Same, requirements of.

state of Nebraska, be known in this act as a foreign building and loan association.

SEC. 17. It shall not be lawful for any foreign building and loan association, directly or indirectly, to transact any business in this state without first procuring a certificate of approval and authorization from the auditor of public accounts, state treasurer, and attorney general, or any two of them.

Before obtaining such certificate such foreign building and loan association shall furnish the auditor with a statement sworn to by the president or secretary of the association, which statement shall show:

The name and locality of the association and itemized account of its actual financial condition and the amount of its property and liabilities, the amount and number of shares subscribed, the amount which has been paid in on such shares, the number of shares redeemed, the estimated cash value of each share of its stock, and all such other information touching its affairs as said officers or any two of them may require.

Such foreign building and loan association shall also file with the auditor of public accounts a certified copy of the laws of the state, territory, or government under which it is incorporated, and of its charter or articles of incorporation and of its constitution and by-laws and all amendments thereto, and shall appoint an attorney in each county in which it transacts or solicits business, who shall be a resident of such county, and shall file with the auditor of public accounts a written instrument, duly signed and sealed, authorizing such attorney of such association to acknowledge service of process

in behalf of such association, consenting that service of process, mesne or final, upon such attorney shall be taken and held as valid as if served upon the association according to the laws of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service. If, after examination of such statements and certified copies of instruments, and after said association shall have complied with the requirements of this act as to the appointment of an attorney or attorneys, the auditor of public accounts, state treasurer, and attorney general, or any two of them, shall be satisfied that such association is solvent and that the capital and investments are secure, and that the laws, charters, articles of incorporation, constitution, and by-laws governing it afford as ample protection to the interests of its members as is afforded by the laws of this state to members of associations hereafter incorporated under the laws of the state of Nebraska for the purpose mentioned in section one of this act, then the auditor of public accounts, state treasurer, and attorney general, or any two of them, may grant such association a certificate of approval authorizing it to transact business till the 31st day of January of the ensuing year, in those counties of this state in which it shall have appointed a resident attorney as above provided.

statements.

SEC. 18. The statements required of foreign same, annual building and loan associations shall be renewed annually in January in such manner as required by this act, and shall be made at such other times as the auditor of public accounts, state treasurer, and attorney general, or any two of them, may deem it expedient to demand the same, and the auditor of

Doing business without authority.

Repealing clause.

Emergency.

public accounts, state treasurer, and attorney general, or any two of them, may at any time revoke the certificate of approval and authorization of any such association for cause.

SEC. 19. Any person, agent, or company doing business or attempting to do business in this state for any foreign building and loan association which shall not at the time be the holder of a valid certificate of approval and authorization, as provided for in section seventeen (17) of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one theusand ($1,000) dollars, or imprisonment in the county jail not more than thirty days, or both, at the discretion of the court.

SEC. 20. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 21. Whereas an emergency exists, this act shall take effect from and after its passage. Approved April 4, 1891.

[House Roll No. 115.]

CHAPTER 15.

Workingmen's associations may adopt trade-marks,

etc.

AN ACT to protect the associations and unions of workingmen in the use of labels, trade-marks, and other forms of advertising goods manufactured by members of such associations and unions, and to provide a penalty for the violation thereof.

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That it shall be lawful for associations and unions of workingmen to adopt for their protection, labels, trade-marks, and other forms of

advertisement, announcing that goods manufactured by members of such associations or unions are as manufactured.

use of trademark.

SEC. 2. That any and all persons using such Unauthorized union or association trade-marks, labels, or advertisements, whether exactly like such labels, trademarks, or advertisements or not, if with the intention to or likely to deceive the public, and that every person who shall use any counterfeited labels, trade-marks, or form of advertisement of such union or associations, knowing the same to be counterfeited, after having been notified in writing by the owner thereof, or his or its agents, that the same is counterfeited, shall be guilty of a misdemeanor, punishable by imprisonment for not less than three (3) months nor more than one (1) year, or by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or both; Provided, That such notice in writing contains a copy, counterpart, or fac simile of such genuine label, trade-mark, or forms of advertisement.

be filed.

SEC. 3. And be it enacted, that every such as- Trade-mark to sociation or union adopting a label, trade-mark, or form of advertisement as aforesaid shall file the same in the office of the secretary of state, who shall, under his hand and seal, deliver to the association or union filing the same a certificate of record, for which he shall receive a fee of twenty-five (25)

cents.

use of counterfeit trade

SEC. 4. And be it enacted, that every such as-Suits to enjoin sociation or union adopting a label, trade-mark, or mark. form of advertisement as aforesaid may proceed, by suit in the courts of this state, to enjoin the

Suits to enjoin unauthorized

trade-mark.

manufacture, use, display, or sale of any such counterfeits, and that all courts having jurisdiction thereof shall grant an injunction to restrain and prevent such manfacture, use, display, or sale, and shall award the complainants such damages resulting from such wrongful use as may be proved, and shall require the defendants to pay to the party injured the profits derived from such wrongful use, or both profits and damages; and the court shall also order all such counterfeits in the possession or under the control of the defendant in such case to be delivered to an officer of the court or to the complainant, to be destroyed.

SEC. 5. And be it enacted, in like manner such use of genuine unions or associations shall be authorized to proceed against all persons who shall wrongfully use or display the genuine labels, trade-marks, or forms of advertisements of the respective associations or unions not being authorized by such associations or unions to use or display the same.

Repealing clause.

SEC. 6. And be it enacted, that all acts and parts of acts inconsistent with the provisions of this act be and they are hereby repealed.

Approved March 31, 1891.