Where a statute requires the name to be written near the mark in order to make a valid signature, the name of a testator writ ten at the beginning of the will is sufficiently near hiS mark at the end if the intention that the mark should represent the testator's name clearly appears ; In re Will of Guil foyle, 96 Cal. 598, 31 Pac. 553, 22 L. R. A. 370, note, where the cases are collected of signa tures by mark to different classes of instru ments.
See also notes on signature by mark of both party and witness; 35 L. R. A. 350; 44 L. R A. 142.
It seems to be held that any mark the making or distinctive character of which is susceptible of proof, is a sufficient signature ; Devereux v. McMahon, 108 N. C. 134, 12 S. E. 902, 12 L. R. A. 205, where a witness signed D. S. C. his name being Solomon Davis, "D. S. 'for Davis, C. for Solomon, that's the way I sign it." The sign, writing, or ticket put upon manufactured goods to distinguish the'm from others ; 3 B. & C. 541; also to indicate the price; and if one use the mark of an other to do him damage, an action on the case will lie, or an injunction may be from chancery ; 2 Cro. 47. This mark may consist of the name of the manufacturer, printed, branded, or stamped in a mode pe culiar to itself, or a seal, a letter, a cipher, a monogram, or any sign or symbol, to so dis tinguish it as his product; Adams v. Eleisel,
31 Fed. 280. See TRADE-MARKS UNION LABEL LAWS.
By the act of July 8, 1870, patentees are required to mark patented articles with the word patented and the day and year When the patent was granted, and in any suit for infringement by the party failing so to mark, no damages can be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued, after such notice, to make, use, or vend the article patented.
Marks and brands are admissible in evi dence to prove the ownership of animals, whether recorded or not, unless prohibited by statute ; Thompson v. State, 26 Tex. App. 466, 9 S. W. 769.
MARK (spelled, also, Marc). A weight used in several parts of Europe, and for several commodities, especially gold and silver. When, gold and silver are sold by the mark, it is divided into twenty-four carats. A money of accounts in England, and in some other countries a coin. The English mark is two-thirds of a pound ster ling,or 13s. 4d.; and the Scotch mark is of equal value in Scotch money of account. Encyc. Amer. As to its early history, see $eebohm, Tribal Customs L.