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mitted to us by the said act, and in the name, and for and on behalf of Boundaries and the said state, do, by these presents, convey, assign, transfer, and set conditions of the

cession. over unto the United States of America, for the benefit of the said states, North Carolina inclusive, all right, title, and claim which the said state hath to the sovereignty and territory of the lands situated within the chartered limits of the said state, as bounded and described in the above recited act of the General Assembly, to and for the uses and purposes, and on the conditions mentioned in the said act.

In witness whereof, we have hereunto subscribed our names, and

affixed our seals, in the senate-chamber, at New York, this
twenty-fifth day of February, in the year of our Lord, one thou-
sand seven hundred and ninety, and in the fourteenth year of
the independence of the United States of America.

SAM. JOHNSTON. (L.S.)

BENJAMIN HAWKINS. (L.s.) Signed, sealed, and delivered

in the presence of

Sam. A. Otis. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the said deed be, and Accepted. the same is hereby accepted.

APPROVED, April 2, 1790.

STATUTE II. Chap. VII.-An Act to promote the progress of useful Arts.(a) April 10, 1790. Section 1. Be it enacted by the Senate and House of Representatives Patents for of the United States of America in Congress assembled, That upon the useful discover; petition of any person or persons to the Secretary of State, the Secretary for, and granted.

(a) The acts passed by Congress, subsequent to this statute, relating to patents for useful inventions, have been :

1. An“ act to promote the progress of useful arts ; and to repeal the act heretofore made for this purpose,” passed February 21, 1793. Repealed by act of July 4, 1836.

2. An act supplementary to the act entitled an - act to promote the progress of useful arts,” passed June 7, 1794. Repealed by act of July 4, 1836.

3. An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees, passed April 17, 1800. Repealed by act of July 4, 1836.

4. An act concerning patents for useful inventions, passed July 3, 1832. Repealed by act of July 4, 1836.

5. An act concerning the issuing of patents to aliens for useful discoveries and inventions, passed July 13, 1832. Repealed by act of July 4, 1836.

6. An act to promote the progress of useful arts, and to repeal all acts heretofore made for that purpose, passed July 4, 1836, ch. 357.

7. An act authorizing the commissioner of the patent office to issue patents to Angier Marsh Perkins, and John Howard Ryan, passed March 31, 1838.

8. An act in addition to an act to promote the progress of the usesul arts, passed March 3, 1839, chap. 87. Altered by act of August 29, 1842, chap. 263.

9. An act in addition to an act to promote the progress of the useful arts, and to repeal all acts here. tofore made for that purpose, passed August 29, 1842, chap. 263.

The following cases have been decided in the courts of the United States, upon the laws granting patents for new and useful inventions :

1. On the form and subjects of patents,-Invention and Discovery,—the Specification and Description. -Evans v. Eaton, 3 Wheat. 454; 4 Cond. Rep. 291. Pennock v. Dialogue, 2 Peters, 16. Grant et al. v. Raymond, 6 Peters, 218. Shaw v. Cooper, 7 Peters, 292. Prouty v. Ruggles, 16 Peters, 336.

Whittemore v. Cutter, 1 Gallis. C. C. R. 429, 478. Odiorne v. Winkley. 2 Gallis. C. C. R. 51. Stearns t. Barrett. 1 Mason's C. C. R. 153. Lowell v. Lewis, 1 Mason's C. C. R. 182. Bedford v. Hunt, 1 Mason's C. C. R. 302. Kneass v. The Schuylkill Bank, 4 Wash. C. C. R. 9. Barrett et al. v. Hall et al., 1 Mason's C. C. R. 447. Odiorne v. The Amesbury Nail Factory, 2 Mason's C. C. R. 28. Moody v. Fisk et al., 2 Mason's C. C. R. 112. Langdon v. De Groot, Paine’s C. C. R. 203. Goodyear v. Matthews, Paine's C. C. R. 300. Morris v. Huntingdon, Paine's C. C. R. 348. Sullivan v. Redfield et al., Paine's C. C. R. 441. Rutgen v. Kanowers, 1 Wash. C. C. R. 168. Evans v. Chambers, 2 Wash. C.C. R. 125. Evans v. Eaton, 3 Wash. C. C. R. 443; Peters' C. C. R. 322. Dixon v. Moyer, 4 Wash. C. C. R. 68. Gray et al. v. James et al., Peters' C. C. R. 394. Mellus v. Silsbee, 4 Mason's C. C. R. 108. Ames v. Howard, 1 Sumner's C. C. R. 482. Delano v. Scoti, Gilpin's D. C. R. 489. Wood v. Williams, ibid. 517. Evans v. Jordan et al., 1 Brockenb. C. C. R. 248. Davis v. Palmer, 2 Brockenb. C. C. R. 298. Ryan v. Goodwin, 3 Sumner's C. C. R. 514. Blanchard v. Sprague, 3 Sumner's C. C. R. 279. Alden v. Dewey, 1 Story's C. C. R. 336. Prouty v. Draper, ibid. 568. "Reed v. Cutter, ibid. 590. Stone v. Sprague, ibid. 270.

Infringement of Patent Rights.- Evans v. Jordon et al., 9 Cranch, 199; 3 Cond. Rep. 358. Keplenger v. De Young, 10 Wheat. 358; 6 Cond. Rep. 135. Shaw v. Cooper, 7 Peters, 292. Whittemore v. Cutter,

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of a patent.

Repealed by for the department of war, and the Attorney General of the United the act of 21st Feb. 1793, ch.

States, setting forth, that he, she, or they, hath or have invented or dis11.

covered any useful art, manufacture, engine, machine, or device, or any The Secretary improvement therein not before known or used, and praying that of State, the Sec. of war, and

a patent may be granted therefor, it shall and may be lawful to and the Attorney

for the said Secretary of State, the Secretary for the department of General, or any war, and the Attorney General, or any two of them, if they shall deem two of them, if the invention or discovery sufficiently useful and important, to cause the invention, letters patent to be made out in the name of the United States, to bear &c. useful and teste by the President of the United States, reciting the allegations and important, to

suggestions of the said petition, and describing the said invention or discause letters patent to be is. covery, clearly, truly and fully, and thereupon granting to such petitioner sued.

or petitioners, his, her or their heirs, administrators or assigns for any Continuance

term not exceeding fourteen years, the sole and exclusive right and liberty of making, constructing, using and vending to others to be used, the said invention or discovery; which letters patent shall be delivered to the Attorney General of the United States to be examined, who shall,

within fifteen days next after the delivery to him, if he shall find the Attorney Gen. same conformable to this act, certify it to be so at the foot thereof, and eral to certify present the letters patent so certified to the President, who shall cause the conformity of the patent

the seal of the United States to be thereto affixed, and the same shall be with this act. good and available to the grantee or grantees by force of this act, to all

Patents to be and every intent and purpose herein contained, and shall be recorded in recorded.

a book to be kept for that purpose in the office of the Secretary of State, and delivered to the patentee or his agent, and the delivery thereof shall be entered on the record and endorsed on the patent by the said Secre

tary at the time of granting the same. Specification SEC. 2. And be it further enacted, That the grantee or grantees of a draft or model each patent shall, at the time of granting the same, deliver to the Secre thereof to be de. tary of State a specification in writing, containing a description, accomlivered and filed panied with drafts or models, and explanations and models (if the nature in the office of of the invention or discovery will admit of a model) of the thing or the Secretary of State.

things, by him or them invented or discovered, and described as aforesaid, in the said patents; which specification shall be so particular, and said models so exact, as not only to distinguish the invention or discovery from other things before known and used, but also to enable a workman or other person skilled in the art or manufacture, whereof it is a branch, or wherewith ii may be nearest connected, to make, construct, or use the same, to the end that the public may have the full benefit thereof, after the expiration of the patent term; which specifica

tion shall be filed in the office of the said Secretary, and certified copies 1 Gallis. C. C. R. 429. Gray and Osgood v. James, Peters' C. C. R. 394. Sawin et al. v. Guild, 1 Gallis. C. C. R. 435. Lowell v. Lewis, 1 Mason's C. C. R. 182. Kneass v. The Schuylkill Bank, 4 Wash. C. C. R. 106. Barrett et al, v. Hall et al., 1 Mason's C. C. R. 447. Boston Manufacturing Company v. Fiske et al., 2 Mason's C. C. R. 119. Dawson v. Follen, 2 Wash. C.C. R. 311. Evans v. Weiss 2 Wash, C. C. R. 342. Parke v. Little et al., 3 Wash, C. C. R. 196. Evans v. Eaton, Peters' C. C. R. 322. The Philadelphia and Trenton Railroad Company v. Stimpson, 14 Peters, 448.

Proceedings and Pleadings for Violation of Patent Rights.-Ex parte Wood and Brundage, 9 Wheat. 603; 5 Cond. Rep. 702. Grant v. Raymond, 6 Peters, 218. Whittemore v. Cutter, 1 Gallis. C. C. R. 429. Stearns v. Barrett, 1 Mason's C. C. R. 153. Sullivan v. Redfield et al., Paine's C. C. R. 441. ecutors of Fulton v. Meyers, 4 Wash. C. C. R. 220. Pettibone v. Derringer, 4 Wash. C. C. R. 215. Kneass v. The Schuylkill Bank, 4 Wash. C. C. R. 106. Dixon v. Moyer, 4 Wash. C. C. R. 68. Isaacs v. Cooper, 4 Wash. C. C. R. 259. Evans v. Kremer, Peters' C. C. Ř. 215. Ames v. Howard, 1 Sumner's C. C. R. 482.

Evidence in Actions for the Violation of Patent Rights.-Evans o. Eaton, 3 Wheat. 454; 4 Cond. Rep. 291. Evans v. Hettick, 7 Wheat. 453; 5 Cond. Rep. 317. Whittemore v. Cutter, 1 Gallis. C. C. R. 478. Odiorne v. Winkley, 2 Gallis. C.C. R. 51. Stearns v. Barrett, 1 Mason's C. C. R. 153. Kneass v. The Schuylkill Bank, 4 Wash. C. C. R. 106. Dixon v. Moyer, 4 Wash. C. C. R. 68. Evans v. Eaton, Peters' C.C. R. 322.

Surrender and Repeal of Patents.—Ex parte Wood and Brundage, 9 Wheat. 603; 5 Cond. Rep. 702. The Philadelphia and Trenton Railroad Company v. Stimpson, 14 Peters, 448. Shaw v. Cooper, 7 Peters, 292. Grant 0. Raymond, 6 Peters, 218. Delano v. Scoit, Gilpin's C. C. R. 489. Stearns v. Barrett, i Mason's C. C. R. 153. Morris v. Huntingdon, Paine's C. Ć. R. 343. See post 318.

See also Peters's Digest, Patents for useful inventions.

Ex

jury.

thereof, shall be competent evidence in all courts and before all jurisdic- Certified copies tions, where any matter or thing, touching or concerning such patent, to be evidence. right, or privilege, shall come in question.

Sec. 3. And be it further enacted, That upon the application of any Copies of spe. person to the Secretary of State, for a copy of any such specification, models may be and for permission to have similar model or models made, it shall be the taken. duty of the Secretary to give such copy, and to permit the person so applying for a similar model or models, to take, or make, or cause the same to be taken or made, at the expense of such applicant. Sec. 4. And be it further enacted, That if any person or persons shall

Penalty for devise, make, construct, use, employ, or vend within these United making, &c. any States, any art, manufacture, engine, machine or device, or any in- which a patent vention or improvement upon, or in any art, manufacture, engine, has been grantmachine or device, the sole and exclusive right of which shall be so as aforesaid granted by patent to any person or persons, by virtue and in pursuance of this act, without the consent of the patentee or patentees, their executors, administrators or assigns, first had and obtained in writing, every person so offending, shall forfeit and pay to the said patentee or patentees, his, her or their executors, administrators or assigns such damages as shall be assessed by a jury, and moreover shall

Damages to

be assessed by a forfeit to the person aggrieved, the thing or things so devised, made, constructed, used, employed or vended, contrary to the true intent of this act, which may be recovered in an action on the case founded on this act.

Sec. 5. And be it further enacted, That upon oath or affirmation made before the judge of the district court, where the defendant resides, that any patent which shall be issued in pursuance of this act, was obtained surreptitiously by, or upon false suggestion, and motion made to the said court, within one year after issuing the said patent, but not Patents sur. afterwards, it shall and may be lawful to and for the judge of the said reptitiously obdistrict court, if the matter alleged shall appear to him to be sufficient, tained, to grant a rule that the patentee or patentees, his, her, or their executors, administrators or assigns, show cause why process should not issue against him, her, or them, to repeal such patents; and if sufficient cause how to be ro. shall not be shown to the contrary, the rule shall be made absolute, and pealed. thereupon the said judge shall order process to be issued as aforesaid, against such patentee or patentees, his, her, or their executors, administrators, or assigns. And in case no sufficient cause shall be shown to the contrary, or if it shall appear that the patentee was not the first and true inventor or discoverer, judgment shall be rendered by such court for the repeal of such patent or patents; and if the party at whose complaint the process issued, shall have judgment given against him, he shall pay all such costs as the defendant shall be put to in defending the suit, to be taxed by the court, and recovered in such manner as costs expended by defendants, shall be recovered in due course of law.

Sec. 6. And be it further enacted, That in all actions to be brought In actions for by such patentee or patentees, his, her, or their executors, administrators penalty, patents or assigns, for any penalty incurred by virtue of this act, the said patents prima facie evi. or specifications shall be prima facie evidence, that the said patentee or dence of the

first discovery; patentees was or were the first and true inventor or inventors, discoverer

but special mat. or discoverers of the thing so specified, and that the same is truly specified; ter may be givbut that nevertheless the defendant or defendants may plead the general en in evidence ;

what issue, and give this act, and any special matter whereof notice in writ- and

effect. ing shall have been given to the plaintiff, or his attorney, thirty days before the trial, in evidence, tending to prove that the specification filed by the plaintiff does not contain the whole of the truth concerning his invention or discovery; or that it contains more than is necessary to produce the effect described; and if the concealment of part, or the addition of more than is necessary, shall appear to have been intended to

to

mislead, or shall actually mislead the public, so as the effect described cannot be produced by the means specified, then, and in such cases, the verdict and judgment shall be for the defendant.

Sec. 7. And be it further enacted, That such patentee as aforesaid, shall, before he receives his patent, pay the following fees to the several officers employed in making out and perfecting the same, to wit: For receiving and filing the petition, fifty cents; for filing specifications, per copy-sheet containing one hundred words, ten cents; for making out patent, two dollars; for affixing great seal, one dollar; for indorsing the day of delivering the same to the patentee, including all intermediate services, twenty cents.

APPROVED, April 10, 1790.

Patent fees.

STATUTE II.

April 15, 1790. Chap. VIII.-An Act further to suspend part of an act intituled "An act to regu

late the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandises imported into the United States," and to

amend the said act. Repealed. Act Section 1. Be it enacted by the Senate and House of Representaof Aug. 4; 1790, tives of the United States of America in Congress assembled, That so

. 35, sec. 74.

much of an act, intituled, "An act to regulate the collection of the duties Restriction by imposed by law on the tonnage of ships or vessels, and on goods, wares a former act, on and merchandises imported into the United States," as obliges ships or up the Potomac, vessels bound up the river Potomac to come to, and deposit manifests suspended until of their cargoes with the officers at Saint Mary's and Yeocomico, before Act of July 31, they proceed to their port of delivery, shall be and is hereby further sus1789, ch. 5. pended, from the first day of May next, to the first of May in the year

one thousand seven hundred and ninety-one. Additional Sec. 2. And be it further enacted, by the authority aforesaid, That ports of delivery the landing places in Windsor and East Windsor, in the State of Con

necticut, shall be ports of delivery, and be included in the district of New London,

APPROVED, April 15, 1790. STATUTE II. April 30, 1790. CAAP. IX.-An Act for the Punishment of certain Crimes against the United

States. Act of April SECTION 1. Be it enacted by the Senate and House of Representa2, , , sec. 19. Act of tives of the United States of America in Congress assembled, That if May 27, 1796, any person or persons, owing allegiance to the United States of America, ch, 36, sec. shall levy war against them, or shall adhere to their enemies, giving them 1. Act of April aid and comfort within the United States or elsewhere, and shall be 24, 1800, ch. 35. thereof convicted, on confession in open court, or on the testimony of Act of March two witnesses to the same overt act of the treason whereof he or they Act of March 3, shall stand indicted, such person or persons shall be adjudged guilty of 1825, ch. 65.

treason against the United States, and shall suffer death.(a) What

Sec. 2. And be it ( further enacted, That if any person or persons, shall be ad. judged treason. having knowledge of the commission of any of the treasons aforesaid, How proved and shall conceal and not as soon as may be disclose and make known the punished. same to the President of the United States, or some one of the judges Misprision of

thereof, or to the president or governor of a particular state, or some one of the judges or justices thereof, such person or persons on conviction shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.

cases

treason.

(a) Treason.—To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force, a treasonable purpose. Ex parte Bollman and Swartwout, 4 Cranch, 75; 2 Cond. Rep. 33. The United States v. Vigol, 2 Dall, 346. The United States v. Vilatto, 2 Dall. 370. The United States v. The Insurgents of Pennsylvania, 2 Dall. 335. The United States v. Mitchell, 2 Dall. 348. The United States v. Stuart, 2 Dall. 343; 1 Burr's Trial, 14; 2 Burr's Trial, 401.

sec. 4.

Sec. 3. And be it further enacted, That if any person or persons

Murder in a shall, within any fort, arsenal , dock-yard, magazine, or in any other place under the exclu?

fort or arsenal, or district of country, under the sole and exclusive jurisdiction of the sive jurisdiction United States, commit the crime of wilful murder, such person or per- of the U. S. to sons on being thereof convicted shall suffer death.(a)

be punished with

death. Sec. 4. And be it also enacted, That the court before whom Act of March any person shall be convicted of the crime of murder, for which he or 3, 1825, ch.65, she shall be sentenced to suffer death, may at their discretion, add to

and court may the judgment, that the body of such offender shall be delivered to a sur- order offender's geon for dissection; and the marshal who is to cause such sentence to body to be disbe executed, shall accordingly deliver the body of such offender, after

sected. execution done, to such surgeon as the court shall direct, for the purpose

aforesaid : Provided, That such surgeon, or some other person by him appointed for the purpose, shall attend to receive and take away the dead body at the time of the execution of such offender. Sec. 5. And be it further enacted, That if any person or persons

Rescue of a shall, after such execution had, by force rescue or attempt to rescue the for dissection,

body ordered body of such offender out of the custody of the marshal or his officers, punishment for. during the conveyance of such body to any place for dissection as aforesaid; or shall by force rescue or attempt to rescue such body from the house of any surgeon, where the same shall have been deposited in pursuance of this act; every person so offending, shall be liable to a fine not exceeding one hundred dollars, and an imprisonment not exceeding twelve months.

Sec. 6. And be it [further] enacted, That if any person or persons having Misprision of knowledge of the actual commission of the crime of wilful murder or

felony, what

cases shall be other felony, upon the high seas, or within any fort, arsenal, dock-yard, judged, and magazine, or other place or district of country, under the sole and ex- how punished. clusive jurisdiction of the United States, shall conceal, and not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, on conviction thereof, such person or persons shall be adjudged guilty of misprision of felony, and shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.

Sec. 7. And be it [further) enacted, That if any person or persons shall Manslaughter within any fort, arsenal, dock-yard, magazine, or other place or district of in a fort, arse. country, under the sole and exclusive jurisdiction of the United States, punished. commit the crime of manslaughter, and shall be thereof convicted, such Act of March person or persons shall be imprisoned not exceeding three years, and 3, 1825, ch, 65,

sec. 4, 6, 7. fined not exceeding one thousand dollars.

Sec. 8. And be its further)enacted, That if any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of

Piracy and

felony, what the jurisdiction of any particular state, murder or robbery, or any other cases shall be offence which if committed within the body of a county, would by the judged, where

(a) Murder.-Congress have not in the 8th section of the act of April 30, 1790, for the prevention of certain crimes against the United States, exercised the power, if any such is given by the constitution of the United States, of conferring jurisdiction on the courts of the United States of a murder committed on the waters of a State where the tide ebbs and flows. United States v. Bevans, 3 Wheat. 336 ; 4 Cond. Rep. 275.

The 3d article of the constitution of the United States, which declares that “the judicial power of the United States shall extend to all cases of admiralty and maritime jurisdiction,” vests in the United States exclusive jurisdiction of all such cases; and a murder committed on the waters of a State where the tide ebbs and flows, is a case of admiralty and maritime jurisdiction. Ibid.

The courts of the United States have jurisdiction of a murder committed on the high seas from a ves. sel belonging to the United States, by a foreigner being on board of such vessel, upon another foreigner being on board of another vessel. 5 Wheat. 184; 4 Cond. Rep. 623.

The courts of the United States have jurisdiction, under the act of April 30, 1790, of a murder committed on the high seas, although not committed on board of a vessel of the United States, as if she had no national character, but was held by pirates or persons not sailing under the flag of any foreign nation. The United States v. Holmes et al., 5 Wheat. 412; 4 Cond. Rep. 708. See also United States v. Magill, 1 Wash. C. C. R. 463. United States v. Drew, 5 Mason's C. c. R. 28. United States v.Freeman, 4 Mason's C. C. R. 505. United States v. Ross, i Gallis. C. C. R. 624. Dexter v. Spear, 4 Mason's C. C. R. 115. The United States v. Cornell, 2 Mason's C. C. R. 91.

Vol. I.-15

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