cations de pending under for mer law thall be profecuted taining an exclufive right under this act, but on relinquishing his right under fuch particular ftate, and of fuch relinquifhment, his obtaining an exclusive right under this act shall be fufficient evidence. Sec. 8. And be it further enacted, That the perfons, whofe applications for patents, were, at the time of paffing this act, depending before the Secretary of State, Secretary at War, and Attorney General, according to the act, under this paffed the fecond feffion of the firft Congrefs intitled, "An act to promote the progrefs of ufeful arts," on complying with the conditions of this act, and paying the fees herein required, may pursue their refpective claims to a patent under the fame. act. Sect. 9. And be it further enacted, That in cafe of interfering applications, the fame fhall be fubmitted to the arbitration of three perfons, one of whom fhall be chofen by each of the applicants, and the third perfon fhall be appointed by the Secretary of State; and the decifion or award of fuch arbitrators, delivered to the Secretary of State, in writing and fubfcribed by them, or any two of them, fhall be final, as far as refpects the granting of the patent: And if either of the applicants fhall refufe or fail to choose an arbitrator, the patent fhall iffue to the oppofite party. And where there fhall be more than two interfering applications, and the parties applying fhall not all unite in appointing three arbitrators, it shall be in the power of the Secretary of State to appoint three arbitrators for the purpose. Sec. 10. And be it further enacted, That, upon oath or affirmation being made, before the judge of the district court, where the paten obtaining tee, his executors, adminiftrators or affigns And a gainst perrefide, that any patent, which fhall be iffued fousfurrepin pursuance of this act, was obtained furreptitiously titiously, or upon falfe fuggeftion, and motion patents. made to the faid court, within three years after iffuing the faid patent, but not afterwards, it fhall and may be lawful for the judge of the said district court, if the matter alledged fhall appear to him to be fufficient, to grant a rule, that the patentee, or his executor, adminiftrator or affign, fhew caufe, why procefs fhould not iffue against him to repeal fuch patent. And if fufficient caufe fhall not be fhewn to the contrary, the rule fhall be made abfolute, and thereupon the faid judge fhall order process to be iffued against such patentee, or his execu tors, adminiftrators or affigns, with cofts of fuit. And in cafe, no fufficient cause shall be fhewn to the contrary, or if it fhall appear, that the patentee was not the true inventor or difcoverer, judgment fhall be rendered by fuch court for the repeal of fuch patent; and if the party, at whofe complaint the process iffued, fhall have judgment given against him,. he fhall pay all fuch cofts, as the defendant fhall be put to, in defending the fuit, to be taxed by the court, and recovered in due course of law. fenting pe dollars in Sec. 11. And be it further enacted, That every inventor, before he prefents his petition Inventor to the Secretary of State, fignifying his defire before preof obtaining a patent, fhall pay into the Trea- tition to fury thirty dollars, for which he fhall take pay thirty duplicate receipts; one of which receipts he to the trea fhall deliver to the Secretary of State, when fury. he prefents his petition: and the money, thus paid, fhall be in full for the fundry fervices, to be performed in the office of the Secretary Copying fees. Former act repealed. of State, confequent on fuch petition, and shall pafs to the account of clerk-hire in that office. Provided nevertheless, That for every copy, which may be required at the faid office, of any paper respecting any patent, that has been granted, the perfon obtaining fuch copy, fhall pay at the rate of twenty cents, for every copy-fheet of one hundred words, and for every copy of a drawing, the party obtaining the fame, fhall pay two dollars: of which payments, an account shall be rendered, annually, to the treasury of the United States, and they fhall alfo pass to the account of clerk-hire, in the office of the Secretary of State. Se&. 12. And be it further enacted, That the act, paffed the tenth day of April, in the year one thousand feven hundred and ninety, intitled, "An act to promote the progrefs of ufeful arts," be, and the fame is hereby repealed. Provided always, That nothing, contained in this act, fhall be conftrued to invalidate any patent, that may have been granted under the authority of the said act; and all patentees under the faid act, their executors, adminiftrators and affigns, fhall be confidered within the purview of this act, in respect to the violation of their rights: Provided, fuch violations fhall be committed, after the paffing of this act. JONATHAN TRUMBULL, Speaker JOHN ADAMS, Vice-Prefident of the United APPROVED, February twenty-firft, 17934 GEORGE WASHINGTON, CHAPTER XII. ́· An Act to authorize the Comptroller of the Treafury to fettle the Account of Thomas Wishart, late a Lieutenant in the Army of the United States. (PRIVATE.) CHAPTER XIII. . An Act to authorize the Adjustment of a Claim CHAPTER XIV. An Act making Provifion for the Perfons therein mentioned: WH HEREAS Colonel John Harding, and Major Alexander Trueman, while employed in carrying meffages of peace to the hoftile Indians, were killed by the faid Indians: to the wi children BE it enacted by the Senate and Houfe of Reprefentatives of the United States of America, in Congress affembled, That four hundred and Allowance fifty dollars per annum for seven years, be al- dows and lowed to the widow and orphan-children of orphan the faid Colonel John Harding, and the fum of of J. Harthree hundred dollars per annum, for the fame ding & term of seven years, to the orphan-children man. of the faid Major Alexander Trueman, to commence on the first day of July, one thousand feven hundred and ninety-two, and to be paid Alex.True half yearly, at the Treafury, to the faid widow, and to the guardians of the faid orphan-children, or to their legal attornies. JONATHAN TRUMBULL, Speaker JOHN ADAMS, Vice-Prefident of the United APPROVED, February twenty-feventh, 1793: Duty on ported for breed, to be CHAPTER XV. An Act for repealing the feveral Impost-Laws of the United States, fo far as they may be deemed to impofe a Duty on ufeful Beafts imported for Breed. E it enacted by the Senate and House of Re B of of prefentatives of the United States of America, in Congress affembled, That the feveral laws beafts im. of the United States, impofing duties on goods, wares and merchandize imported into the Unirepealed. ted States, fo far as they may be deemed to impose a duty on horfes, cattle, fheep, fwine or other useful beasts, imported into the United States, for breed, fhall be repealed. JONATHAN TRUMBULL, Speaker JOHN ADAMS, Vice-Prefident of the United APPROVED, February twenty-feventh, 1793: Prefident of the United States. |