« ForrigeFortsett »
Repealed by for the department of war, and the Attorney General of the United the act of 21st Feb. 1793, ch.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 and
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 letters
suggestions of the said petition, and describing the said invention or dispatent 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 of a patent.
term not exceeding fourteen years, the sole and exclusive right and Jiberty 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 the conformity
present the letters patent so certified to the President, who shall cause 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 in writing with 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 it 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 Gal. lis. C. C. R. 435. Lowell v. Lewis, 1 Mason's C. C. R. 182. Kneass v. The Schuylkill Bank, 4 Wash. C. O. R. 106. Barret 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. 323. 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. Č. R. 153. Sullivan v. Red field et al., Paine's C. C. R. 441. Executors 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. 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 v. 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,
Grant v. Raymond, 6 Peters, 218. Delano v. Scoit, Gilpin's C. C. R. 439. Stearns v. Barrett, 1 Mason's C. C. R. 153. Morris v. Huntingdon, Paine's C. C. R. 343. See post 318.
See also Peters's Digest, Patents for useful inventions,
in what cases
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, citication, and
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
has been grantvention or improvement upon, or in any art, manufacture, engine,
ed. machine 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
be assessed by a forfeit to the person aggrieved, the thing or things so devised, made,
jury. 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 evior specifications shall be prima facie evidence, that the said patentee or dence of the patentees was or were the first and true inventor or inventors, discoverer first discovery; or discoverers of the thing so specified, and that the same is truly specified; ter may be giv. but 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
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
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.
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. 2; 1790, tives of the United States of America in Congress assembled, That so
. 35, . 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 vessels bound
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. á 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. Chap. 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, 1792, ch. 16, 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 26, 1804, ch. 40. 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, 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 shall be
(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. Stuari, 2 Dall. 343; 1 Burr's Trial, 14; 2 Burr's Trial, 401.
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)
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 miy 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 dis
sected. be executed, shall accordingly deliver the body of such offender, after 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 wilsul murder or
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.
Act of March Sec. 8. Andbe it (further) enacted, That if any person or persons shall 3, 1829, ch. 64. commit upon the high seas, or in any river, haven, basin or bay, out of
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 Suates 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 com. mitted 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. Th, 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, 1 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
tried and how laws of the United States be punishable with death; or if any captain
"Ached May or mariner of any ship or other vessel, shall piratically and feloniously 15, 1820, ch.113. run away with such ship or vessel, or any goods or merchandise to the
value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate; or if any seaman shall lay violent hands upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the ship; every such offender shall be deemed, taken and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death; and the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.(a)
Sec. 9. And be it [further] enacted, That if any citizen shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high sea, under colour of any commission from any foreign prince, or state, or on pretence of authority from any person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged and taken to be a pirate,
felon, and robber, and on being thereof convicted shall suffer death. Accessaries
Sec. 10. And be it [ further enacted, That every person who shall, therein, how ľ punished.
either upon the land or the seas, knowingly and wittingly aid and assist, procure, command, counsel or advise any person or persons, to do or commit any murder or robbery, or other piracy aforesaid, upon the seas, which shall affect the life of such person, and such person or persons shall thereupon do or commit any such piracy or robbery, then all and every such person so as aforesaid aiding, assisting, procuring, commanding, counselling or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed and adjudged to be accessary to such piracies before the fact, and every such person being
thereof convicted shall suffer death. Concealing a Sec. 11. And be its further] enacted, That after any murder, felony, pirate or pro- robbery, or other piracy whatsoever aforesaid, is or shall be committed perty taken by a pirate.
by any pirate or robber, every person who knowing that such pirate or robber has done or committed any such piracy or robbery, shall on the land or at sea receive, entertain or conceal any such pirate or robber, or receive or take into his custody any ship, vessel, goods or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed and adjudged to be accessary to such piracy or robbery, after the fact; and on conviction thereof, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.
(a) A robbery committed on the high seas, although such robbery, if committed on land, would not, by the laws of the United States, be punishable with death, is piracy, under the 8th section of the law of the United States; and the Circuit Courts have jurisdiction thereof. United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.
The crime of robbery as mentioned in the act, is the crime of robbery as recognized at common law. Ibid. See also United States v. Klintock, 5 Wheat. 144 ; Cond. Rep. 614 The United States v. Smith, 5 Wheat. 153; 4 Cond. Rep. 619. United States v. Furlong et al., 5 Wheat. 184; 4 Cond. Rep. 623. United States v. Holmes, 5 Wheat. 412 ; 4 Cond. Rep. 708.
Pirates may be lawfully captured by the public or private ships of any nation, in peace or war, for they are hostes humani generis. The Marianna Flora, 11 Wheat. 1; 6 Cond. Rep. 201. See also The Josefa Segunda, 5 Wheat. 338; 4 Cond. Rep. 672. The Palmyra, 12 Wheat. 1 ; 6 Cond. Rep. 397. The Bello Corrunnes, 6 Wheat. 152; 5 Cond. Rep. 45.
To constitute the offence of piracy within the act of 1790, “ by piratically and feloniously running away with a vessel,” personal force and violence are not necessary. i Gallis' C. . R. 247. See also The United States v. Ross, 1 Gallis' C. C. R. 624. United States v. Kessler, 1 Baldwin's C. C. R. 15. United States v. Gibert, 2 Sumner's C. C. R. 19.
In the act of April 30, 1790, the description of places contained in the Sth section, within which the offences therein enumerated must be committed, in order to give the courts of the United States juris. diction over them, cannot be transferred to the 12th section, so as to give those courts jurisdiction over a manslaughter committed in a port of a foreign cour and not on the high seas.
The Hopp The United States, 7 Cranch, 389; 2 Cond. Rep. 512. See United States v. Wiltberger, 5 Wheat. 76; 4 Cond. Rep. 593.