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grants declar

common fund.

4th condition; as to the terri

to a state.

ously located any entry or entries, that then, and in that case, the person or persons having made such entry or entries, or their assignee or assignees, shall have leave, and be at full liberty to remove the location of such entry or entries, to any lands on which no entry has been specially located, or on any vacant lands included within the limits of the lands hereby intended to be ceded: Provided, That nothing herein contained shall extend, or be construed to extend, to the making good any entry or en- Proviso; as to tries, or any grant or grants heretofore declared void, by any ed void. act or acts of the general assembly of this state. Thirdly, That 3d condition; all the lands intended to be ceded by virtue of this act to the as to the lands United States of America, and not appropriated as beforemen- ceded being a tioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever. Fourthly, That the territory so ceded, shall be laid out and formed into a state or states, containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, bene- tory ceded befits, and advantages, set forth in the ordinance of the late con- ing formed ingress for the government of the Western Territory of the United States, that is to say: Whenever the congress of the United States shall cause to be officially transmitted to the executive authority of this state, an authenticated copy of the act to be passed by the congress of the United States, accepting the cession of territory made by virtue of this act, under the express conditions hereby specified; the said congress shall, at the same time, assume the government of the said ceded territory, which they shall execute in a manner similar to that which they support in the territory west of the Ohio; shall protect the inhabitants against enemies, and shall never bar or deprive them of any privileges which the people in the territory west of the Ohio enjoy: Provided always, That no regulations made, or to be made, Proviso; as to by congress, shall tend to emancipate slaves. Fifthly, That the 5th condition; inhabitants of the said ceded territory shall be liable to pay such as to contribusums of money as may, from taking their census, be their just tions, &c. proportion of the debt of the United States, and the arrears of see supra,page 78, 1st condithe requisitions of congress on this state. Sixthly, That all per- tion. sons indebted to this state, residing in the territory intended to 6th condition; be ceded by virtue of this act, shall be held and deemed liable as to payment to pay such debt or debts in the same manner, and under the state. same penalty or penalties, as if this act had never been passed. Seventhly, That if the congress of the United States do not ac- 7th condition; cept the cession hereby intended to be made, in due form, and as to the acgive official notice thereof to the executive of this state, within the cession. eighteen months from the passing of this act, then this act shall be of no force or effect whatsoever. Eighthly, That the laws in 8th condition; force and use in the state of North Carolina, at the time of pass- as to laws in ing this act, shall be, and continue, in full force within the territory hereby ceded, until the same shall be repealed, or otherwise altered, by the legislative authority of the said territory. Ninthly, 9th condition; That the lands of nonresident proprietors within the said ceded as to lands of

of debts to the

ceptance of



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10th condi

tion; as to pre-emption between Ten

nessee and

Big Pidgeon. Sovereignty until acceptance of cession, &c.

Conveyance by Samuel Johnston and Benjamin Hawkins.

Acceptance by the U. States.

territory, shall not be taxed higher than the lands of residents. Tenthly, That this act shall not prevent the people now residing south of French Broad, between the rivers Tennessee and Big Pidgeon, from entering their pre-emptions in that tract, should an office be opened for that purpose under an act of the present general assembly. And be it further enacted by the authority aforesaid, That the sovereignty and jurisdiction of this state, in and over the territory aforesaid, and all and every the inhabitants thereof, shall be and remain the same, in all respects, until the congress of the United States shall accept the cession to be made by virtue of this act, as if this act had never passed. Read three times, and ratified in general assembly, the

day of December, A. D. 1789.

Vol.i. p. 300.

To whom.

Its tenor.


Now, therefore, know ye, That we, SAMUEL JOHNSTON, and BENJAMIN HAWKINS, senators aforesaid, by virtue of the power and authority committed to us by the said act, and in the name, and for and on behalf of the said state, do, by these presents convey, assign, transfer, and set over, unto the United States of America, for the benefit of the said states, North Carolina inclusive, all right, title, and claim, which the said state hath to the sovereignty and territory of the lands situated within the chartered limits of the said state, as bounded and described in the above recited act of the general assembly, to and for the uses and purposes, and on the conditions, mentioned in the said act. In witness whereof, we have hereunto subscribed our names,

and affixed our seals, in the senate chamber, at New York, this twenty-fifth day of February, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the independence of the United States of America.

Signed, sealed, and delivered,
in the presence of


[L. S.]

Be it enacted, &c. That the said deed be, and the same is hereby accepted. [Approved, April 2, 1790.]

CHAP. 34. [7], An act to promote the progress of useful arts.

§ 1. Be it enacted, &c. That upon the petition of any person or persons, to the secretary of state, the secretary for the department of war, and the attorney general of the United States, setting forth, that he, she, or they, hath, or have, invented or discovered, any useful art, manufacture, engine, machine, or device, or any improvement therein, not before known or used, and praying that a patent may be granted therefor, it shall and may be lawful to and for the said secretary of state, the secretary for the department of war, and the attorney general, or any two of them, if they shall deem the invention or discovery suffiLetters patent ciently useful and important, to cause letters patent to be made

Secretary of state, &c. to determine.

and tenor.

Duration of

out in the name of the United States, to bear teste by the presi- Their teste dent of the United States, reciting the allegations and suggestions of the said petition, and describing the said invention or discovery, clearly, truly, and fully, and thereupon granting to such petitioner or petitioners, his, her, or their heirs, administra- Patentees. tors or assigns, for any term not exceeding fourteen years, the the patent. sole and exclusive right and liberty 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 Attorney gengeneral of the United States, to be examined, who shall, within eral to certify. fifteen days next after the delivery to him, if he shall find the same conformable to this act, certify it to be so at the foot thereof, and present the letters patent so certified to the president, who shall cause the seal of the United States to be thereto affix- Seal to be afed, and the same shall be good and available to the grantee or fixed. grantees, by force of this act, to all and every intent and purpose herein contained, and shall be recorded in a book to be Patents to be kept for that purpose, in the office of the secretary of state, and recorded, dedelivered to the patentee or his agent; and the delivery thereof livered, &c. shall be entered on the record, and endorsed on the patent by the said secretary, at the time of granting the same.

and exact.

§ 2. That the grantee or grantees of each patent shall, at the Specification. time of granting the same, deliver to the secretary of state a specification in writing, containing a description, accompanied with drafts or models, and explanations of models (if the nature Models. of the invention or discovery will admit of a model) of the thing or things, by him or them invented, or discovered, and described as aforesaid, in the said patents; which specification shall be so Specification particular, and said models so exact, as not only to distinguish and models to the invention or discovery from other things before known and be particular 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 specification shall be Specification filed in the office of the said secretary, and certified copies to be filed. thereof shall be competent evidence in all courts, and before all Certified copies evidence, jurisdictions, where any matter, or thing, touching or concerning &c. such patent right or privilege, shall come in question.

models, allow

§ 3. That upon the application of any person to the secretary Copies of speof state, for a copy of any such specification, and for permission cification and to have similar model or models made, it shall be the duty of ed, &c. 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.


§ 4. That if any person or persons shall devise, make, con- Penalty for instruct, use, employ, or vend, within the United States, any art, fringing the manufacture, engine, machine, or device, or any invention, or rights of pa improvement upon, or in, any art, manufacture, engine, 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 paten



tee 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 Damages, &c. their executors, administrators, or assigns, such damages as by action on shall be assessed by a jury, and moreover shall forfeit to the person aggrieved, the thing or things so devised, made, 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.

the case.

Patents sur

reptitiously obtained liable tobe repealed, &c.

§ 5. 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 afterwards, it shall and may be lawful to and for the judge of the said district court, if the matter alleged shall appear to him to be sufficient, 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 shall not be shown to the contrary, the rule shall be made absolute, and thereupon the said judge shall order process to be issued as aforesaid, against such patentee or patentees, his, ber, or their Judgment for executors, administrators, or assigns. And in case no sufficient repeal of pa- 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.


and costs.

Verdict and judgment for defendant in case of false specification.

Patents prima § 6. That in all actions to be brought by such patentee or facie evidence patentees, his, her, or their executors, administrators, or assigns, of first discov for any penalty incurred by virtue of this act, the said patents

ery, &c.

&c. for defen

dants, on no


or specifications shall be prima facie evidence, that the said patentee or patentees, was or were the first and true inventor or inventors, discoverer or discoverers, of the thing so specified, and that the same is truly specified; but that, nevertheless, the General issue, defendant or defendants, may plead the general issue, and give this act, and any special matter whereof notice in writing 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, th verdict and judgment shall be for the defendant.

§ 7. That such patentee as aforesaid, shall, before he receives his patent, pay the following fees to the several officers employ

Fees for filing papers and issuing patents.

ed in making out and perfecting the same, to wit: For receiving and filing the petition, fifty cents; for filing specifications, per copysheet, containing one hundred words, ten cents; for making out patent, two dollars; for affixing great seal, one dollar; for endorsing the day of delivering the same to the patentee, including all intermediate services, twenty cents. [Approved, April 10, 1790.]

CHAP. 35. [8]. An act further to suspend part of an act, entitled "An act to regu- Repealed. late the collection of the duties imposed by law on the tonnage of ships or ves- Vol. i. p. 157. sels, and on goods, wares, and merchandises, imported into the United States," and to amend the said act.

§ 1. Be it enacted, &c. That so much of an act, entitled "An Vol. i. p. 6. act to regulate 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," as obliges ships. or vessels bound up the river Potowmac, to come to, and depo- Restriction, site manifests of their cargoes with the officers at Saint Mary's, by a former and Yeocomico, before they proceed to their port of delivery, act, on vessels bound up the shall be, and is hereby, further suspended, from the first day of Potowmac, May next, to the first of May, in the year one thousand seven suspended unhundred and ninety-one. til 1st May,

§ 2. That the landing places in Windsor, and East Windsor, Additional in the state of Connecticut, shall be ports of delivery, and be ports of deliv included in the district of New London. [Approved, April 15,

ery in the dis


trict of New London.

CHAP. 36. [9.] An act for the punishment of certain crimes against the United

States. (a)

Vol. i. p. 231,

352, 469, 558, Vol. ii. p. 940.

Vol. iii. p.

§ 1. Be it enacted, &c. That if any person or persons, owing allegiance to the United States of America, shall levy war against 1738. them, or shall adhere to their enemies, giving them aid and Punishment of comfort within the United States, or elsewhere, and shall be treason, death. thereof convicted, on confession in open court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death.

§ 2. That if any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal, and not, as soon as may be, disclose and make known the same to Misprision of the president of the United States, or some one of the judges 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.

treason, and its punish


§ 3. That if any person or persons shall, within any fort, ar- Murder, in a senal, dockyard, magazine, or in any other place or district of fort, arsenal, country, under the sole and exclusive jurisdiction of the United &c. punished States, commit the crime of wilful murder, such person or persons, on being thereof convicted, shall suffer death."

with death.

(a) The general supplementary act of 1825, Vol. iii. p. 1999.

Imprisonment, and fine

of 1,000 dolls.

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