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Rules adopted by the Supreme Court of the United States for practice and procedure under section 25 of An Act to amend and consolidate the acts respecting copyright, approved March 4, 1909. To go into effect July 1, 1909.

1.

The existing rules of equity practice, so far as they may be applicable, shall be enforced in proceedings instituted under section twenty-five (25) of the act of March fourth, nineteen hundred and nine, entitled "An act to amend and consolidate the acts respecting copyright."

2.

A copy of the alleged infringement of copyright, if actually made, and a copy of the work alleged to be infringed, should accompany the petition, or its absence be explained; except in cases of alleged infringement by the public performance of dramatic and dramaticomusical compositions, the delivery of lectures, sermons, addresses, and so forth, the infringement of copyright upon sculptures and other similar works and in any case where it is not feasible.

3.

Upon the institution of any action, suit, or proceeding, or at any time thereafter, and before the entry of final judgment or decree therein, the plaintiff or complainant, or his authorized agent or attorney, may file with the clerk of any court given jurisdiction under section 34 of the act of March 4, 1909, an affidavit stating upon the best of his knowledge, information, and belief, the number and location, as near as may be, of the alleged infringing copies, records, plates, molds, matrices, etc., or other means for making the copies alleged to infringe the copyright, and the value of the same, and with such affidavit shall file with the clerk a bond executed by at least two sureties and approved by the court or a commissioner thereof.

4.

Such bond shall bind the sureties in a specified sum, to be fixed by the court, but not less than twice the reasonable value of such infringing copies, plates, records, molds, matrices, or other means for making such infringing copies, and be conditioned for the prompt prosecution of the action, suit or proceeding; for the return of said articles to the defendant, if they or any of them are adjudged not to be infringements, or if the action abates, or is discontinued before they are returned to the defendant; and for the payment to the defendant of any damages which the court may award to him against the plaintiff or complainant. Upon the filing of said affidavit and bond, and the approval of said bond, the clerk shall issue a writ directed to the marshal of the district where the said infringing copies, plates, records, molds, matrices, etc., or other means of making such infringing copies shall be stated in said affidavit to be located, and generally to any marshal of the United States, directing the said marshal to forthwith seize and hold the same subject to the order of the court issuing said writ, or of the court of the district in which the seizure shall be made.

5.

The marshal shall thereupon seize said articles or any smaller or larger part thereof he may then or thereafter find, using such force as may be reasonably necessary in the premises, and serve on the defendant a copy of the affidavit, writ, and bond by delivering the same to him personally, if he can be found within the district, or if he can not be found, to his agent, if any, or to the person from whose possession the articles are taken, or if the owner, agent, or such person can not be found within the district by leaving said copy at the usual place of abode of such owner or agent, with a person of suitable age and discretion, or at the place where said articles are found, and shall make immediate return of such seizure, or attempted seizure, to the court. He shall also attach to said articles a tag or label stating the fact of such seizure and warning all persons from in any manner interfering therewith.

6.

A marshal who has seized alleged infringing articles, shall retain them in his possession, keeping them in a secure place, subject to the order of the court.

7.

Within three days after the articles are seized, and a copy of the affidavit, writ and bond are served as hereinbefore provided, the defendant shall serve upon the clerk a notice that he excepts to the amount of the penalty of the bond, or to the sureties of the plaintiff or complainant, or both, otherwise he shall be deemed to have waived all objection to the amount of the penalty of the bond and the sufficiency of the sureties thereon. If the court sustain the exceptions it may order a new bond to be executed by the plaintiff or complainant, or in default thereof within a time to be named by the court, the property to be returned to the defendant.

8.

Within ten days after service of such notice, the attorney of the plaintiff or complainant shall serve upon the defendant or his attorney a notice of the justification of the sureties, and said sureties shall justify before the court or a judge thereof at the time therein stated.

9.

The defendant, if he does not except to the amount of the penalty of the bond or the sufficiency of the sureties of the plaintiff or complainant, may make application to the court for the return to him of the articles seized, upon filing an affidavit stating all material facts and circumstances tending to show that the articles seized are not infringing copies, records, plates, molds, matrices, or means for making the copies alleged to infringe the copyright.

10.

Thereupon the court in its discretion, and after such hearing as it may direct, may order such return upon the filing by the defendant of a bond executed by at least two sureties, binding them in a specified sum to be fixed in the discretion of the court, and conditioned for the delivery of said specified articles to abide the order of the court. The plaintiff or complainant may require such sureties to justify within ten days of the filing of such bond.

11.

Upon the granting of such application and the justification of the sureties on the bond, the marshal shall immediately deliver the articles seized to the defendant.

12.

Any service required to be performed by any marshal may be performed by any deputy of such marshal.

13.

For services in cases arising under this section, the marshal shall be entitled to the same fees as are allowed for similar services in other cases.

CORPORATIONS.

Immunity of Witnesses, see WITNESSES.

The Act of Jan. 27, 1907, ch. 420, to prohibit corporations from making political contributions, is repealed by sec. 341 of the Act of March 4, 1909, ch. 321, given infra, under the title PENAL LAWS, and the provision is incorporated in the Penal Laws.

For the corporation tax provisions in the Tariff Act of March 4, 1909, see the Appendix to this volume.

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COURTS.

See JUDICIARY; TERRITORIAL COURTS.
Naval Deck Courts, see NAVY.

CRIMES AND OFFENSES.

Meat and Packing-house Inspection, see ANIMALS.

Copyright Offenses, see COPYRIGHT.

False Stamping of Gold and Silver Ware, see FALSE STAMPING.
Adulterated or Misbranded Food and Drugs, see FOOD AND DRUGS.
Writs of Error Allowed United States, see JUDICIARY.

Code of Penal Laws, see PENAL LAWS.

And see generally, GAME ANIMALS AND BIRDS; HEALTH AND QUARANTINE; IMMIGRATION; INTERSTATE COMMERCE; NATURALIZATION; RAILROADS; SEAMEN.

CROP REPORTS.

See AGRICulture.

CURRENCY.

Offenses against, see PENAL LAWS.

CURRENCY ASSOCIATIONS.

See NATIONAL BANKS,

CUSTOMS DUTIES.

Act of May 28, 1906, Ch. 2552, 100.

Oswego, N. Y., Granted Immediate Transportation Privileges, 100.

Act of June 19, 1906, Ch. 3486, 101.

Sec. 1. Sabine, Tex., Collection District Established — Description - Port Arthur Made Port of Entry-Port Arthur Ship Canal, etc., Conveyed to

2.

Additional Land Conveyed

United States
Temporary Control -
Right to Sell, etc., Subject to Grant - Effect - Charges for Use of
Docks, etc., IOI.

Appointment of Collector

--

· Residence at Port Arthur

Duties, 102.

Salary, etc., 102.

3. Sabine Made Subport of Entry, etc., with Immediate Transportation Facilities - Deputy Collector

Act of June 23. 1906, Ch. 3519, 102.

Salt Lake City, Utah Surveyor - Salary Increased, 102.

Act of June 28, 1906, Ch. 3569, 103.

Invoices-Authentications in Philippines, 103.

Act of June 29, 1906, Ch. 3625, 103.

Superior, Wis., Granted Immediate Transportation Privileges, 103.
Act of June 30, 1906, Ch. 3909, 103.

Shipping-Lading and Unlading Vessels - Special License for, at Night-
Extended to Bonded Carriers-Bond-Compensation for Inspectors,

103.

Act of June 30, 1906, Ch. 3914, 104.

Sec. 4. Collecting Customs Revenue-Employment of Counsel - Board of General Appraisers Solicitor to Be Appointed Assistants Duties Salaries-Not Subject to Civil-service Law - Chicago - Salary of Appraiser, 104.

Act of Feb. 1, 1907, Ch. 444, 104.

Reports-Com

Assistant Appraisers, New York-Number Increased, 104.
Special Deputy and Deputy Appraisers - Duties, etc. -
pensation, 105.

Act of Feb. 6, 1907, Ch. 470, 105.

Brunswick, Ga., Granted Immediate Transportation Privileges, 105.

Act of Feb. 6, 1907, Ch. 471, 105.

Deputy Collectors to Be Appointed by Secretary of Treasury - Reports —
Bond, 105.

Act of March 4, 1907, Ch. 2918, 106.

Officers to Be Paid from Permanent Appropriation, 106.

Act of Feb. 11, 1908, Ch. 20, 106.

Chattanooga, Tenn., Granted Immediate Transportation Facilities, 106.

Act of Feb. 11, 1908, Ch. 21, 106.

Sec. 1. Fairfield Collection District, Conn., Changed to Bridgeport, 106. 2. Collector, 106.

Act of Feb. 11, 1908, Ch. 22, 106.

Knights Key, Fla., Granted Immediate Transportation Facilities, 106. Act of Feb. 24, 1908, Ch. 35, 107.

Norwalk, Stamford, and Greenwich, Conn., Granted Immediate Transportation Privileges, 107.

For the Tariff Act of Aug. 5, 1909, see Appendix to this volume.

Act of Feb. 24, 1908, Ch. 36, 107.

Alburg, Vt., Granted Immediate Transportation Privileges, 107.

Act of April 6, 1908, Ch. 135, 107.

Port Arthur, Tex., Granted Immediate Transportation Facilities, 107.

Act of May 23, 1908, Ch. 187, 107.

Sec. 1. San Francisco Collection District — Monterey and Port Harford Made Subports of Entry, 107.

2. Temporary Detail of Customs Officers, 108.

3. Petroleum Vessels Repeal, 108.

4. Port Arthur, Tex.- Immediate Transportation Privileges Extended to,

108.

5. Grand Rapids Collection District, Michigan-Petoskey Made Subport of Entry, 108.

6. Immediate Transportation Privileges Extended to Petoskey, 108.

7. Saint Vincent, Minn. — Immediate Transportation Privileges Extended to,

108.

Act of May 27, 1908, Ch. 205, 109.

Sec. 1. Collection of Customs Revenue

Board of General Appraisers, 109.

Appeal from Collector's Decision as to Dutiable Charge, etc., 109.

2. Review by Court, 110.

3. General Appraisers -Term of Office - Salaries Increased - Powers of,

etc., III.

4. Repeal, 111.

5. Effect, 111.

Act of Feb. 23, 1909, Ch. 171, III.

Sec. 1. Blaine and Sumas, Wash., Granted Immediate Transportation Facilities,

III.

2. Repeal, 112.

Act of Feb. 27, 1909, Ch. 226, 112.

Ranier, Minn., Made Subport of Entry-Immediate Transportation
Facilities Granted, 112.

Act of March 3, 1909, Ch. 261, 112.

Corry, Pa., Made a Port of Delivery and Granted Immediate Transportation Facilities, 112.

Act of March 4, 1909, Ch. 314, 112.

Sec. 1. Pay of Laborers, 112.

2. Pay of Inspectors, 112.

3. Pay of Deputy Collectors, Assistant Appraisers, Examiners, etc., 113. 4. Pay of Deputy Naval Officers and Surveyors, 113.

5. San Francisco- Additional Pay to Appraisers at, 113.

6. Pay of Assistant Weighers, 113.

7. Treasurer of United States - Salary, 113.

8. Repeal, 113.

CROSS-REFERENCES.

In Philippine Islands, see APPENDIX TO THĻS VOLUME.

Revenue Marine, see REVEenue marINE-REVENUE-CUTter ser VICE.

An Act To extend the privileges of the seventh section of the Act approved June tenth, eighteen hundred and eighty, to the port of Oswego, New York.

[Act of May 28, 1906, ch. 2553, 34 Stat. L. 199.]

[Oswego, N. Y., granted immediate transportation privileges.] That the privileges of the seventh section of the Act approved June tenth, eighteen hundred and eighty, entitled "An Act to amend the statutes in relation to immedi

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