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time recorded, and all such other regulations as are herein required in regard to original.copyrights, be complied with in respect to such renewed copyright, and that within six months before the expiration of the first term.
Sec. 3. And be it further enacted, That in all cases of renewal of Publication of copyright under this act, such author or proprietor shall, within two renewal. months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers printed in the United States, for the space of four weeks.
Sec. 4. And be it further enacted, That no person shall be entitled to Copy of title the benefit of this act, unless he shall, before publication, deposit a printed to be deposited. copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same thereof To be record forthwith, in a book to be kept for that purpose, in the words following ed. (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever he shall require the same :) " District of
Form of reto wit: Be it remembered, that on the
anno domini, cord. A. B., of the said district, hath deposited in this office the title of a book, (map, chart, or otherwise, as the case may be,) the title of which is in the words following, to wit: (here insert the title ;) the right whereof he claims as author (or proprietor as the case may be ;) in conformity with an act of Congress, entitled · An act to amend the several acts respecting copyrights. C. D. clerk of the district." For which record, the clerk shall be entitled to receive, from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor Copy of work of any such book, map, chart, musical composition, print, cut, or engrav- to be deposited. ing, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver or cause to be delivered a copy of the same to the clerk of said district. And it List of works shall be the duty of the clerk of each district court, at least once in and copies to be every year, to transmit a certified list of all such records of copyright, the Secretary of including the titles so recorded, and the dates of record, and also all the State. several copies of books or other works deposited in his office according to this act, to the Secretary of State, to be preserved in his office.
Sec. 5. And be it further enacted, That no person shall be entitled Notice of co. to the benefit of this act, unless he shall give information of copyright pyright to be being secured, by causing to be inserted in the several copies of each printed, &c. and every edition published during the term secured on the title-page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece thereof, the following words, viz: “Entered according to act of Congress, in the year , by A. B., in the clerk's office of the district court of
,” (as the case may be.) Sec. 6. And be it further enacted, That if any other person or per
Infringement sons, from and after the recording the title of any book or books, ac- of copyright to
books. cording to this act, shall, within the term or terms herein limited, print, publish, or import, or cause to be printed, published, or imported, any copy of such book, or books, without the consent of the person legally entitled to the copyright thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every Penalty. copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fisty cents for every such sheet which may be found in his possession, either printed, or printing, pub
lished, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of the United States, to be recovered by action
of debt in any court having competent jurisdiction thereof. Infringement Sec. 7. And be it further enacted, That, if any person or persons, after of copyright to the recording the title of any print, cut, or engraving, map, chart or musical prints, maps, &c.
composition, according to the provisions of this ac, shall, within the term or terms limited by this act, engrave, etch, or work, sell, or copy, or cause to be engraved, etched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminishing the main design with intent to evade the law; or shall print or import for sale, or cause to be printed, or imported for sale, any such map, chart, musical composition, print, cut, or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copyright thereof, first obtained in writing, signed in the presence of two credible witnesses; or, knowing the same to be so printed or imported without such consent, shall publish, sell, or expose to sale, or in any
manner dispose of any such map, chart, musical composition, engraving, Penalty. cut, or print, without such consent, as aforesaid; then such offender or
offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut, or print, shall be copied, and also all and every sheet thereof so copied or printed as aforesaid, to the proprietor or proprietors of the copyright thereof; and shall further forseit one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the United States, to be recovered in
having competent jurisdiction thereof. Privilege re- SEC. 8. And be it further enacted, That nothing in this act shall be stricted to citi- construed to extend to prohibit the importation or vending, printing, or
publishing, of any map, chart, book, musical composition, print or engraving, written, composed, or made, by any person not being a citizen
of the United States, nor resident within the jurisdiction thereof. Publication of Sec. 9. And be it further enacted, That any person or persons who manuscripts shall print or publish any manuscript whatever without the consent of the without con
author or legal proprietor first obtained as aforesaid, (if such author or proprietor be a citizen of the United States, or resident therein,) shall
be liable to suffer and pay to the author or proprietor, all damages occaRemedy. sioned by such injury, to be recovered by a special action on the case Injunction to founded upon this act, in any court having cognisance thereof; and the prevent. several courts of the United States empowered to grant injunctions to
prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as afore
said, General issue, Sec. 10. And be it further enacted, That, if any person or persons
shall be sued or prosecuted, 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. False entry of Sec. 11. And be it further enacted, That, if any person or persons, copyright.
from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copyright thereof, and shall insert or impress that
the same hath been entered according to act of Congress, or words purPenalty.
porting the same, every person so offending shall forfeit and pay one hundred dollars; one moiety thereof to the person who shall sue for the * same, and the other the use of the United States, to be recovered by
action of debt, in any court of record having cognisance thereof. Costs.
Sec. 12. And be it further enacted, That, in all recoveries under this
act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding.
Sec. 13. And be it further enacted, That no action or prosecution shall Limitation of be maintained, in any case of forfeiture or penalty under this act, unless action. the same shall have been commenced within two years after the cause of action shall have arisen. Sec. 14. And be it further enacted, That the “ Act for the encourage- Repeal of act
of ment of learning, by securing the copies of maps, charts, and books, to
1790, ch. 15. the authors and proprietors of such copies during the times therein mentioned,” passed May thirty-first, one thousand seven hundred and ninety, and the act supplementary thereto, passed April twenty-ninth, one thou
Act of April sand eight hundred and two, shall be, and the same are hereby, repealed: 29, 1802, ch. 36. saving, always, such rights as may have been obtained in conformity to their provisions.
Sec. 15. And be it further enacted, That all and several the provisions Provisions of of this act, intended for the protection and security of copyrights, and this act for seproviding remedies, penalties, and forfeitures, in case of violation thereof, rights, &c. to shall be held and construed to extend to the benefit of the legal proprie- extend to existtor or proprietors of each and every copyright heretofore obtained, ac- ing copyrights. cording to law, during the term thereof, in the same manner as if such copyright had been entered and secured according to the directions of this act.
Sec. 16. And be it further enacted, That, whenever a copyright has been heretofore obtained by an author or authors, inventor, designer, or existing copyengraver, of any book, map, chart, print, cut, or engraving, or by a proprie- rights. tor of the same: if such author or authors, or either of them, such inventor, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inventor, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut, or engraving, with the benefit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copyright, make up the term of twenty-eight years, with the same right to his widow, child, or children, to renew the copyright, at the expiration thereof, as is above provided in relation to copyrights originally secured under this act. And if such author or authors, inventor, designer, or engraver, shall not be living at the passage of this act, then, his or their heirs, executors and administrators, shall be entitled to the like exclusive enjoyment of said copyright, with the benefit of each and all the provisions of this act for the security thereof, for the period of twenty-eight years from the first entry of said copyright, with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventor, or engraver, as is provided in relation to copyrights originally secured under this act: Provided, That this act Proviso. shall not extend to any copyright heretofore secured, the term of which has already expired.
APPROVED, February 3, 1831.
CHAP. XVII.- An Act to amend the act for taking the fifth census. (a) Feb. 3, 1831. Be it enacted by the Senate and House of Representatives of the United Act of March States of America, in Congress assembled, That it shall and may be law- 23, 1830, ch.40. ful for such of the assistants to the marshals in the respective states and territories, who have not, before the passage of this act, made their re
(a) An act for the apportionment of representatives among the several states, according to the fifth census, May 23, 1832, ch.91.
Resolution for the distribution of the returns of the fifth census, July 3, 1832.
Time extend. spective returns to such marshals, under the act hereby amended, to comed for assistant
plete their enumerations and make their returns under the said act, at marshal's turns, &c. any time before the first day of June, and for the marshals of such states
Marshals re- and territories to make their returns to the Secretary of State at any time turns.
before the first day of August, one thousand eight hundred and thirtyProviso. one: Provided, That nothing herein contained shall be deemed to release
such marshals and assistants from the penalties contained in the act afore
said, unless their returns shall be made within the time prescribed in Proviso. this act: And provided further, 'That no persons be included in the re
turns made under the present act, unless such persons shall have been inhabitants of the districts for which such returns shall be made, on the
first day of June, one thousand eight hundred and thirty. Certain copies Sec. 2. And be it further enacted, That the copies of returns and to be retained by clerks
of aggregate amounts directed to be filed by the marshals with the clerks of
the several district courts, and supreme courts of the territories of the United States, shall be preserved by said clerks, and remain in their offices respectively; and so much of the act to which this is an amendment as requires that they shall be transmitted by said clerks to the De
partment of State, is hereby repealed. Errors to be Sec. 3. And be it further enacted, That it shall be the duty of the nated and print- Secretary of State to note all the clerical errors in the returns of the
marshals and assistants, whether in the additions, classification of inhabitants, or otherwise, and cause said notes to be printed with the aggregate returns of the marshals, for the use of Congress.
APPROVED, February 3, 1831.
Feb. 12, 1831. Chap. XIX.- An Act to amend the act entilled " An act to quiet the title of cer
tain purchasers of lands between the lines of Ludlow and Roberts, in the state of Ohio," upproved the twenty-sixth of May, in the year.eighteen hundred and
thirty. (a) Act of May 26, Be it enacted by the Senate and House of Representatives of the United 1824, ch. 188.
States of America, în Congress assembled, That in addition to the sum Act of May 26, 1830, ch. 105. appropriated by the act, entitled " An act to quiet the titles of certain
President of purchasers of lands between the nes of Ludlow and Roberts, in the
hundred and thirty, the President of the United States be, and he is ridge.
hereby, authorized to pay, out of any money in the treasury not otherwise appropriated, to Philip Doddridge, the claimant of the Virginia military survey, numbered six thousand nine hundred and twenty-eight, for seven hundred acres, being one of the Virginia military surveys, in the said act mentioned, lying between the lines of Ludlow and Roberts, in the state of Ohio, the sum of one thousand seven hundred and sixtyfive dollars and sixty-eight cents, with interest at the rate of six per centum per annum, from the fifth day of March, eighteen hundred and twenty-five, until paid; the said Philip having already conveyed to the United States, the title to the said seven hundred acres of land, in the manner directed by the President of the United States, pursuant to the provisions of the act of Congress before recited. This act shall commence and be in force from the passing thereof.
APPROVED, February 12, 1831.
(a) The lands north-west of the river Ohio, between the rivers Scioto and Little Miami, lying west of Ludlow's line, east of Roberts' line, and south of the Indian boundary, reserved by Virginia, in her decd of cession to the United States, of March, 1784, for the satisfaction of the military bounties Virginia had promised, were not, prior to 1810, by any legislative acts of the government of the United States, withdrawn from appropriation under and by virtue of Virginia military land warrants. A patent issued on the 12th October, 1812, founded upon a military warrant, for land within the reserved lands, is valid against a claimant of the same land holding under a sale made by the United States. Reynolds, tenant, &c., v. McArthur, 2 Pet. 417.
Act of June
STATUTE II. CHAP. XX.-An Act to repeal the charges imposed on passports and clearances. Feb. 12, 1831.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, so much of the act of 1, 1796, ch. 45. the first of June, one thousand seven hundred and ninety-six, entitled " An act providing passports for the ships and vessels of the United States," as imposes a charge of ten dollars for passports, and of four dollars for a clearance, to any ship or vessel bound on a voyage to any foreign country, be, and the same is hereby repealed, to take effect from and after the thirty-first day of March of the present year.
APPROVED, February 12, 1831.
Feb. 12, 1831.
CHAP. XXII.-An Act authorizing the sale of a tract of land therein named.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall be the duty of the President of the United States to offer at public sale, as soon as may be, the south-west, north-west, and north-east quarters of section number twenty-five, of township number six, in range number one west, in the Cincinnati district, under the same rules and regulations that govern the sale of other public lands of the United States.
APPROVED, February 12, 1831.
CAAP. XXIII.-An Act to amend the act granting certain relinquished and un- Feb. 12, 1831.
appropriated lands to the state of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Blackwarrior rivers," approved the twenty-third day of May, one thousand eight hundred and twentyeight.
Be it enacted by the Senate and House of Representatives of the United Act of May States of America, in Congress assembled. That it shall and may be law- 23,1828, ch. 75.
State of Alaful for the state of Alabama, by the board of canal commissioners bama appointed by her for that purpose, to contract for and construct that part rized to of the canal round the Muscle shoals, beginning at Campbell's ferry, and tract, &c. running up the river to Lamb's ferry, before they contract for, or complete that part of the said contemplated canal between Campbell's ferry and Florence; any thing in the act to which this is an amendment to the contrary notwithstanding.
Sec. 2. And be it further enacted, That it shall be the duty of the United States engineers of the United States who have this matter in charge, to furnish engineers to fur
nish plan. to said board of commissioners, as soon as practicable, a plan of that section of the canal above contemplated first to be executed, connecting it with the river at or near to Campbell's ferry, and at the most eligible point at, or immediately below Lamb's ferry, on the cheapest practicable plan, in conformity with said original act, to be approved by the President of the United States.
Sec. 3. And be it further enacted, That the section of said canal above Plan prescribed Lamb's ferry, shall, by said engineers, be so planned as to connect it with the deep water in the river at or above Lamb's ferry; and the section below Campbell's ferry, shall, in like manner, be connected with the deep water at or below said last-mentioned ferry.
APPROVED, February 12, 1831.