1897, June 7, ch. 4, 30 Stat. 100, 101, 102 1897, July 24, ch. 11, $ 6, 30 Stat. 205 (U. 211, 428 S. Comp. St. 1901, p. 1693). 918 243 Amended by Act 1901, March 2, ch. 806, 894 254 1898, June 13, ch. 448, § 29, 30 Stat. 464 226 242 Amended by Act 1901, March 2, ch. 806, 190. 30 Stat. 151 [U. S. Comp. St. 1901, p. 2307). Repealed by Act 1902, April 332 12, ch. 500, $ 8, 32 Stat. 97 [U. S. Comp. 866 218 193, 30 Stat. 167 [U. S. Comp. St. 1901, Comp. St. 1901, p. 3418). Amended by 917 Act 1903, Feb. 3, ch. 487, 32 Stat. 797 77 258, 30 Stat. 171 [U. S. Comp. St. 1901, S. Comp. St. 1901, p. 3420].....504, 736, 886 918 | 1898, July 1, ch. 541, § 3, subd. e. 30 Stat. 547 (U. 850 379, 30 Stat. 185 (U. S. Comp. St. 1901, 30 Stat. 560 (U. S. Comp. St. 1901, p. 916 495 504 349 1898, July 1, ch. 541, $ 11, cl. 2. 30 Stat. 401, 30 Stat. 189 [U. S. Comp. St. 1901, 1898, July 1, ch. 541, $ 12b, 30 Stat. 549 223 414, 30 Stat. 190 (U. S. Comp. St. 1901, S. Comp. St. 1901, p. 3427). . 252, 861 254 1898, July 1, ch. 541. & 14, subd. b, 30 Stat. 42.), 30 Stat. 191 [U. S. Comp. St. 1901, Amended by Act 1903, Feb. 5, ch. 487, S 914 4, 32 Stat. 797 (U. S. Comp. St. Supp. .236, 591 917 550, 551 [U. S. Comp. St. 1901, p. 34291. .214, 242 904 436, 30 Stat. 192 [U. S. Comp. St. 1901, Stat. 5.52 (U. S. Comp. St. 1901, p. 3431). 349 Amended by Act 1903. Feb. 5, ch. 487, 8 1903, p. 413) 736 243 1898, July 1, ch. 541, $ 24, 30 Stat. 553 (U. 717 243 TU. S. Comp. St. 1901, p. 3131]. . 43, 62 893 211 | 1898, July 1, ch. 541, § 25a, 30 Stat. 553 626, 30 Stat. 199 (U. S. Comp. St. 1901, 1898, July 1, ch. 541, § 29b, 30 Stat. 554 861 664. 30 Stat. 20 (U. S. Comp. St. 1901, 555 (U. S. Comp. St. 1901, p. 3436].. 251 912 1898, July 1, ch. 541, § 44, 30 Stat. 557 223 332 (U. S. Comp. St. 1901, p. 3443]... 218 1898, July 1, ch. 541, $ 60b, 30 Stat. 562 8 5480. Amended by Act 1889, ch. 393, § (U. S. Comp. St. 1901, p. 3445). . 415 1, 25 Stat. 873 (U. S. Comp. St. 1901, 1 62 COMPILED STATUTES 1901. 77 Page 186 419 419 Page 508 .189, 202 .650, 837 Page 514 286 518 Pages 552, 568. 220 518 Page 581 39 707 484 220 891 846 419 846 646, 846 247 595 336 Page 1517 232 243 254 Page 1636 242 .255, 332, 917 428 918 919 916 349 254 914 .214, 242, 349, 917 243 211 250 912 332 .211, 428, 918 912 245 172 419 597 894 226, 866 846 Page 2523 .78, 189, 508 854 429 854 826 .122, 311 861 79 103 841 .218, 443 77 886 504, 736 743, 850 504 322 286 Page 3427 .223, 236, 252, 591 904 .43, 62, 717, 736, 893 cooe00000000 Page 3432 .220, 711 MISSISSIPPI. 861 251 CONSTITUTION 1890. 67 .218, 495 415 CODE 1892. 67 77, 736, 743 .223, 504 MISSOURI. 901 286 REVISED STATUTES 1899. 202 257 153 392 1 NEW HAMPSHIRE. PUBLIC STATUTES 1901. 984 866 311 NEW YORK. 443 LAWS. 736 1882, p. 511, ch. 410, $8 2101, 2105, 2107.. 573 167 OHIO. 566 CONSTITUTION. 296 2006 566 566 REVISED STATUTES. 52 LAWS. 296 247 PENNSYLVANIA. LAWS. 873 208 208 730 206 336 350 499 TEXAS. CONSTITUTION. 476 REVISED STATUTES 1893. 875 MICHIGAN. VIRGINIA. CODE 1887. CODE 1904. CONSTITUTION. 725 725 613 697 697 WISCONSIN. LAWS. 725 $ 1114 19 STAY. Licenses to trade with Indians, see "Indians." Validity of ex post facto laws relating to see "Constitutional Law," § 2. A railroad company, succeeding to the rights also succeeded, under Code Pub. Gen. Laws Md. 1888, art. 23, 88 187, 188, to an exemption from taxation granted to the original company for a term of years.-Wicomico County Com'rs § 2. Levy and assessment. A holder of mortgage bonds of a railroad com- pany has such an interest in its property as legal taxation where a proper showing is made of the refusal of the mortgage trustee to prose- cute such suit.— Wicomico County Com'rs v. Bancroft (O. C. A.) 977. 9 STOCK EXCHANGES. TESTAMENT. THEFT. See “Larceny." TICKETS. For carriage of passengers by vessel, see “Ship- ping," $ 5. TIME. For application for discharge in bankruptcy, see "Baukruptcy," 8 10. TITLE. To patents, see “Patents," $ & TORTS. Causing death, see "Death," $ 1. By particular classes of parties. United States oflicers, see “United States," 8 1. Particular torta. See "Fraud"; "Libel and Slander"; "Negli- gence." Maritime torts, see "Collision." TOWAGE. Collisions with tugs and vessels in tow, see "Collision," § 4. Where the striking of a barge in tow against the cribbing of a city bridge was due to the fault of the tug, she cannot shift the liability upon the city on the ground that, if the cribbing had been in perfect condition, the collision ice (C. C. A.) 516. 99 The sinking of a barge in tow in the Schuylkill to be enjoined, on the ground of unfair compe river by striking against the cribbing of a tition.— Devlin v. Peek (C. O.) 167. bridge while passing through the draw held due solely to the fault of the tuş for towing tion of the name "John Coates Thread Com The adoption and use by defendant corporawith too long hawsers. - The Maurice (C. O. A.) pany," under which it made and sold thread, 516. held to constitute unfair competition with comA tug held liable for loss of a tow on the plainant, which, with its predecessors, had sold ground of negligence in starting out, view thread in the United States since 1840 under of the condition of the weather, with such ves- the name of "Coats" thread, by which it had sels as composed its tow.—The Ganoga (C. C. become known and was usually called for.A.) 747. J. & P. Coats v. John Coates Thread Co. (C. O.) 177. TOWNS. While a person has the right to use his own See “Municipal Corporations." name to designate articles which he manufac tures and deals in, a corporation has not the right to use the name of one of its incorpoTRADE-MARKS AND TRADE-NAMES. rators, where it is the name by which an article made and sold by an older dealer is See “Names.” usually called for and described, so as to cause deception of purchasers and injury to the older § 1. Marks and names subjects of own- manufacturer.-J. & P. Coats v. John Coates ership. Thread Co. (C. C.) 177. Series of numbers used by a manufacturer of labels in its catalogues and on its boxes to des Complainant, owner of a mail order business ignate its different styles of labels, each being in New York, held entitled to an injunction re given a different number, do not constitute straining defendant from using a similar name crade-marks; nor is their use by another in the and designation in connection with a competing same way and for the same purpose, in con- business later established in Chicago.–Ball v. nection with its own name, unfair competition, Best (C. C.) 434. where there is no imitation of dress. -Dennison Complainants held to have a right of tradeMfg. .Co. v. Scharf Tag, Label & Box Co. (C. mark in the word "Hunter," as the name of a C. A.) 625. whisky, and to be entitled to an injunction The words “Toothache Gum” held to indi. against its infringement. - Lanahan v. John cate quality of the article, rather than its Kissel & Son (C. Č.) 899. origin or ownership, and not subject to appro- The infringement of a trade-mark implies inpriation as a technical trade-mark.-Devlin v. jury, and where it is of such character as is McLeod (O. C.) 164. calculated to deceive purchasers, the owner is & 2. Infringement and unfair competi- sulted before he can maintain a suit for relief not bound to wait until injury has actually re tion. Similarity in the shape of a confection and in by injunction.-Lanahan v. John Kissell & Son the descriptive name under which it was sold (o. C.) 899. held not to constitute unfair competition, where the boxes in which it was retailed were dis TRADING STAMPS. tinctive.—Heide v. Wallace & Co. (C. C. A.) 346. The fact that defendant's use of a label Restraining collection and reissuance of, see similar to complainant's, constituting unfair “Injunction," 8 1. competition, had been inconsiderable at the time suit was brought, did not preclude an injunction, though an accounting was not war TREATIES. ranted.—Devlin v. McLeod (C. C.) 164. An hereditary franchise, granted by the SpanIn a suit to restrain defendant from alleged ish crown and appurtenant to the office of Alunfair competition in the sale of "Toothache guacil Mayor of Havana, giving the exclusive Gum" in packages similar to complainant's right of slaughtering cattle in the city of packages, evidence held to show such a simi- Havana, held to constitute private property, larity as to entitle complainant to an injunc- within the protection of the treaty with Spain tion.—Devlin v. McLeod (C. O.) 164. of 1899, under which the United States assumed In a suit to restrain defendant from unfair the temporary occupation of Cuba, of which competition, complainant held not barred from the owner could not lawfully be deprived withrelief by laches.-Devlin v. McLeod (C. C.) out compensation by the military governor.161. O'Reilly De Camara v. Brooke (D. C.) 384 Where, in a suit for unfair competitio it was apparent that confusion was likely to TRESPASS. arise by defendant's imitation of plaintiff's package, an intent to defraud would be pre- By United States officers, see “United States," sumed.-Devlin v. McLeod (C. C.) 164. $ 1. The use of a descriptive name of an article Restraining by injunction, see “Injunction," $$ in connection with similar type and label held | 1, 2. |