereby amended so as to read as follows:
SEC. 6. A meeting of the board of supervisors for the Meeting to year eighteen hundred and ninety-one, shall be held on the ment rolls. fourth Monday of June, and on the fourth Monday of June every fifth year thereafter; and when convened, the board shall proceed to equalize the assessment rolls in the same
manner as is provided in chapter twenty of the revised
This act is ordered to take immediate effect.
[ No. 44. ]
AN ACT to amend section eleven of act number one hun
dred and fifty-two of the session laws of one thousand eight hundred and eighty-five, entitled “ An act to authorize the establishment of a home for disabled soldiers, sailors and marines in the State of Michigan,” approved June 5, 1885, bọing compiler's section number one thousand nine hundred and eighty-four k, of Howell's Annotated Statutes of Michigan. SECTION 1. The People of the State of Michigan enact, That section eleven of act number one hundred and fifty-two of the session laws of one thousand eight hundred and eighty-five, entitled "An act to authorize the establishment of a home for disabled soldiers, sailors and marines in the State of Michigan," approved June fifth, eighteen hundred eighty-five, being compiler's section number one thousand nine hundred and eighty-four k, of Howell's Annotated Statutes of Michigan, be and the same is hereby amended so as to read as follows:
SEC. 11. All honorably discharged soldiers, sailors and admitted to Sol- marines, who have served in the army or navy of the United
States in the late war of the rebellion, or in the Mexican
This act is ordered to take immediate effect.
Mexican war soldiers to be