newly invented verer for a pa newly invented machine, manufacture, or composition of matter, 1839. prior to the application by the inventor or discoverer for a pa- constructed any Itent, shall be held to possess the right to use, and vend to others machine, &c. to be used, the specific machine, manufacture, or composition of cation of the inmatter so made or purchased, without liability therefor to the ventor or discoinventor, or any other person interested in such invention; and tent shall possess no patent shall be held to be invalid by reason of such purchase, or vend the same sale, or use prior to the application for a patent as aforesaid, ex- lid by reason of cept on proof of abandonment of such invention to the public; & except, dece or that such purchase, sale, or prior use has been for more than two years prior to such application for a patent. the right to use, -patents not va such purchase, sec. act 4th July payment for re SEC. 8. And be it further enacted, That so much of the ele- So much 11th venth section of the above recited act as requires the payment 1836, as requires of three dollars to the Commissioner of Patents for recording any cording assignassignment, grant, or conveyance of the whole or any part of ments, repealed. the interest or right under any patent, be, and the same is hereby, repealed; and all such assignments, grants, and conveyances to be recorded shall, in future, be recorded without any charge whatever. Assigninents, without charge. any priated for the tics, and other SEC. 9. And be it further enacted, That a sum of money not $1000 appro exceeding one thousand dollars, be, and the same is hereby, ap- Collection of ag propriated, out of the patent fund, to be expended by the Com-ricultural statismissioner of Patents in the collection of agricultural statistics, agricultural pur and for other agricultural purposes; for which the said Commissioner shall account in his next annual report. poses. Provisions 16th sec. act 4th July 1836, extended to all cases where patents are re fused for any rea son whatever, ei Patents, or by SEC. 10. And be it further enacted, That the provisions of the sixteenth section of the before recited act shall extend to all cases where patents are refused for any reason whatever, either by the Commissioner of Patents or by the chief justice of the District of Columbia, upon appeals from the decision of said ther by Com. of Commissioner, as well as where the same shall have been re- chief justice D. fused on account of, or by reason of, interference with a previously existing patent; and in all cases where there is no opposing party, a copy of the bill shall be served upon the Commissioner of Patents, when the whole of the expenses of the proceeding shall be paid by the applicant, whether the final decision shall be in his favor or otherwise. C., &c. sion of Com. to ners, authorized may appeal to S for D. C. &c. SEC. 11. And be it further enacted, That in all cases where In cases of apan appeal is now allowed by law from the decision of the Com- peal from decimissioner of Patents to a board of examiners provided for in the board of exami seventh section of the act to which this is additional, the party, by 7th section, act 4th July instead thereof, shall have a right to appeal to the chief justice 1836, the parties of the district court of the United States for the District of Colum- chief justice of bia, by giving notice thereof to the Commissioner, and filing in district court U. the Patent Office, within such time as the Commissioner shall how. appoint, his reasons of appeal, specifically set forth in writing, and also paying into the Patent Office, to the credit of the patent fund, the sum of twenty-five dollars. And it shall be the duty Chief justice to of said chief justice, on petition, to hear and determine all such hear and deterappeals, and to revise such decisions in a summary way, on the peals, &c.—how. evidence produced before the Commissioner, at such early and convenient time as he may appoint, first notifying the Commissioner of the time and place of hearing, whose duty it shall be to mine such ар 1839. grounds for his aminers of Pat. examined under give notice thereof to all parties who appear to be interested Com. to notify therein, in such manner as said judge shall prescribe. The Comthe parties, to lay before the judge missioner shall also lay before the said judge all the original paall the original papers and evi- pers and evidence in the case, together with the grounds of his dence, and the decision, fully set forth in writing, touching all the points involved decision. by the reasons of appeal, to which the revision shall be confined. Com. and ex- And at the request of any party interested, or at the desire of Office may be the judge, the Commissioner and the examiners in the Patent oath, &c. Office, may be examined under oath, in explanation of the principles of the machine or other thing for which a patent, in such Judge to return case, is prayed for. And it shall be the duty of said judge, after a certificate of a hearing of any such case, to return all the papers to the Comhis proceedings missioner, with a certificate of his proceedings and decision, said decision to which shall be entered of record in the Patent Office; and such decision, so certified shall govern the further proceedings of the Commissioner in such case; Provided, however, That no opinion or decision of the judge in any such case, shall preclude any person interested in favor or against the validity of any patent which has been or may hereafter, be granted, from the right to contest the same in any judicial court, in any action in which its validity may come in question. the papers, with and decision govern the Com. Proviso. Commissioner respect. contested cases. SEC. 12. And be it further enacted, That the Commissioner may make regu: of Patents shall have power to make all such regulations in reing evidence in spect to the taking of evidence to be used in contested cases beThat part act fore him, as may be just and reasonable. And so much of the act to which this is additional, as provides for a board of examinners, repealed. ers, is hereby repealed. 4th July 1836, relative to board of exami be paid $100 annually. Chief justice to SEC. 13. And be it further enacted, That there be paid annually, out of the patent fund, to the said chief justice, in consideration of the duties herein imposed, the sum of one hundred dollars. Approved, March 3d, 1839. President authorized to resist Great Britain to CHAP. 89. An ACT giving to the President of the United States additional powers for the defence of the United States, in certain cases, against invasion, and for other purposes. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That the President of the United States be, and he any attempt of hereby is, authorized to resist any attempt on the part of Great enforce her claim Britain, to enforce, by arms, her claim to exclusive jurisdiction to exclusive ju over that part of the State of Maine which is in dispute between the disputed ter- the United States and Great Britain; and, for that purpose, to Naval and mi- employ the naval and military forces of the United States and such portions of the militia as he may deem it advisable to call risdiction over ritory. mary, militia, placed at his disposal. Militia, when vice U.S. may be into service. SEC. 2. And be it further enacted, That the militia when called into ser called into the service of the United States by virtue of this act, compelled or of the act entitled "An act to provide for calling forth the miing six months litia to execute the laws of the Union suppress insurrections repel the place of ren- invasions and to repeal the act now in force for these purposes," serve not exceed after arrival at. 1839. may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not dezvous, in any exceeding six months after the arrival at the place of rendezvous, one year. tual invasion, or of invasion, President cept the services SEC. 3. And be it further enacted, That in the event of actual In event of acinvasion of the territory of the United States by any foreign of imminent danpower, or if imminent danger of such invasion discovered, in his Before Congress opinion, to exist before Congress can be convened to act upon the can be convened, the subject, the President be, and he is hereby, authorized if he authorized to acdeem the same expedient, to accept the services of any number of not exceeding of volunteers not exceeding fifty thousand, in the manner pro- in the manner vided for by an act entitled "An act authorizing the President of 23 May 1836. provided by act the United States to accept the service of volunteers and to raise an additional regiment of dragoons or counted riflemen, approved May twenty-third eighteen hundred and thirty-six.' 50,000 volunteers, either of the con act, now authorized SEC. 4. And be it further enacted, That in the event of either In the event of of the contingencies provided for in this act the President of the tingencies proviUnited States shall be authorized to complete the public armed det, the president vessels now authorized by law, and to equip, man, and employ, authorized completethe pub in actual service, all the naval force of the United States, and to lic armed vessels build, purchase, or charter, arm, equip, and man, such vessels by law, &c. and steamboats on the Northern lakes and rivers, whose waters communicate with the United States and Great Britain as he shall deem necessary to protect the United States from invasion from that quarter. SEC. 5. And be it further enacted, That the sum of ten mil- $10,000,000 appropriated; to lions of dollars is hereby appropriated, and placed at his disposal provide for which for the purpose of executing the provisions of this act; to provide Sec. Treas. is aufor which the Secretary of the Treasury is authorized to borrow row money on the credit of U.S.,&c money on the credit of the United States, and to cause to be issued certificates of stock signed by the Register of the Treasury, for the sum to be borrowed, or any part thereof; and the same to be sold upon the best terms that may be offered after public notice for proposals for the same: Provided, That no engage- Proviso. ment or contract shall be entered into which shall preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the first of January next; and that the rate of interest shall not exceed five per cent. payable semi-annually. thorized to bɔr salary a to Great Britain. SEC. 6. And be it further enacted, That the sum of eighteen $18,000 approthousand dollars be, and the same is hereby, appropriated out of printed for outfit any money in the Treasury, not otherwise appropriated, for outfit special minister and salary of a special minister to Great Britain: Provided, The President of the United States shall deem it expedient to appoint the same. Proviso." In the event of either of the con vided for in SEC. 7. And be it further enacted, That in the event of either of the contingencies provided for in the first and third sections of tingencies prothis act, the President of the United States shall be authorized to stand 3d sec apply a part not exceeding one million of dollars of the appro-authorized to ap priation made in this act to repairing or arming fortifications ply $1,000,000 to along the seaboard and frontier. President repairing or arm. ing fortifications on seaboard and SEC. 8. And be it further enacted, That whenever militia or frontier. 1839. volunteers are called into the service of the United States they Militia or vo- shall have the organization of the army of the United States, and lunteers when- shall receive the same pay and allowances. ever called into service U. S. shall have the or army and receive SEC. 9. And be it further enacted, That the several proviganization of the sions of this act shall be in force until the end of sixty days after same pay and al- the meeting of the first session of the next Congress and no This act to con- longer. Approved, March 3d, 1839. lowances. tinue in force un til 60 days after 1st session next Congress. ed by Counciland consin, before be be approved by CHAP. 90. An ACT to alter and amend the organic law of the Territories of Ws consin and Iowa. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as Every bill pass sembled, That every bill which shall have passed the Council House Reps. of and House of Representatives of the Territories of Iowa and Iowa and Wis. Wisconsin shall, before it become a law, be presented to the Gocoming a law, to vernor of the Territory; if he approve he shall sign it, but if not Governor-if not he shall return it, with his objections, to that House in which it returned with his shall have originated, who shall enter the objections at large on House in which their journal, and proceed to reconsider it. If, after such reconit originated, sideration, two-thirds of that House shall agree to pass the bill, ed on the journal it shall be sent, together with the objections, to the other House, ed, &c. by which it shall likewise be reconsidered; and if approved by approved, to be objections to the there to be enter and reconsider turned within two-thirds of that House it shall become a law. But, in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill Bills not re- shall be entered on the journal of each House respectively. If three days, (Sun- any bill shall not be returned by the Governor within three days unless the As (Sundays excepted) after it shall have been presented to him, sembly prevent the same shall be a law in like manner as if he had signed it, ment, to be laws. unless the Assembly by adjournment prevent its return, in which case it shall not be a law. days excepted) it by adjourn. deprive Congress approve of laws This act not to SEC. 2. And be it further enacted, That this act shall not be of the right to dis- So construed as to deprive Congress of the right to disapprove of passed by said any law passed by the said Legislative Assembly, or in any way Assembly, &c. to impair or alter the power of Congress over laws passed by said Assembly. Approved, March 3d, 1839. the main chan eastern CHAP. 91. An ACT to define and establish the eastern boundary line of the Ter ritory of Iowa. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as The middle of sembled, That the middle or centre of the main channel of the nel of the Missis- river Mississippi shall be deemed, and is hereby declared, to be tern boundary the eastern boundary line of the Territory of Iowa, so far or to of lowa, so far as such extent as the said Territory is bounded eastwardly by or bounded east upon said river: Provided, however, That the said Territory of Iowa shall have concurrent jurisdiction upon the said Mississippi Proviso. river with any other conterminous State or Territory so far or to such extent as the said river shall form a common boundary between the aforesaid Territory of Iowa and any other such conterminous State or Territory. Approved, March 3d, 1839. 1839. CHAP. 92. An ACT to authorize the election or appointment of certain officers in the Territory of Iowa, and for other purposes. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislative Assembly of the Territory of Iowa Legislative As sembly of Iowa shall be, and are hereby, authorized to provide by law for the authorized to proelection or appointment of sheriffs, judges of probate, justices of the election or the peace, and county surveyors, within the said Territory, in appointment of such way or manner, and at such times and places as to them may seem proper; and after a law shall have been passed by the After the pas Legislative Assembly for that purpose, all elections or appoint-elections or apments of the above-named officers thereafter to be had or made pointments shall shall be in pursuance of such law. sheriffs, &c. sage of a law, the be made in pur suance there with. Delegate for lowa electors may to serve from said 27th Oct. to SEC. 2. And be it further enacted, That the term of service Term of present of the present Delegate for said Territory of Iowa shall expire shall expire 27th on the twenty-seventh day of October, eighteen hundred and Oct. 1840. forty; and the qualified electors of said Territory may elect a The qualified Delegate to serve from the said twenty-seventh day of October elect a Delegate to the fourth day of March thereafter, at such time and place as shall be prescribed by law by the Legislative Assembly, and thereafter a Delegate shall be elected, at such time and place as the Legislative Assembly may direct, to serve for a Congress, as members of the House of Representatives are now elected. Approved, March 3d, 1839. 4th March there after. After which a Delegate to be elected as Legis lative Assembly may direct. CHAP. 93. An ACT making appropriations for preventing and suppressing Indian hostilities for the year eighteen hundred and thirty-nine. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That the following sums, amounting to one million eight $1,804,774 ap hundred and four thousand seven hundred and seventy-four dol-propriated. lars, be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses which have been, or may be, incurred, in preventing or suppressing the hostilities of any Indians, in the year eighteen hundred and thirty-nine; to be expended under the direction of To be expendthe Secretary of War, conformably to the acts of Congress of the ed, how. nineteenth of March and the second of July, eighteen hundred and thirty-six, and of the acts therein referred to: For forage for the horses of the second dragoons, mounted Forage. volunteers and militia officers entitled to forage in kind, and for horses, mules, and oxen, in the service of trains, three hundred and ninety-two thousand eight hundred and thirty-one dollars; |