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To Have and to Hold All and singular, the said goods and chattels, unto the said (name of mortgagee) and his executors, administrators, and assigns, to his and their sole use forever. And I, the said mortgagor, for myself and my executors and administrators, do covenant to and with the said mortgagee and his executors, administrators, and assigns, that I am lawfully possessed of the said goods and chattels, as of my own property: that the same are free from all incumbrances; and that I will, and my executors and administrators shall, warrant and defend the same to the said mortgagee and his executors, administrators, and assigns, against the lawful claims and demands of all persons.

Provided Nevertheless, That if the said mortgagor or his executors, or administrators, shall well and truly pay unto the said mortgagee or his executors, administrators or assigns, the sum of then this deed, as also a

certain promissory note bearing even date herewith, signed by the said mortgagor, whereby he promises to pay the said mortgagee the said sum and interest at the time aforesaid, shall both be void, and otherwise they shall remain in full force and virtue.

And Provided Also, That until default by the said mortgagor or his executors and administrators, in the performance of the condition aforesaid, or of some part thereof, it shall and may be lawful for him or them to keep possession of the said granted property, and to use and enjoy the same; but in case of such default, or if the same or any part thereof shall be attached at any time before payment as aforesaid, by any other creditor or creditors of the said mortgagor, or if the said mortgagor, his executors or administrators, shall attempt to sell the same or any part thereof without notice to the said mortgagee or his executors, administrators, or assigns, and without his or their assent to such sale in writing expressed; or shall remove the same, or any part thereof, from the place where they now are, without such notice and assent, then it shall be lawful for the said mortgagee, his executors, administrators, or assigns, to take immediate possession of the whole of said granted property to his or their own use, and to sell and dispose of the whole, or of so much of said granted property at public auction, as shall produce a sum of money sufficient to pay and discharge the above-mentioned debt or liability, with interest, and all costs and charges of keeping and selling the same, and all just and equitable liens then existing thereon, without further notice or demand, except giving days' notice of the time and place of said sale to said mortgagor or his legal representatives; and after the said debt or liability, with interest, costs, charges, and liens, shall be so discharged and satisfied, the surplus of the money arising from said sale, and the residue of said granted property, shall be paid and restored to said mortgagor or his legal representatives, discharged from all claim under this mortgage.

In Testimony Whereof, I, have hereunto set my hand and seal this in the year of our Lord one thousand eight hundred and

Executed and Delivered in Presence of

(name of mortgagor)

the said

day of

(Signature.) (Seal.)

CHAPTER XXXIII.

THE LAW OF PATENTS.

What may be patented.

ANY new and useful art, machine, manufacture, or composition of natter, or any new and useful improvement thereof not before known or used by others in this country, and not at the time patented or described in any printed publication in this or any foreign country.

And any new and original design for a manufacture, bust, statue, alto relievo, or bass relief, or any new and original impression, ornament, pattern, print, or picture to be placed on or worked into any article of manufacture; or any new and original shape or configuration of any such article, the same not having been known or used by others before the application for a patent.

Who is entitled to a Patent.

Any person, whether citizen or alien, may obtain a patent for any invention or improvement made by him, and not before known.

In case of the death of the inventor, the patent may be applied for by, and will issue to, his legal representatives.

Joint inventors are entitled to a joint patent; but neither can claim one separately.

What will prevent the granting of a Patent.

Although an applicant may have actually made an invention, a patent therefor will not be granted him if the whole or any part of what he claims as new has been patented, or described in any printed publication in this or any foreign country, or been before invented or discovered in this country, nor if he has once abandoned his in

vention to the public, or for more than two years consented and allowed it to be in public use or on sale; but the mere fact of prior use, invention, or discovery abroad, will not prevent the issue of the patent, unless the invention has been there patented, or described in some printed publication.

Merely conceiving the idea of an improvement or machine is not such an "invention" or "discovery" as is above contemplated. The invention must have been reduced to a practical form, either by the construction of the machine itself or of a model thereof, or at least by making a full drawing of it, or in some other manner equally descriptive of its exact character, so that a mechanic would be enabled, from the description given, to construct a model thereof, before it will prevent a subsequent inventor from obtaining a patent.

Mode of proceeding to obtain a Patent.

APPLICATION.

All applications must be completed for examination within two years after the filing of the petition; and in default, all such will be regarded as abandoned, unless it be satisfactorily proved to the office that such delay was unavoidable. The application must be made by the actual inventor, if alive, even if the patent is to issue to an assignee; but, where the inventor is dead, the application and oath may be made by the executor or administrator. The application must be in writing, in the English language, signed by the applicant, and addressed to the Commissioner of Patents, Washington, D.C. The following is a suitable form, which may serve as a useful guide, but must be varied according to circumstances:

(185.)

Form of Petition.

TO THE COMMISSIONER OF PATENTS:

Your petitioner prays that a patent may be granted to him for the invention set forth in the annexed specification.

(Signature.)

SPECIFICATION.

The applicant must set forth in his specification the precise invention for which he claims a patent.

In all applications for mere improvements, the specification must distinguish between what is admitted to be old and what is described and claimed to be the improvement; so that the office and the public may understand exactly for what the patent is granted.

Two or more distinct and separate inventions may not be claimed in one application; but where several inventions have a necessary and dependent connection with each other, so that all co-operate in attaining the end which is sought, they may be so claimed. If more than one invention is claimed in a single application, and they are found to be such that a single patent may not be issued to cover the whole, the inventor must divide the application, and confine the claim to whichever invention he may elect.

The specification must be signed by the inventor (or by his executor or administrator, if the inventor be dead). It should describe the sections of the drawings (where there are drawings), and refer by letters and figures to the different parts. The following may be taken as a specimen of the proper form of a specification to accompany the petition :

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improved mode of preventing steam-boilers from bursting; and I do hereby declare that the following is a full and exact description thereof, reference being had to the accompanying drawings, and to the letters of reference marked thereon.

The nature of my invention consists in providing the upper part of a steamboiler with an aperture in addition to that for the safety-valve, which aperture is to be closed by a plug or disk of alloy, which will fuse at any given degree of heat, and permit the steam to escape, should the safety-valve fail to perform its functions.

To enable others skilled in the art to make and use my invention, I will proceed to describe its construction and operation. I construct my steam-boiler in any of

the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers; but, in order to obviate the danger arising from the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing; and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. In general, I compose this fusible metal of a mixture of lead, tin, and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam; it will, of course, vary with the pressure the boiler is intended to sustain.

I surround the opening containing the fusible alloy by a tube, B, intended to conduct off any steam which may be discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt and allow the steam to escape freely, thereby securing it from all danger of explosion.

What I claim as my invention, and desire to secure by letters patent, is the application to steam-boilers of a fusible alloy which will melt at a given temperature and allow the steam to escape, as herein described, using for that purpose the aforesaid metallic compound, or any other substantially the same, and which will produce the intended effect.

(Witnesses.)

(Signature.)

When the application is for a machine, the specification should begin thus:

(name of inventor) in the County of

Be it known that I, and State of have invented a new and useful machine for [stating the use and title of the machine; and, if the application is for an improvement, it should read thus: a new and useful improvement on a or on the machine, &c.] and I do hereby declare that the following is a full, clear, and exact description of the construction and operation of the same, reference being had to the annexed drawings, making a part of this specification, in which Figure 1 is a perspective view; Figure 2 a longitudinal elevation; Figure 3 a transverse section, &c. (thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine, and lastly the claim, which should express the nature and character of the invention, and identify the parts claimed separately or in combination. If the specification is for an improvement, the original invention should be disclaimed, and the claim confined to the improvement).

The specification must be signed by the inventor, and attested by two witnesses.

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