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 referred to continued 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. 1. Be it enacted, &c. That the territory of the United States, 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." § 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, being a citizen or citizens of these United States, or residents &c. therein, his or their executors, administrators, or assigns, who Purchasers, 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 Authors, &c. 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 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 an infraction of copyright. § 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 granted by this act, shall print, reprint, publish, or import, or 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, 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. debt, &c. 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 in the ficate of title deposited, &c. 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 books, &c. of foreign authors, &c. § 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 applicable to 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. 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 au, thor 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. &c. under this § 7. That if any person or persons shall be sued or prosecuGeneral issue, 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. CHAP. 44. [17.] An act for giving effect to an act, entitled "An act to estab. Vol. i. p. 52, lish the judicial courts of the United States," within the state of North Car- 233. olina. § 1. Be it enacted, &c. That the act, entitled "An act to es- Judicial act tablish the judicial courts of the United States," shall have the declared in like force and effect within the state of North Carolina, as else- Carolina. where within the United States. force in North One resident § 2. That the said state shall be one district, to be called North Caroli North Carolina district; and there shall be a district court there- na one district. in, to consist of one judge, who shall reside in the district, and judge, &c. be called a district judge, and shall hold annually four sessions; Four sessions the first to commence on the first Monday in July next, and the annually, other three sessions, progressively, on the like Monday of every third calendar month afterwards. The stated district court shall be held at the town of Newbern. at Newbern. § 3. That the said district shall be, and the same is hereby, Annexed to annexed the second circuit: And there shall be held annu- southern circuit. ally, in the said district, two circuit courts; the first session of Gircuit courts; the circuit court shall commence on the eighteenth day of June two sessions next, the second session on the eighth day of November next, annually, &c. and the subsequent sessions on the like days of every June and November afterwards, except when any of the days shall happen on a Sunday, and then the session shall commence on the next day following. And the sessions of the said circuit courts shall be held at Newbern. at Newbern. dollars. § 4. That there shall be allowed to the judge of the said dis- Salary of the trict, the yearly compensation of fifteen hundred dollars, to judge, 1,500 commence from his appointment, and to be paid at the treasury of the United States, in quarterly payments. [Approved, June 4, 1790.] CHAP. 45. [18.] An act supplemental to the act for establishing the salaries of Vol. i. p. 48, the executive officers of government, with their assistants and clerks. 686. state to appoint an addi § 1. Be it enacted, &c. That the more effectually to do and Secretary of perform the duties in the department of state, the secretary of the said department be, and is hereby, authorized, to appoint an tional clerk; additional clerk in his office, who shall be allowed an equal sala- with a salary ry, to be paid in the same manner, as is allowed by law to the of 800 dollars. chief clerk. [Approved, June 4, 1790.] CHAP. 46. [19.] An act for giving effect to the several acts therein mentioned, in Obsolete. respect to the state of Rhode Island and Providence Plantations. force in the § 1. Be it enacted, &c. That the several and respective duties Acts of impost specified and laid in and by the act, entitled "An act for laying and tonnage, a duty on goods, wares, and merchandises, imported into the declared in United States," and in and by the act, entitled "An act impos- state of Rhode ing duties on tonnage," shall be paid and collected upon all Island. goods, wares, and merchandises, which, after the expiration of Vol. i. p. 2, 5. five days from the passing of this act, shall be imported into the state of Rhode Island and Providence Plantations, from any foreign port or place, and upon the tonnage of all ships and vessels, which, after the said day, shall be entered within the said VOL. I. 13 Newport and Providence, each a district, &c. Limits, &c. state of Rhode Island and Providence Plantations, subject to the exceptions, qualifications, allowances, and abatements, in the said acts contained or expressed, which acts shall be deemed to have the like force and operation within the said state of Rhode Island and Providence Plantations, as elsewhere within the United States. § 2. That for the due collection of the said duties, there shall be, in the said state of Rhode Island and Providence Plantations, two districts, to wit: The district of Newport, and the district of Providence. The district of Newport shall comprehend all the waters, shores, bays, harbors, creeks, and inlets, from the west line of the said state, all along the said sea coast, and northward, up the Narraganset bay, as far as the most easterly part of Kinnimicut Point, at high water mark; and shall include the several towns, harbors, and landing places, at Westerly, Charlestown, South Kingstown, North Kingstown, East Greenwich, and all that part of the town of Warwick southward the latitude of said Kinnimicut Point; and also the towns, harbors, and landing places of Barrington, Warren, Bristol, Tiverton, Little Compton, and all the towns, harbors, and landing places, of the island of Rhode Island, Kinnimicut, Prudence, New Shoreham, and every other island and place within the said state southward of the latitude of the said Kinnimicut Point. The district of Providence shall comprehend all the waters, shores, bays, harbors, creeks, and inlets, within the said state, northward of the latitude of said Kinnimicut Point. The town of Ports of entry Newport shall be sole port of entry in the said district of Newand delivery, port; and a collector, naval officer, and surveyor, shall be apdistrict: pointed, to reside at the said town of Newport; and North Kingstown, East Greenwich, Barrington, Warren, Bristol, and Pawcatuck River, in Westerly, shall be ports of delivery only; and a surveyor shall be appointed, to reside at each of the ports of North Kingstown, East Greenwich, Warren, Bristol, and Pawcatuck River; and the surveyor to reside at Warren, shall be and in Provi- surveyor for the port of Barrington. The town of Providence dence district. shall be the sole port of entry in the said district of Providence ; and Patuxet, in the same district, shall be a port of delivery only ; and a collector, naval officer, and surveyor, shall be appointed, to reside at Providence; and a surveyor shall be appointed, to reside at Patuxet. in Newport Regulations, § 3. That all the regulations, provisions, exceptions, allow&c. of the act referred to, not ances, compensations, directions, authorities, penalties, forfeitlocally inap- ures, and other matters whatsoever, contained or expressed in plicable, in the act, entitled "An act to regulate the collection of the duties force, &c. imposed by law on the tonnage of ships or vessels, and on goods, Vol.i. p. 6, 50. wares, and merchandises, imported into the United States," and not locally inapplicable, shall have the like force and effect within the said state of Rhode Island and Providence Plantations, for the collection of the said duties, as elsewhere within the United States, and as if the same were repeated and re-enacted in Proviso; as to this present act: Provided always, and be it declared, That the the operation of parts of cer- thirty-ninth section of the said act, and the third section of an act, entitled, "An act to suspend part of an act, entitled "An tain acts. |