Overloading passenger vessel. Mismanagement of steamboats Misman agement of ers. by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. 2 Rev. Stat., 666, § 38. S 406. Every person navigating any vessel for gain, who willfully or negligently receives so many passengers or such a quantity of other lading on board such vessel, that by means thereof such vessel sinks or is overset or injured, and thereby the life of any human being is endangered, is guilty of a misdemeanor. See 2 Rev Stat., 694, § 24. S 407. Every captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a misdemeanor. Embodies the provision of 2 Rev. Stat., 694, § 25; modified in expression to correspond with the analogous provision of § 255 of this Code. S 408. Every engineer or other person having steam boll- charge of any steam boiler, steam engine, or other 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. Fictitious copartner Compare section 256 of this Code. $409. Every person transacting any business in the ship names. 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. Laws of 1833, ch. 281. Compare, also, Laws of 1849, ch. 347; Laws of 1854, ch. 400; Laws of 1863, ch. 144; which regulate the continued use of copartnership names. Counter trade marks S410. Every person who willfully forges, counter- feiting feits 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. Founded upon Laws of 1862, ch. 306, § 1, the phraseology being rendered more concise, and the punishment being reduced from an imprisonment not less than six months and not more than twelve or a fine not exceeding five thousand dollars to that of a misdemeanor. The subject of counterfeiting trade marks, including the kindred topic of refilling and selling stamped mineral water bottles, has very recently received the careful attention of the Legislature. In 1845 an act was passed (Laws of 1845, ch. 279,) punishing the forgery of stamps or labels. In 1850, the provisions of this act were somewhat enlarged. In 1862, both these acts were repealed; and a more comprehensive and stringent statute was passed (Laws of 1862, ch. 306), which, with an amendment enacted in 1863 (Laws of 1863, ch. 209), giving the party aggrieved a civil remedy, in addition to the fine and imprisonment prescribed by the act of 1862, embodies the law existing at the present time, upon the general subject of counterfeiting trade marks. The kindred offense of selling mineral waters, water-bottles, and others bearing the stamp of a particular manufacturer was made punishable by Laws of 1847, ch. 207; which was amended by Laws of 1860, ch. 117. In the sections in the text upon these subjects the Commissioners have embodied the provisions of these statutes, omitting some provisions not within the scope of the Penal Code, and retrenching the phraseology and modifying the measure of punishment to correspond with the forms of expression used and penalties prescribed throughout the Code. They have also adopted some of the provisions of a very stringent English statute on this subject, passed in 1862; the 25th & 26th Vict., ch. 88. Keeping dies, &c., to counter feit trade marks. S411. Every person who, with intent to defraud, with intent 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 of 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. Selling goods counterfeit trade Founded on Laws of 1862, ch. 306, § 2. S412. Every person who sells or keeps for sale any which bear goods upon or to which any counterfeited trade mark has been affixed, intended to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor. marks. Colorable imitations of trade marks. Founded upon Laws of 1862, ch. 306, § 3; as amended Laws of 1863, ch. 209, § 1. S413. Every person who, with intent to defraud, affixes or causes to be affixed to any goods, any description of label, stamp, brand, imprint, printed wrapper, label or mark, which desiguates such goods by any word or token which is wholly or so far the same as to deceive or be calculated to deceive the eye or 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 goods, or any box, bale, barrel, bottle, case, cask, wrapper, or other package, with any such label, stamp, brand, imprint, printed wrapper, ticket or mark, affixed to it, in case the person affixing such mark, or selling, or keeping, or offering for sale such goods, or box, bale, barrel, bottle, case, cask, wrapper, or other package, was not the first to employ such words as his trade mark, is guilty of a misdemeanor; and in addition to the punish- Laws of 1862, ch. 306, § 4; as amended Laws of mark" S414. The word "trade mark," as used in the "Trade sections preceding, includes every description of defined. word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him; other than any name, word or expression generally denoting any goods to be of some particular class or description. See Stat., 25 and 26 Vict., ch. 88, § 1. defined. S415. The word "goods," as used in the sections "Goods" preceding, includes every kind of goods, wares, merchandise, compound or preparation, which may be lawfully kept or offered for sale. defined. S416. The offense of affixing a false trade mark "Afixing" to goods is equally complete within the meaning of sections 410, 412, and 413, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package or vessel, or any cover or stopper thereof, in which such goods are put up. See Stat., 25 and 26 Vict., ch. 88. or selling mineral water bot tles, &c. S417. Whenever any person engaged in manufac- Refilling turing, bottling, or selling in bottles, soda, mineral stamped waters, porter, ale, cider or small beer, has filed and published, in the manner authorized by law, a description of a name, mark, or label, usually stamped by him in the bottles containing such beverage, every other person who, without the written consent of such manufacturer or dealer, refills with any Keeping such bottles to refill or sell them. beverage, whether genuine or otherwise, with intent to sell the same, any bottles stamped with such name, mark, or label; and every person who sells, disposes of, purchases or traffics in such bottles, is liable to a penalty of fifty cents for each and every bottle so filled, sold, bought, disposed of, or trafficked in, for the first offense, and five dollars for each and every bottle so filled, sold, bought, disposed of, or trafficked in, for every subsequent offense. Laws of 1860, ch. 117, § 1; modified to correct the defect pointed out in Mullins v. People (24 N. Y., 398; S. C., 23 How. Pr., 289); that the keeping of bottles secreted upon the premises of the defendant subjects him, under the language of the act of 1860, to a search warrant to discover them, but not to any criminal penalty. S 418. Every person who keeps any bottles such with intent as are designated in the last section, without the written consent of the manufacturer so to do, unless it appears that they were not kept with intent to refill or use or sell them in violation of the last section, is liable to the penalty therein prescribed. Search for bottles kept of law, authorized. S419. Whenever any manufacturer or dealer dein violation signated by section 417, or his agent, shall make oath or affirmation before any magistrate that he has reason to believe, and does believe, that any of his bottles stamped and registered as mentioned in said section are being unlawfully used by any person or persons selling or manufacturing mineral water or other beverages, or that any junk dealer, or vender of bottles, has any of such bottles secreted in any place, such magistrate shall thereupon issue a search warrant to discover and obtain the same under the provisions of the Code of Criminal Procedure, which are hereby declared to fully relate to the purposes of this chapter; and the magistrate may summarily bring or cause to be brought before him the person in whose possession the bottles are found, to examine into the circumstances of his possession, and if such magistrate, on summary examination, finds that such person |