Pensions to invalids. amount of ters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy or whiskey, or the value thereof, at the contract price where the same shall become due, and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations. § 11. That if any commissioned officer, noncommissioned officer, private, or musician, aforesaid, shall be wounded or disabled, while in the line of his duty in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations as shall be directed by the preProviso as to sident of the United States, for the time being: Provided always, That the rate of compensation for such wounds or disabilities, shall never exceed, for the highest disability, half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; and that the rate of compensation to noncommissioned officers, privates and musicians, shall never exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive only a sum in proportion to the highest disability. pension. Proviso as to inferior disabilities. Officers, privates, &c. to take an oath. Form of the oath. Troops to be governed by the rules and articles of war, &c. Act of the 29th of September, 1789, repealed.. Act of 1789, ch. 25. declining to § 12. That every commissioned officer, noncommissioned officer, private and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: "I, A. B. do solemnly swear, or affirm, (as the case may be) to bear true allegiance to the United States of America, and to serve them honestly and faithfully, against all their enemies or opposers whomsoever, and to observe and obey the orders of the president of the United States of America, and the orders of the officers appointed over me, according to the articles of war." § 13. That the commissioned officers, noncommissioned officers, privates and musicians, aforesaid, shall be governed by the rules and articles of war, which have been established by the United States in congress assembled, as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be established. §14. That the "act for recognising, and adapting to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in congress assembled, and for other purposes therein mentioned," passed the twenty-ninth day of September, one thousand seven hundred and Noncommis- eighty-nine, be, and the same is, hereby repealed: Provided sioned officers always, That the noncommissioned officers and privates, contiand privates, nued and engaged under the aforesaid act of the twenty-ninth re-enlist, may day of September, one thousand seven hundred and eighty-nine, be discharged, and who shall decline to re-enlist under the establishment made &c. by this act, shall be discharged whenever the president of the United States shall direct the same. Provided further, That the whole number of noncommissioned officers, privates and musicians, in the service of the United States at any one time, either by virtue of this ac', or by virtue of the aforesaid act, passed the twenty-ninth day of September, one thousand seven hundred and eighty-nine, shall not exceed the number of one thousand two President may hundred and sixteen. Proviso; the whole number of troops not to exceed 1,216. call militia in § 15. That for the purpose of aiding the troops now in seraid of the reg vice, or to be raised by this act, in protecting the inhabitants of ular troops, &c. the frontiers of the United States, the president is hereby authorized to call into service, from time, such part of the militia of the states, respectively, as he may judge necessary for the pur. pose aforesaid; and that their pay and subsistence, while in service, be the same as the pay and subsistence of the troops abovementioned, and they shall be subject to the rules and articles of war. [Approved, April 30, 1790.] CHAP. 38. [11] An act to prescribe the mode in which the public acts, Vol. ii. p. 947. records, and judicial proceedings, in each state, shall be authenticated so as to take effect in every other state. cated by state § 1. Be it enacted, &c. That the acts of the legislatures of the Legislative several states shall be authenticated by having the seal of their acts authentirespective states affixed thereto: That the records and judicial seal. proceedings of the courts of any state shall be proved or admit- Judicial proed, in any other court within the United States, by the attesta- ceedings by clerk, seal, tion of the clerk, and the seal of the court annexed, if there be and certificate a seal, together with a certificate of the judge, chief justice, or of judge. presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceed- Faith and creings, authenticated as aforesaid, shall have such faith and credit dit in courts given to them, in every court within the United States, as they -have, by law or usage, in the courts of the state from whence the said records are, or shall be, taken. [Approved, May 26, 1790.] CHAP. 39. [12] An act to provide for mitigating or remitting the forfeit ures and penalties, accruing under the revenue laws, in certain cases therein mentioned. within the United States. Expired. Vol. i. p. 200, 257. Mitigation or penalties, &c. remission of Judge to en quire, &c. § 1. Be it enacted, &c. That whenever any person who now is, or hereafter shall be, liable to a fine, penalty, or forfeiture, or interested in any vessel, goods, wares, or merchandise, or other thing which may be subject to seizure and forfeiture, by force of the laws of the United States, now existing, or which may hereafter exist, for collecting duties of impost and tonnage, and for regulating the coasting trade, shall prefer his petition to the judge of the district in which such fine, penalty, or forfei- Petition to - ture, may have accrued, truly and particularly setting forth the district judge. circumstances of his case, and shall pray that the saine may be mitigated or remitted; the said judge shall enquire, in a summary manner, into the circumstances of the case, first causing reasonable notice to be given to the person or persons claiming such fine, penalty, or forfeiture, and to the attorney of the United States for such district, that each may have an opportunity of showing cause against the mitigation or remission thereof; and shall cause the facts which shall appear upon such enquiry, to be stated and annexed to the petition, and direct their transmission to the secretary of the treasury of the United States, Secretary of who shall thereupon have power to mitigate or remit such fine, the treasury penalty, or forfeiture, or any part thereof, if in his opinion the may remit, same was incurred without wilful negligence or any intention of fraud, and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may deem reasonable and just. &c. the claim of informers, &c. Proviso; as to Provided, That nothing herein contained shall be construed to affect the right or claim of any person, to that part of any fine, penalty, or forfeiture, incurred by breach of either of the laws aforesaid, which such person may be entitled to by virtue of the said laws, in cases where a prosecution has been commenced, or information has been given, before the passing of this act; the amount of which right and claim shall be assessed and valued by the judge of the district, in a summary manner. Limitation of § 2. That this act shall continue and be in force until the this act to the end of the next session of congress, and no longer. [Approved, 4th March, 1791. Expired. The act refer red to continu ed to 4th March, 1791. May 26, 1790.] CAAP. 40. [13.] An act to continue in force an act passed at the last session of congress, entitled "An act to regulate processes in the courts of the United States. § 1. Be it enacted, &c. That the act, entitled An act to regulate processes in the courts of the United States," passed on the twenty-ninth day of September last, shall be, and the same is hereby, continued in force until the end of the next session of congress, and no longer. [Approved, May 26, 1790.] Vol. i. p. 450, CHAP. 41. [14.] An act for the government of the territory of the United States, south of the river Ohio. 494. Territory south of the district; its privileges and government. 1. Be it enacted, &c. That the territory of the United States, Ohio to be one south of the river Ohio, for the purposes of temporary government, shall be one district; the inhabitants of which shall enjoy all the privileges, benefits, and advantages, set forth in the ordinance of the late congress, for the government of the territory of the United States northwest of the river Ohio. And the government of the said territory south of the Ohio, shall be similar to that which is now exercised in the territory northwest of the Ohio; except so far as is otherwise provided, in the conditions expressed in an act of congress of the present session, entitled "An act to accept a cession of the claims of the state of North Carolina, to a certain district of western territory." Vol. i. p. 32, 77. § 2. That the salaries of the officers, which the president of the United States shall nominate, and with the advice and consent of the senate appoint, by virtue of this act, shall be the same as those, by law established, of similar officers in the government northwest of the river Ohio. And the powers, duties, and emoluments, of a superintendent of Indian affairs, for the southern department, shall be united with those of the governor. [Approved, May 26, 1790]. CHAP. 42. [15.] An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, du ring the times therein mentioned. § 1. Be it enacted, &c. That from and after the passing of this act, the author and authors of any map, chart, book, or books, already printed within these United States, being a citizen or citizens thereof, or resident within the same, his or their executors, administrators, or assigns, who hath or have not transferred to any other person the copy-right of such map, chart, book, or books, share, or shares thereof; and any other person or persons, Purchasers, &c. being a citizen or citizens of these United States, or residents therein, his or their executors, administrators, or assigns, who hath or have purchased, or legally acquired the copyright of any &c. such map, chart, book or books, in order to print, reprint, publish, or vend, the same, shall have the sole right and liberty of Sole right, &c. printing, reprinting, publishing, and vending such map, chart, for 14 years, book or books, for the term of fourteen years, from the recording the title thereof in the clerk's office, as is hereinafter directed: And that the author and authors of any map, chart, book or books, already made and composed, and not printed or publish- of books comed, or that shall hereafter be made and composed, being a citi- posed, but not zen or citizens of these United States, or resident therein, and printed. his or their executors, administrators, or assigns, shall have the Authors, &c. sole right and liberty of printing, reprinting, publishing, and Sole right, &c. vending such map, chart, book or books, for the like term of fourteen years, from the time of recording the title thereof in the clerk's office, as aforesaid. And if, at the expiration of the said term, the author or authors, or any of them, be living, and a citizen or citizens of these United States, or resident therein, the same exclusive right shall be continued to him, or them, his or Exclusive their executors, administrators, or assigns, for the further term of right for 14 fourteen years: Provided, he or they shall cause the title there- years addiof to be a second time recorded, and publisbed in the same Proviso; as manner as is hereinafter directed, and that within six months to recording before the expiration of the first term of fourteen years afore- title a second said. tional. time. What shall § 2. That if any other person or persons, from and after the recording the title of any map, chart, book or books, and pub- be construed lishing the same as aforesaid, and within the times limited and an infraction granted by this act, shall print, reprint, publish, or import, or of copyright. cause to be printed, reprinted, published, or imported, from any foreign kingdom or state, any copy or copies of such map, chart, book or books, without the consent of the author or proprietor thereof, first bad and obtained in writing, signed in the presence of two or more credible witnesses; or knowing the same to be so printed, reprinted, or imported, shall publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such map, chart, book or books, without such consent first had and obtained in writing as aforesaid, then such offender Forfeiture for or offenders, shall forfeit all and every copy or copies of such infraction of map, chart, book or books, and all and every sheet and sheets, copyright. being part of the same, or either of them, to the author or proprietor of such map, chart, book or books, who shall forthwith destroy the same; And every such offender and offenders, shall Additional also forfeit and pay the sum of fifty cents for every sheet which forfeiture. shall be found in his or their possession, either printed or printing, published, imported, or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to Moiety to the the author or proprietor of such map, chart, book or books, who author, &c. shall sue for the same, and the other moiety thereof to and for Recoverable the use of the United States; to be recovered by action of debt, debt, &c. by action of in any court of record in the United States, wherein the same within one is cognizable. Provided always, That such action be commenc- year. Conditions on which the tained. Deposite of title, &c. ed within one year after the cause of action shall arise, and not afterwards. § 3. That no person shall be entitled to the benefit of this benefit of this act, in cases where any map, chart, book or books, hath or have act may be ob- been already printed and published, unless he shall first deposite, and in all other cases, unless he shall, before publication, deposite a printed copy of the title of such map, chart, book or books, in the clerk's office of the district court where the author or proprietor shall reside: And the clerk of such court is hereby directed and required, to record the same forthwith, in a book to be kept by him for that purpose, in the words following, (giving a copy thereof to the said author or proprieForm of certi- tor, under the seal of the court, if he shall require the same.) "District of to wit: Be it remembered, That on ficate of title deposited, &c. the in the day of year of the independence of the United States of-America, A. B. of the said district, hath deposited in this office, the title of a map, chart, book or books, (as the case may be) the right whereof he claims as author or proprietor, (as the case may be) in the words following, to wit: [here insert the title] in conformity to the act of the congress of the United States, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned." C. D. clerk of the district of "For which the said clerk shall be entitled to receive sixty cents from the said author or proprietor, Publication of and sixty cents for every copy, under seal, actually given to such author or proprietor as aforesaid. And such author or proprietor shall, within two months from the date thereof, cause a copy of the said record to be published in one or more of the newspapers printed in the United States, for the space of four weeks. Clerk's fees. copy of recorded title, &c. Copy of work to be deliver ed to the secretary of state. This act not applicable to foreign au § 4. That the author or proprietor of any such map, chart, book or books, shall, within six months after the publishing thereof, deliver, or cause to be delivered, to the secretary of state, a copy of the same, to be preserved in his office. § 5. That nothing in this act shall be construed to extend to books, &c. of prohibit the importation, or vending, reprinting, or publishing, within the United States, of any map, chart, book or books, written, printed, or published, by any person not a citizen of the United States, in foreign parts or places without the jurisdiction of the United States. thors, &c. Unauthorized § 6. That any person or persons, who shall print or publish publication of any manuscript, without the consent and approbation of the aumanuscripts. thor or proprietor thereof, first had and obtained as aforesaid, (if such author or proprietor be a citizen of, or resident in, these United States,) shall be liable to suffer and pay to the said author or proprietor, all damages occasioned by such injury, to be recovered by a special action on the case, founded upon this act, in any court having cognizance thereof. Damages by action on the case. General issue, § 7. That if any person or persons shall be sued or prosecu&c. under this ted for any matter, act, or thing, done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence. [Approved, May 31, 1790.] act. |