West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
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6,321 of 6,321 sections
Showing 4,551–4,600 of 6,321 sections
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47-2-8 Ch. 47 — REGULATION OF TRADE Trade-marks in General How Unincorporated Association or Union May Sue In all cases where such association or union is not incorporated, suits under this article may be commenced and prosecuted by any officer or member of such asso… Proofed
47-2-9 Ch. 47 — REGULATION OF TRADE Trade-marks in General Application of Existing Law Nothing contained in this article shall be construed as affecting or impairing any right or remedy at law or in equity for the protection of any label, trade-ma… Proofed
47-3-1 Ch. 47 — REGULATION OF TRADE Trade-marks of Dealers in Liquids Definition of “Bottler”; May Adopt Trade-mark Any person, firm or corporation, manufacturing, producing, selling or dealing in milk, cream, buttermilk, mineral waters or other liquids, in bottles, and selli… Proofed
47-3-2 Ch. 47 — REGULATION OF TRADE Trade-marks of Dealers in Liquids Manner of Adoption of Such Trade-mark Every such bottler desiring to adopt a trade-mark may do so by the execution of a writing in form or effect as follows: Notice is hereby given that I (or we… Proofed
47-3-3 Ch. 47 — REGULATION OF TRADE Trade-marks of Dealers in Liquids Infringement of Such Trade-mark; Injunction Every trade-mark so adopted shall, from the date thereof, be the exclusive property of the person, firm or corporation adopting the same, and any other person, … Proofed
47-3-4 Ch. 47 — REGULATION OF TRADE Trade-marks of Dealers in Liquids Unlawful Use of Marked Bottles by Others It is hereby declared to be a misdemeanor for any person, firm, or corporation, without the permission of the proprietor of such trade-mark, to refill with milk… Proofed
47-3-5 Ch. 47 — REGULATION OF TRADE Trade-marks of Dealers in Liquids Evidence in Prosecutions In any legal proceeding, civil or criminal, before any court or justice of the peace, the fact that such trade-mark is stamped, impressed, blown or otherwise wr… Proofed
47-3-6 Ch. 47 — REGULATION OF TRADE Trade-marks of Dealers in Liquids Searches and Seizures The proprietor of any such trade-mark, or any agent of such proprietor, having reason to believe that any such bottle so marked is hidden, secreted, or unlawful… Proofed
47-4-1 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Definition of “Timber Dealer’’; May Adopt Brand Any person. firm or corporation dealing in timber in any form shall be called and known as “timber dealer,” and as such may adopt a brand in the manner and with… Proofed
47-4-2 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Manner of Adoption of Such Brand Every such dealer desiring to adopt a brand may do so by the execution of a writing in form or effect as follows: Notice is hereby given that I (or we, etc.,… Proofed
47-4-3 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Infringement; Penalty; Damages Every brand so adopted shall from the date there of be the exclusive property of the person, firm or corporation adopting the same, and any other person, firm o… Proofed
47-4-4 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Injury or Defacement; Penalty; Damages The proprietor of such brand shall, in using the same, cause it to be plainly stamped, branded or otherwise impressed upon each piece of timber upon which the s… Proofed
47-4-5 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Improper Dealing With Branded Timber; Penalty If any person knowingly and un lawfully buy, sell, take and carry away, secrete, destroy or convert to his own use, any timber upon which such brand is stamped,… Proofed
47-4-6 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Purchaser Branding Timber Deemed Owner When timber is purchased by the proprietor of any such brand and such brand is placed thereon as hereinbefore provided, such timber shall thenceforth be deemed … Proofed
47-4-7 Ch. 47 — REGULATION OF TRADE Brands of Timber Dealers Brand as Evidence of Ownership; False Use In any action, suit or contest in which the title to any timber upon which any such brand has been placed as aforesaid shall come in ques tion, it shall be pres… Proofed
47-5-1 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Persons Who May Issue Receipts Warehouse receipts may be issued by any warehouseman. Proofed
47-5-2 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Form of Receipt; Essential Terms; Liability for Omission Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms: (a) The location of the warehous… Proofed
47-5-3 Ch. 47 — REGULATION OF TRADE Warehouse Receipts What Other Terms May be Inserted A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not: (a) Be contrary to th… Proofed
47-5-4 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Definition of Nonnegotiable Receipt A receipt in which it is stated that the goods will be delivered to the depositor, or to any other specified person, is a nonnegotiable receipt. Proofed
47-5-5 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Definition of Negotiable Receipt A receipt in which it is stated that the goods received will be delivered to the bearer, or to the order of any person named in such receipt, is a negotiable re… Proofed
47-5-6 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Duplicate Receipts; Marking When more than one negotiable receipt is issued for the same goods, the word “duplicate” shall be plainly placed upon the face of every such receipt, except the… Proofed
47-5-7 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Nonnegotiable Receipt Must be so Marked A nonnegotiable receipt shall have plainly placed upon its face by the warehouseman issuing it “nonnegotiable,” or “not negotiable.” In case of the warehouseman… Proofed
47-5-8 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Obligation of Warehouseman to Deliver A warehouseman, in the absence of some lawful excuse provided by this article, is bound to deliver the goods upon a demand made either by the holder of a receip… Proofed
47-5-9 Ch. 47 — REGULATION OF TRADE Warehouse Receipts To Whom Delivery May be Made A warehouseman is justified in delivering the goods, subject to the provisions of the three following sections, to one who is: (a) The person lawfully entitled… Proofed
47-5-10 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Warehouseman’s Liability for Misdelivery Where a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversio… Proofed
47-5-11 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Negotiable Receipts Must be Canceled When Goods Delivered Except as provided in section thirty-six of this article, where a warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of w… Proofed
47-5-12 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Partial Delivery of Goods Except as provided in section thirty-six of this article, where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails… Proofed
47-5-13 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Altered Receipts The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was: (a) Immaterial; (b) Authorized; or (c)… Proofed
47-5-14 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Lost or Destroyed Receipts Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such los… Proofed
47-5-15 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Effect of Duplicate Receipts A receipt upon the face of which the word “duplicate” is plainly placed is a representation and warranty by the warehouseman that such receipt is an accurate co… Proofed
47-5-16 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Warehouseman Cannot Set Up Title in Himself No title or right to the possession of the goods, on the part of the warehouseman, unless such title or right is derived directly or indirectly from a transfer … Proofed
47-5-17 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Interpleader of Adverse Claimants If more than one person claims the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for non-delivery… Proofed
47-5-18 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Reasonable Time to Determine Validity of Adverse Claims If some one other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the warehouseman has information of s… Proofed
47-5-19 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Adverse Title no Defense Except as Above Provided Except as provided in the two preceding sections and in section nine and thirty-six of this article, no right or title of a third person shall be a defense to a… Proofed
47-5-20 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Liability for Nonexistence or Misdescription of Goods A warehouseman shall be liable to the holder of a receipt for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with … Proofed
47-5-21 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Liability for Negligence A warehouseman shall be liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner o… Proofed
47-5-22 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Keeping Goods Separate Except as provided in the following section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the sam… Proofed
47-5-23 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Mingling of Goods If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such case the various deposito… Proofed
47-5-24 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Several Liability to Depositors of Commingled Goods The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circums… Proofed
47-5-25 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Attachment or Levy Upon Goods If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind … Proofed
47-5-26 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Remedies of Creditors A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and other wise… Proofed
47-5-27 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Claims Included in Warehouseman’s Lien Subject to the provisions of section thirty of this article, a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for al… Proofed
47-5-28 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Against What Property Lien May be Enforced Subject to the provisions of section thirty of this article a warehouseman’s lien may be enforced: (a) Against all goods, whenever deposited, belonging to the … Proofed
47-5-29 Ch. 47 — REGULATION OF TRADE Warehouse Receipts How Lien May be Lost A warehouseman loses his lien upon goods: (a) By surrendering possession thereof; or (b) By refusing to deliver the goods when a demand is made with which he … Proofed
47-5-30 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Negotiable Receipt Must State Charges for Which Lien is Claimed If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date o… Proofed
47-5-31 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Warehouseman Need Not Deliver Until Lien Satisfied A warehouseman having a lien valid against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied. Proofed
47-5-32 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Warehouseman's Lien Does Not Preclude Other Remedies Whether a warehouse man has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor, for the collection… Proofed
47-5-33 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Satisfaction of Lien by Sale A warehouseman’s lien for a claim which has become due may be satisfied as follows: The warehouseman shall give a written notice to the person on whose account… Proofed
47-5-34 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Perishable and Hazardous Goods If goods are of a perishable nature, or by keeping will deteriorate greatly in value, or by their odor, leakage, inflammability, or explosive nature, will be li… Proofed
47-5-35 Ch. 47 — REGULATION OF TRADE Warehouse Receipts Other Methods of Enforcing Liens The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor … Proofed
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