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executors, &c. a sum equal to three times the actual damage sustained by said patentee, his executors, &c.” (Act. 1800, Sec. 3.)
For copies of patents, or recording transfers, there is a charge of 20 cents for every hundred words ; and the legal allowance for copying a drawing of a machine patented, is $2. The actual charge is frequently less than this, but in many instances the drawings are so complex that they cannot be executed for this sum.
For certified copies of patents, there is an extra charge of 25 cents. These arc furnished, as evidence, in litigated cases. All such copies must be paid for previously to their delivery.
Caveats are not known to the law; but any inventer, by sending a correct account of his invention, before he is ready to take out a patent, secures evidence in his favor.
An inventer may transfer his right before a patent has issued, and the assignee may take out a palent; or he may obtain his patent, and afterwards assigo it. The assignment in either case, must be recorded in the Patent Office. (Act of 1793, sec. 4.)
All communications to and from the Superintendent of the Patent Office are free of postage. The petition to the Secretary of State, the fees to be paid into the treasury, and other matters on the subject of patents, may be addressed directly to the patent office; and all business relating to patents may, in general, be as well done in writing as by a journey to Washington.
Paper money remitted, must be of the U. S. Bank, or its Branches, or some of the Banks of Boston, New York, Philadelphia, Baltimore, or of the District of Columbia.
In future, no patent will be issued for any machine until a good model is fur. nished. It is requested that all models sent to the office may be labeled with the patentee's name, &c.
Those who are unable to obtain good drawings at home, may have them executed at Washington, by persons unconnected with the office. In some cases a rough sketch, and in all, a good model will serve as a guide. Care will be taken by the Superintendent that the charges shall be moderate.
Copy-Rights. An Act to amend the several acts respecting Copy.rights. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passing of this act, any person or persons, being a citizen or citizens of the United States, or resident therein, who shall be the author or authors of any book or books, map, chart, or musical composition, which may be now made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, elched, or worked, from his own design, any prict or engraving, and the executors, administrators, or legal assigns of such person or persons, shall have the sole right and liberty of printing, reprinting, publishing, and vending such book or books, map, chart, or musical composition, print, cut, or engraving, in whole or in part, for the term of twenty-eight years from the time of ording the title thereof in the manner hereinafter directed.
Sec. 2. And be it further enacted, That if, at the expiration of the aforesaid term of years, such author, inventer, designer, engraver, or any of them, where the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the United States, or resident therein, or being dead shall have left a widow, or child, or children, either or all them living, the saine exclusive right shall be continued to such author, designer, or engraver, or, if dead, then 10 such widow and child, or children, for the further term
of fourteen years : Provided, That the title of the work so secured, shall be a second time recorded, and all such other regulations as are herein required in regard to original copy-rights, be complied with in respect to such renewed copy-right, and that within six months before the expiration of the first term.
Sec. 3. And be it further enacted, That in all cases of renewal of copy-right under this act, such author or proprietor shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers priuted in the United States, for the space of four weeks.
Sec. 4. And be it further enacted, That no person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the District wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to be kept for that purpose, in the words following, (giving a copy of the title under the seal of the court to the said author, or proprietor, whenever be shall require the same,) District of to wit: Be it remembered, that on the
day of Anno domini, A. B. of the said District, hath deposited in this office the title of a booş, (map, chart, or otherwise, as the case may be,) the title of which is in the words following to wit : [Here insert the title :) The right whereof he claims as author, (or proprietor, as the case may be ;) in conformity with an act of Congress, entitled, “ An act to amend the several acts respecting copy-rights. C. D., Clerk of the District of For which record the Clerk shall be entitled to receive, from the person claiming such right as aforesaid, fifiy cents, and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor of any such book, map, chart, musical composition, print, cut, or engraving, shall, within three month from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver, or cause to be delivered, a copy of the same to the clerk of said district. And it shall be the duty of the clerk of each district court, at least once a year, to transmit a certified list of all such records of copy-right, including the titles so recorded, and the dates of record, and also all the several copies of books or other works deposited in his office, according to this act, to the Secretary of State, to be preserved in his office.
SEC. 5. And be it further enacled, That no person shall be entitled to the benefit of this act, unless he shall give information of copy-right being secured, by causing to be inserted, in the several copies of each and every edition pube lished during the term secured, on the title-page or the page immediately fol. lowing, if it be a book, or, is a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece thereof, the following words, viz: “ Entered according to act of Congress, in the year by A. B., in the Clerk's office of the district court of
-," (as the case Sec. 6. And be it further enacted, That if any other person or persons, from and after the recording the title of any bouk or books, according 10 this act, shall, within the term or terms herein limited, print, publish, or import, or cause to be printed, published, or imported, any copy of such book or books, without the consent of the person legally entitled to the copy-right thereof, first bad and obtained in writing, signed in presence of two or more credible witness. es, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book, without such consent in writing, then such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copy-right
thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court having competent jurisdiction thereof.
Sec. 7. And be it further enacted, That if any person or persons, after the recording the title of any print, cut, or engraving, map, chart, or musical composition, according to the provisions of this act, shall, within the term or terms limited by this act, engrave, etch or work, sell or copy, or cause to be engraved, etched, worked, or sold, or copied, either or the whole, or by varying, adding to, or diminishing, the main design, with intent to evade the law, or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut, or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copy-right thereof, first obtained in writing, signed in the presence of two credible witnesses ; or knowing the same to be so printed or imported without such consent, shall publish, sell, or expose to sale, or in any manner dispose of any such map, chart, musical composition, engraving, cut, or print, without such consent as aforesaid, then such offender or offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut, or print shall be copied, and also all and every sheet thereof so copied or printed, as aforesaid, to the proprietor or proprietors of the copy-right thereof; and shall further forfeit one dollar for every sheet of such map, chart, musical composi. tion, print, cut, or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to the proprietor or proprietors, and the other moiety 10 the use of the United States, to be recovered in any court having competent jurisdiction thereof.
Sec. 8. And be it further enacted, That nothing in this act shall be construed to extend to prohibit the importation, or vending, printing, or publishing of any map, chart, book, or musical composition, print, or engraving, written, composed, or made, by any person not being a citizen of the United States, nor resident within the jurisdiction thereof.
SEC. 9. And be it further enacted, That any person or persons, who shall print or publish any manuscript whatever, without the consent of the author or legal proprietor first obtained as aforesaid, (if such author or proprietor be a citizen of the United States, or resident therein,) shall be liable to suffer and pay to the author or proprietor, all damages occasioned by such injury, to be recovered by a special action on the case, founded upon this act, in any court having cognizance thereof; and the several courts of the United States, empowered to grant injunctions to prevent the violation of the rights of authors and inventers, are hereby empowered to grant injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid.
Sec. 10. And be it further enacted, That, if any person or persons shall be sued or prosecuted, for any matter, act, or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence.
Sec. 11. And be it further enacted, That, if any person or persons, from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cui, or engraving, not having legally acquired the copyright thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall forfeit and pay one hundred dollars, one moiety thereof to the person who shall sue for the same, and the other to the use of the United States, to be recovered by action of debt, in any court of record having cognizance thereof.
Sec. 12. And be it further enacted, That, in all recoveries under this act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding.
Sec. 13. And be it further enacted, That no action or prosecution shall be maintained, in any case of forfeiture or penalty under this act, unless the same shall have been commenced within two years after the cause of action shall have arisen.
Sec. 14. And be it further enacted, That the “ Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned,” passed May thirty-first, one thousand seven hundred and ninety, and the Act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be and the same are hereby repealed; saving, always, such rights as may have been obtained in conformity to their provisions.
Sec. 15. And be it further enacted, That all and several the provisions of this act, intended for the protection and security of copy-rights, and providing remedies, penalties, and forfeitures, in case of violation thereof, shall be held and construed to extend to the benefit of the legal proprietor or proprietors of each and every copy-right heretofore obtained according to law, during the term thereof, in the same manner as if such copy-right had been entered and secured according to the directions of this act:
Sec. 16. And be it further enacted, That, whenever a copy-right has been heretofore obtained by an author or authors, inventer, designer, or engraver, of any book, map, chart, print, cut, or engraving, or by a proprietor of the same; if such author or authors, or either of them, such inventer, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inventer, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut, or engraving, with the benefit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copy-right, make up the term of twenty-eiglit years, with the same right to his widow, child, or children, to renew the copy-right, at the expiration thereof, as is above provided in relation to copy-rights originally secured under this act. And if such author or authors, inventer, designer, or engraver, shall not be living at the passage of this act, then bis or their heirs, executors, and administrators, shall be entitled to the like exclusive enjoyment of said copy-right, with the benefit of each and all the provisions of this act for the security thereof, for the period of twenty-eight years from the first entry of said copy-right, with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventer, or engraver, as is provided in relation to copy-rights originally secured under this act: Provided, That 'this act shall not extend to any copy-right heretofore secured, the term of which has already expired. [Approved, Feb. 3, 1831.]
3,500 3,000 3,000 3,000 3,000
The Commissioners of Insolvency are appointed by the Secretary of the Treasury, under authority of the act of March 2, 1831, “ for the Relief of certain Insolvent Debtors of the United States.” For their powers, duties, and compensation, and the manner prescribed for applicaiion for relief by an insolvent debtor, together with the form of proceeding on such application, see the act annesed. District of Maine.
District of Maryland. Joseph Sewall, April 1st, 1831 Beale Randall, March 22, 1831 John D. McCrate, do. do. Alexander Cheves, do. do. William Richardson, do. do. M'Clintock Young,
District of New Hampshire. District of South Carolina. Samuel Cushman, March 30, 1831 Benjamin Elliott, April 1,1831 Daniel P. Drowne, do. do. Martin Stroble,
do. do. Jotham Lawrence, do. do. James Jervey,
do. do. District of Massachusetts.
District of Georgia.
do. do. Samuel S. Lewis,
Eastern District of Florida. District of Connecticut. Wm. H. Simmons, April 25,1831 John Beach,
April 9, 1831
Southern District of Alabama. Southern District of New York. George W. Owen, June 1, 1831 Hector Craig, March 22, 1831 John W. Mulligan, do. do. Eastern District of Louisiana. Charles G. Dewitt, do. do. Henry Lockett, July 26, 1831
Charles M. Conrad, Oct. 4, 1831 District of New Jersey. John A. Duncan,
do. James S. Green, April 25, 1831
District of Missouri. Eastern District of Pennsylvania. Arthur L. Magenis, April 20, 1831 James M. Broom, March 22, 1831 Edward D. Ingraham, do. do.
District of Ohio. Henry Shoemaker, April 26, 1831 John A. Bryan, April 25, 1831
An Act for the Relief of certain Insolvent Debtors of the United States.
[Sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who was