326 CRIMES AND PUNISHMENTS. [ART. 27

1904, art. 27, sec. 42. 1888. art. 27, sec. 39. 1860, art. 30, sec. 31.
1827, ch. 62, sec. 2.

48. If any person shall be convicted a second time of the crime men-
tioned in the preceding section he shall be sentenced to the penitentiary
for not less than ten nor more than twenty years.

Ibid. sec. 43. 1888, art. 27, sec. 40. 1860, art. 30, sec. 32. 1822, ch. 169.
1831, ch. 208, sec. 1.

49. If any person shall falsely make, alter, forge or counterfeit, or
cause or procure to be falsely made, altered, forged or counterfeited, or
shall willingly aid or assist in falsely making, altering, forging or coun-
terfeiting, or shall utter, publish, or pass, knowing it to be falsely
made, altered, forged or counterfeited, any warrant, letter or paper,
writing or order, for payment of money or delivery of goods, or other
valuable articles, whether the said warrant or order contain a simple
request to pay the said money, or deliver the said goods or other valuable
articles or not, with the intention to defraud any person; or any person
who shall knowingly and fraudulently obtain any money, goods or other
thing of value by means of any such warrant, letter, paper, writing or
order, shall be deemed a felon, and on conviction, shall be sentenced to
the penitentiary for not less than two nor more than ten years.

Ibid. sec. 44. 1892, ch. 357, sec. 1.

50. Whenever any person, association or union of workingmen have
adopted, or shall hereafter adopt for their protection any label, trade-
mark or form of advertisement announcing and denoting that goods to
which such label, trade-mark or form of advertisement shall or may be
attached, were manufactured by such person or by a member or mem-
bers of such association or union, it shall not be lawful for any person
or corporation to counterfeit or imitate such label, trade-mark or form
of advertisement; every person violating this section shall be deemed
guilty of a misdemeanor and shall upon conviction by any court having
criminal jurisdiction be punished by imprisonment in the city or county
jail for not less than three months nor more than one year or by a fine
of not less than one hundred dollars nor more than five hundred dollars,
or both, in the discretion of the court.

Ibid. sec. 45. 1892, ch. 357, sec. 2.

51. Every person, corporation or association who shall use any coun-
terfeit or imitation of any label, trade-mark or form of advertisement
of any such person, union or association, knowing the same to be coun-
terfeit or imitation, shall be guilty of a misdemeanor, and shall upon
conviction by any court having criminal jurisdiction, be punished by
imprisonment in the city or county jail for a term of not less than one
month nor more than one year, or by a fine of not less than one hundred
dollars nor more than two hundred dollars, or both, in the discretion of
the court, and the burden of proving that the defendant did not know
the true character of the said label, trade-mark or form of advertise-
ment, and that he used the same in good faith shall be on the defendant.