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ously located any entry or entries, that then, and in that case, the person or persons baving made such entry or entries, or their assignee or assignees, shall have leave, and be at full liberty 10 remove the location of such entry or entries, lo 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 granı or grants heretofore declared void, by any ed void.

grants declaract 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 10 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 inclu. sive, according to their respective and usual proportion in the general charge and expenditure, and shall be faitlifully disposed of for that purpose, and for no other use or purpose whatever. Fourthly, That the territory so ceded, shall be laid out and form

4th condition ; ed into a stale or stales, containing a suitable extent of territo

as to the terris ry, the inhabitants of which shall enjoy all the privileges, bene- tory ceded befils, and advantages, set forth in the ordinance of the laie con- ing formed ingress for the government of the Western Territory of the United to a stale. 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 Obio enjoy : Provided always, That no regulations made, or to be made, Proviso ; as to by congress, shall end to emancipate slaves. Fifthly, That the 5th condition ; inbabitants 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 condic ihe requisitions of congress on this state. Sixthly, That all per- tion. sons indebied to this stale, residing in the territory intended to 6th condition ; be ceded by virtue of this acı, shall be held and deemed liable as to payment

of debts to the to pay such debl or debts in the same manner, and under the same penally or penalties, as if this act had never been passed. Seventhly, That if the congress of the United States do not ac- 7th condition ; cepl the cession hereby intended to be made, in due form, and as to the acgive official notice thereof 10 the executive of this state, within ceptance of

. 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 ibis act, shall be, and continue, in full force within the terri- force. tory hereby ceded, until the same shall be repealed, or otherwise allered, by the legislative authorily of the said territory. Ninthly, 9th condition ; That the lands of nonresident proprietors within the said ceded as to lands of



nessee and

Territory, shall not be taxed higher than the lands of residents. 10th condi- Tenthly, That this act shall not prevent the people now residing tion; as to south of French Broad, between the rivers Tennessee and Big pre-emption between Ten- Pidgeon, from entering their pre-emptions in that traci, should

on office be opened for that purpose under an act of the present Big Pidgeon. general assembly. And be it further enacted by the authority Sovereignty

aforesaid, That the sovereignty and jurisdiction of this state, until accept- in and over the territory aforesaid, and all and every the inance of ces- habitants thereof, shall be and remain ihe same, in all respects, sion, &c.

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 assernbly, the
day of December, A. D. 1789.


Conveyance Now, therefore, know ye, That we, SAMUEL JOHNSTON, and by Samuel

BENJAMIN HAWKINS, senators aforesaid, by virtue of the power Johnston and Benjamin

and authority commilied 10 us by the said act, and in the name, Hawkins.

and for and on behalf of the said stale, 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 inclu-
sive, all right, title, and claim, which the said state hath to the
sovereignty and territory of the lands situated within the char-
tered limits of the said stale, as bounded and described in the
above recited act of the general assembly, to and for the uses
and purposes, and on the conditions, meniioned in the said act.
lu wiiness 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 ninely, and in the four-
teenth year of the independence of the United States of

[L. s.]
Signed, sealed, and delivered,
in the presence of

SAM: A. Oris.

Be it enacted, fc. That the said deed be, and the same is here, Acceptance by the U.

by accepted. [Approved, April 2, 1790.] States.

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

§ 1. Be it enacted, fc. That upon the petition of any person Vol. I. p. 300. or persons, to the secretary of state, the secretary for the dePetition.

partment of war, and the attorney general of the United States, To whom. Its tenor.

selling forth, that he, she, or they, haih, or have, invenied 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 10 and for the said secretary of state, the secreSecretary of state, &c. to

tary for the department of war, and the attorney general, or any determine. two of them, if they shall deen the invention or discovery suffiLetters patent ciently useful and important, to cause letters patent to be made

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 sugges. and tenor. tions 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.

Duration of lors or assigns, for any term not exceeding fourteen years, the the patenc. sole and exclusive right and liberty of making, constructing, using, and vending to others to be used, ihe said invention or discovery ; which letters patent shall be delivered to the attorney Attorney gengeneral of the United Siates, 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 there. of, and present the letters patent so certified to the president, who shall cause the seal of ihe 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 bo 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.

§ 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 specificarion shall be so Specification particular, and said models so exact, as not only to distinguish and models to

be particular ihe 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 brancli, or wherewith it may be nearest connected, to make, construct, or use, the same, lo the end that the public may have the full benefit thereof, after the expiration of the pateni 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 co

pies evidence, jurisdictions, where any matter, or thing, louching or concerning &c. such patent right or privilege, shall come in question.

§ 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

models, allowto 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, lo 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 patenVOL. I.


and exact.


fee or patentees, their executors, administrators, or assigns, first had and obtained in writing, every person so offending, shall

forfeit and pay to the suid 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 the case.

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. Patents sur- § 5. That upon oath or affirmation, made before the judge of reptitiously the district court, where the defendant resides, that any patent obtained liable lobe repealed,

which shall be issued in pursuance of this act, was obtained &c.

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 10 him to be sufficient, to grant a rule that the patentee or patentees, bis, her, or their executors, adipinistrators, 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, her, 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 tents; the patentee was not the first and true inventor or discoverer,

judginent shall be rendered by such court, for the repeal of such patent or patents; and if the party at whose complaint the pro.

cess issued, shall have judgment given against him, he shall pay and costs. all such costs as the defendant shall be put to in defending the

suit, lo be taxed by the courl, and recovered in such manner as costs expended by defendants shall be recovered in due course

of law. 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

or specifications shall be prima facie evidence, that the said pa. tenlee or patenlees, 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 thal, nevertheless, the General issue, defendant or defendants, may plead the general issue, and give & dants, on no- this act, and any special matter whereof notice in writing shall tice.

have been given to the plaintiff, or his attorney, thirty days before the trial, in evidence, tending to prove that the specifica

tion filed by the plaintiff, does not contain the whole of the Verdict and truth concerning bis invention or discovery ; or that it contains judgment for more than is necessary to produce the effect described ; and if defendant in

the concealment of part, or the addition of more than is neces. case of false specification. sary, 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 Fees for filing verdict and judgment shall be for the defendant. suing patents.

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

ery, &c.

papers and is.

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 cenis; for making out patent, i wo 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 il enacted, fc. 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 Polowmac, to come to, and depo- Restriction, sile 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 nexi, to the first of May, in ihe year one thousand seven suspended'un. hundred and pinety-one.

til ist 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 delive included in the district of New London. [Approved, April 15, ery in the dis

trict of New 1790.]

London. Chap. 36. (9.) An act for the punishment of certain crimes against the United Vol. i. p. 231, States. (a)

352, 469, 558. § 1. Be it enacted, f.c. That if any person or persons, owing Vol.ii. p. allegiance to the United States of America, shall levy war against 1738. tbem, 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 convicied, 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 sliall suffer deaih.

§ 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 treason, and

its punishthereof, or to the president or governor of a particular slate, or some one of the judges or justices thereof, such person or persons, on conviction, shall be adjudged guilty of misprision of Imprisontreason, and shall be imprisoned not exceeding seven years, and ment, and fine

of 1,000 dolls. fined not exceeding one ihousand dollars.

§ 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

with death. States, commit the crime of wilful murder, such person or persons, on being thereof convicted, shall suffer death.

p. 940,


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

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