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assigns reside, that any patent,which shall be issued in pursuance of this act, was obtained surreptitiously, or upon false suggestion, and motion made to the said court, within three years after issuing the said patent, but not afterwards, it shall and may be lawful for the judge of the said district court, if the matter alleged shall appear to him to be sufficient, to grant a rule, that the patentee, or his executor, administrator or assign, shew cause, why process should not issue against him to repeal such patent. And if sufficient cause shall not be shewn to the contrary, the rule shall be made absolute, and thereupon the said judge shall order process to be issued against such patentee, or his executors, administrators or assigns, with costs of suit. And in case, no sufficient cause shall be shewn to the contrary, or if it shall appear, that the patentee was not the true inventor or discoverer, judgment shall be rendered by such court for the repeal of such patent; 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 due course of law.
9. SECT. XI. Every inventor, before he presents his petition to the secretary of state, signifying his desire of obtaining a patent, shall pay into the treasury thirty dollars, for which he shall take duplicate receipts; one of which receipts he shall deliver to the secretary of state, when he presents his petition: And the money, thus paid, shall be in full for the sundry services, to be performed in the office of the secretary of state, consequent on such petition, and shall pass to the account of clerk-hire in that office. Provided nevertheless, That for every copy, which may be required at the said office, of any paper respecting any patent, that has been granted, the person obtaining such copy, shall pay at the rate of twenty cents, for every copy-sheet of one hundred words, and for every copy of a drawing, the party obtaining the same, shall pay two dollars: Of which payments, an account shall be rendered, annually, to the treasury of the united states, and they shall also pass to the account of clerk-hire, in the office of the secretary of
SECT. XII. repeals the act passed April 10, 1790, (Vol. I. p. 99.) with the proviso, That nothing, contained in this act, shall be construed to invalidate any patent, that may have been granted under the authority of the said act; and all patentees under the said act, their executors, administrators and assigns, shall be considered within the purview of this act, in respect to the violation of their rights: Provided, such vi⚫lation shall be committed, after the passing of this act.
ACT of April 17, 1800. (Vol. V. p. 88.)
10. SECT. I. All and singular the rights and privileges given, in tended or provided to citizens of the united states, respecting patents, for new inventions, discoveries, and improvements, by the act, entitled "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose," shall be, and hereby are extended and given to all aliens who at the time of petitioning in the manner prescribed by the said act, shall have resided for two years
within the united states, which privileges shall be obtained, used, and enjoyed, by such persons, in as full and ample manner, and under the same conditions, limitations and restrictions, as by the said act is provided and directed in the case of citizens of the united states. Provided always, That every person petitioning for a patent for any invention, art or discovery, pursuant to this act, shall make oath or affirmation before some person duly authorized to administer oaths before such patent shall be granted, that such invention, art or discovery hath not, to the best of his or her knowlege or belief, been known or used either in this or any foreign country; and that every patent which shall be obtained pursuant to this act, for any invention, art or discovery, which it shall afterwards appear had been known or used previous to such application for a patent, shall be utterly void. [See antea 1.]
11. SECT. II. Where any person hath made, or shall have made, any new invention, discovery or improvement, on account of which a patent might, by virtue of this or the abovementioned act, be granted to such person, and shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent, shall devolve on the legal representatives of such person in trust for the heirs at law of the deceased, in case he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations and restrictions, as the same was held or might have been claimed or enjoyed by such person, in his or her life time; and when application for a patent shall be made by such legal reprentatives, the oath or affirmation, provided in the third section of the beforementioned act, shall be so varied as to be applicable to them. [Sce antea 3.]
12. SECT. III. Where any patent shall be, or shall have been granted pursuant to this or the abovementioned act, and any person without the consent of the patentee, his or her executors, administrators or assigns first obtained in writing, shall make, devise, use, or sell the thing whereof the exclusive right is secured to the said patentee by such patent, such person so offending shall forfeit and pay to the said patentee, his executors, administrators or assigns, a sum equal to three times the actual damage sustained by such patentee, his executors, administrators, or assigns, from or by reason of such offence, which sum shall and may be recovered, by action on the case founded on this and the abovementioned act, in the circuit court of the united states, having jurisdiction thereof.
SECT. IV. is a repealing clause. [See Copy Right.]
ACT of March 2, 1799. (Vol. IV. p. 505.)
1. SECT. I. There shall be established at the seat of government of the united states, a general post-office, under the direction of a postmaster-general. The postmaster-general shall appoint an assistant, and such clerks as may be necessary for performing the business of his office: He shall establish post-offices, and appoint postmasters, at all such places as shall appear to him expedient, on the post-roads that are or may be established by law: He shall give his assistant, the postmasters, and all other persons whom he shall employ, or who may be employed in any of the departments of the general-post-office, instructions relative to their duty: He shall provide for the carriage of the mail on all post-roads that are or may be established by law, and as often as he, having regard to the productiveness thereof, and other circumstances, shall think proper: He may dire the route or road where there are more than one between places designated by law for a post-road, which route shall be considered the post-road: He shall obtain from the postmasters their accounts and vouchers for their receipts and expenditures once in three months, or oftner, with the balances thereon arising in favor of the general-post-office: He shall pay all expenses which may arise in conducting the post-office, and in the conveyance of the mail, and all other necessary expenses arising on the collection of the revenue, and management of the general-post-office: He shall prosecute offences against the post-office establishment: le shall once in three months render to the secretary of the treasury
a quarterly account of all the receipts and expenditures in the said department, to be adjusted and settled as other public accounts: He shall also superintend the business of the department in all the duties that are or may be assigned to it. Provided, That in case of the death, resignation or removal from office of the postmaster-general, all his duties shall be performed by his assistant, until a successor shall be appointed and arrive at the general-post-office to perform the business.
2. SECT. II. The postmaster-general, and all other persons employed in the general-post-office, or in the care, custody, or conveyance of the mail, shall, previous to entering upon the duties assigned to them, or the execution of their trusts, and before they shall be entitled to receive any emolument therefor, respectively take and subscribe the following oath or affirmation, before some magistrate, and cause a certificate thereof to be filed in the general-post-office, "1, A. B. do swear (or affirm, as the case may be) that I will faithfully perform all the duties required of me, and abstain from every thing forbidden by the laws in relation to the establishment of the post-office and post-roads within the united states." Every person who shall be in any manner employed in the care, custody, conveyance or management of the mail, shall be subject to all pains, penalties and forfeitures for violating the injunctions, or neglecting the duties required of him by the laws relating to the establishment of the post-office and post-roads, whether such person shall have taken the oath or affirmation above prescribed
3. SecT. III. If any person shall knowingly and wilfully obstruct or retard the passage of the mail, or of any driver or carrier, or of any horse or carriage* carrying the same, he shall, upon conviction, for every such offence, pay a fine not exceeding one hundred dollars: And if any ferryman shall, by wilful negligence or refusal to transport the mail across any ferry, delay the same, he shall forfeit and pay for each half hour that the same shall be so delayed, a sum not exceeding ten dollars.
4. SECT. IV. It shall be the duty of the postmaster-general to give public notice, in one or more of the newspapers published at the seat of government of the united states, and in one or more of the newspapers published in the state or states where the contract is to be per
It fhall be lawful for the poft mafter-general to provide, by contract, for the earriage of a mail on any road on which a ftage-waggon or other ftage-carriage fhall be established, on condition that the expenfe thereof shall not exceed the revenue thence ariling. [See Vol. III. p. 36.] .
It shall be lawful for the poft mafter-general to enter into contracts for a term not exceeding eight years, for extending the line of pofts, and to authorize the perfons, fo contracting, as a compenfation for their expenfes, to receive, during the continuance of fuch contracts, at rates, not exceeding thofe for like distances eftablished by this act, all the postage which hall arife on letters, newspapers, magazines, pamphlets and packets, conveyed by any fuch poft. And the roads delignated in fuch contracts fhall, during the continuance thereof, be deemed and confidered as poft-roads, within the provisions of this aft: And a duplicate of every fuch contract, fhall within fixty days after the execution thereof, be lodged in the office of the comptroller of the treafury of the united Atates. [See Vol. II. p. 36.]
formed, for at least six weeks before entering into any contract for carrying the mail, that such contract is intended to be made, and the day on which it is to be concluded, describing the places from and to which such mail is to be conveyed, the time at which it is to be made up, and the day and hour at which it is to be delivered: He shall, moreover, within ninety days after the making of any contract, lodge a duplicate thereof, together with the proposals which he shall have received respecting it, in the office of the comptroller of the treasury of the united states. Provided, That no contract shall be entered into for a longer term than four years.
5. SECT. V. Every postmaster shall keep an office, in which one or more persons shall attend at such hours as the postmaster-general shall direct, for the purpose of performing the duties thereof, and all letters brought to any post-office, half an hour before the time of making up the mail at such office, shall be forwarded therein; except at such postoffices, where, in the opinion of the postmaster-general, it requires more time for making up the mail, and which he shall accordingly prescribe, but this shall in no case exceed one hour.
6. SECT. VI. No fees or perquisites shall be received by any person employed in the general-post-office on account of the duties to be performed by virtue of his appointment.
7. SECT. VII. The following rates of postage shall be charged on all letters and packets (excepting such as hereinafter exempted) conveyed by the posts of the united states, viz.
For every letter composed of a single sheet of paper, conveyed not exceeding forty miles, eight cents.
Over forty, and not exceeding ninety miles, ten cents.
Over ninety, and not exceeding one hundred and fifty miles, twelve and an half cents.
Over one hundred and fifty, and not exceeding three hundred miles,
Over three hundred, and not exceeding five hundred miles, twenty
Over five hundred miles, twenty-five cents.
And for every double letter, or one composed of two pieces of paper, double those rates; and for every triple letter, or one composed of three pieces of paper, triple those rates; and for every packet composed of four or more pieces of paper, or other thing, and weighing one ounce avoirdupois, quadruple those rates, and in that proportion for all greater weight: Provided, That no packet of letters conveyed by the water mails shall be charged with more than quadruple postage, unless the same shall actually contain more than four distinct letters. No postmaster shall be obliged to receive, to be conveyed by the mail, any packet which shall weigh more than three pounds.
8. SECT. VIII. Every letter or packet brought into the united states, or carried from one port therein to another, in any private ship or vessel, shall be charged with six cents, if delivered at the post-office where the same shall arrive, and if destined to be conveyed by post to any other place, with two cents added to the ordinary rates of postage.