ffhole No
The Tarborough JPress,
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BY AUTHORITY".
LVVS OF THE UNITED STATES,
PASSED AT THE THIRD SESSION OF THE
T WE NT V- F I F T II CO X G KESS.
Public No. 31.
AN ACT in addition t" "An net lo pro
mote thes progress of the useful arts.
Be it enacted, by the Senate and House
tf Representatives of ths United Stales of
Jtnerica in congress asscrnoica, l nar
tirre shall he appointed, in manner provi
ded in the second section of the act to which
this is additional, two assistant ex miners,
each torjeeiv!-! an annual salary of twelve
hum I re J a n d 1 1 ft y d o 1 1 a r s.
Sec. 2. And be it further enacted,
That the Commissioner be authorized to
employ temporary clerks to do any neces
sity transcribing whenever the current bu
siness of t he office requires it; Provided,
homier, That instead of salary a compen
sation sh:dl be allowed, at a rate not greater
than is charged for copies now furnished
by the office.
Sec. 3. And be it further enacted,
That the Commissioner is hereby aphori
zed to publish a classified and alphabetical
list of all patents granted by the Patent Of
fice previous to said publication, and retain
one hundred copies for the Patent Office and
nine hundred copies be deposited in the li
brary of Congress, for such distribution as
may be hereafter directed; and that one
thousand dollars, if necessary, be appropri
ated, out of the patent fund, to defray the
expense of the sime.
Sec. 4. And be it further enacted.
That, the sum of three thousand six hun
dred and fifty-nine dollars and twenty-two
cents be, and is hereby, appropriated
from the patent fund, to pay for the use
and occupation of rooms in the City Hall
by the Patent Office.
Sec. 5. And be ii further enacted,
Thai the sum of one thousand dollars be
appropriated from the patent fund, to be
expended under the direction of the Com
missioner, for the purchase of necessary
books for the library of the Patent Office.
Sec 6. And be it farther enacted,
That no person shall be debarred from ic
cciving a patent for any invention or dis
covery, as provided in the act approved
on the fourth day of July, one thousand
tight hundred and thirty-six, to which this
js additional, by reason of the sime hiving
"cen patented in a foreign country more
ttan six months prior to his application:
Provided, That the same shall not have
been introduced into public and common
in the United States, prior to the ap
IJlication for such patent; And provided,
i That in all cases every such patent
s,iall be limited to the term of fourteen
years from the date or publication of such
iureign letters patent.
Sec. 7. And be it further enacted,
nat every person or corporation who has,
or sna'l have, purchased or constructed any
newly invented machine,' manufacture, or
cmposition of matter, prior to the ap
P 'cation by the inventor or discover for a
Palent, shall be held to possess the right to
Use anJ vend to others to be used, the spe
jj ' ic machine, manufacture, or composition
maiter so made or purchased, without
'ability therefor to the inventor, or any
ner person interested in such invention;
no patent shall be held to be invalid
0i,reiJson such purchase, sale, or use pri
lo the application fora patent as aforesaid,
ccpt on proof of abandonment of such
'ention to the public; or that such pur-.
ase, sale, or prior use has been for more
2 patent pr,r l SUh aPP,ication for
c. S. And be it further enacted,
That?!) much of the eleventh section; of the
anovc recited act as requires the payment
of three dollars 2 the Com.missioner f Pa
terts for recording any assignu.?n, ?rant
r conveyance of the whole or any part of
the interest or right under any patent, be,
Uui same is hereby, repealed and all
p
larborough,
stHi assignments, irronti.
BJ, ill -c. ' "u conveyances
ehi'iowh reCOr(,ed VVhh0Ut
Sec. 9. And be it further enacted,
I hat a sum of money not exceeding one
thousand do hrs, be, and the same is hereby"
appropr.ated, ovt ofihe patent fund, to be
expended by the Commissioner of Patents
m he collection of agricultural statistics,
and for other agricultural purposes; for
which the said Commissioner shall account
in his next annual apport.
Skc. 10. And be it further enacted,
1 nat the provisions of the sixteenth section
ot the before recited act shall extend to all
cases where patents are refused for any rea
son whatever, either by the Commissioner
ot 1 atents or by the chief justice of the
District ol Columbia, upon appeals from the
decision of said Commissioner, as well as
where the same shall have been refused on
account of, or by reason of, interference
with a previously existing patent ; and in all
cavjs wncre there is no
... r.. . -,, .. 7 -ri'-""o P""J "
cupy uiine uui snail he serve I upon the
Commissioner of Patents, when the whole
of the expenses of the proceeding shall be
paid by the applicant, whether tin final
decision shall be in his favor or otherwise.
Skc. ll. And be it further enacted,
Tint in all cases where an appeal is now
allowed by law from the decision of the
Commissioner of Patents to a board of ex
aminers provided for in the seventh section
of the act to which this is additional, the
party, instead thereof, shall have a right to
appeal to the chief justice of the district
court of the United States for the District
of Columbia, by giving notice thereof to
the Commissioner, and filing in the Patent
Office, within such time as the Commission
er shall appoint, his reasons ofappcal, spe
cifically set forth in writing, and also pay
ing into the Patent Office, to. the credit of
the patent fund, the sum of twenty-five
dollars. And it shall be the duty of said
chief justice, on petition, to hear and deter
mine all such appeals, and to revise such
decisions in a summary way, on the evi
dence produced before the Commissioner,
at such early and convenient time as he
may appoint, first notifying the Commis
sioner of the time and place of hearing,
whose duty it shall be to give notice there
of to all parties who appear to be interest
ed therein, in such manner as said judge
shall prescribe. The Commissioner shall
also lay before the said judge all the origi
nal papers and evidence in the case, togeth
er with the grounds of his decision, fully
set forth in writing, touching all the points
involved by the reasons of appeal, to which
the revision shall be confined. And at
the request of any party interested, or at
the desire of the judge, the Commissioner
and the examiners in the Patent Office, may
be examined under oath, in explanation of
the principles of the machine or other thing
for which a patent, in such case, is prayed
for. And it shall be the duty of said judge,
af'cr a hearing of any such case, to return
all the papers to the Commissioner, with a
cer.itieate of his proceedings and decision,
which shall be entered of record in the Pa
tent 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 pre
clude any person interested in favor or
n gainst 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 coir.c in question.
Sec. 12. And be it further enacted,
That the Comnissionerof Patentsshall have
power to make all such regulations in res
peel to the taking of evidence to be used
in contested cases before him, as may be
just and reasonable. And so much of the
act to which this is additional, as provides
fora board of examiners, is hereby repeal
ed. Sec. 13. And be it further enacted.
That there be paid annually, out of the
patent fund, to the said chief justice, in con
sideration of the duties herein imposed, the
sum of one hundred dollars.
JAMES K. POLK,
Speaker of the House of Representatives.
UH. M. JOHNSON
Vict President of the United States, and
President of the Senate.
Appkoved, March 3d, 1S39.
M. VAN 13 U REN.
Public No. 32.
AN ACT giving to the President of the
United Stales additional powers for the
defence of the United States, in certain
coses, against invasion, and for other
purposes.
Be it enacted by the Senate and Hoiise
of Representatives of the United States
of America in Congress assembled, That
the President of the United States be,
and he hereby is, authorized to resist
any attempt on the part of Great Britain,
to enforce, by arms, her claim lo exclu-
t inns
isdiclion over that parioi ine oiaic
a whic.h is in dispute between the
United states and Great Britain) and, for !
( Edgecombe Counlij, J C.) Satin day, June S3, 1830
t.irvr fiirrw. U tt . i .
.j .-.v.v.u U( uie unueti oiates and sucn
portions of the militia as he may deem it
advisjble to call service.
Sec. 2. And be it further enacted
t hat the militia, when called into the ser
vice of the United States by virtue of this
act, or of the act entitled "An act to prd
vide for calling forth the militia to execute
the laws of the Union, suppress insurrec
tions, repel invasions, and to repeal the
ict now in force for these pnrposes," may,
if iri the opinion of the President of the
United States the public interest require it,
be compelled to serve for a term not ex
ceeding six months after the arrival at the
place of rendezvous, in any one year unless
sooner discharged.
Sec. 3. And be it further enacted,
Hint in the event of actual invasion of the
tcrritjiy of the United States by any for
eign power, or of imminent danger of such
invasion discovered, in his opinion, to ex
ist before Congress can be convened to act
upon the subject, the President be and he
is hereby, authorized if he deem the same
expedient, to accept the services of any
number of volunteers not exceeding fifty
thousand, in the manner provided for in
an act entitled "An act authorizing the
President of the United States to accept
the service of volunteers, and to raise an
additional regiment of dragoons or moun
ted riflemen, approved May twenty-third,
eighteen hundred and thirty-six.
Sec. 4. And be it further enacted
That in the event of either of the contin
gencies provided for in this act the Presi
dentof the United States shall be authorized
lo complete the public armed vessels now
authorized by law, and to equip, man and
employ, in actual service, all the naval
force of the United States, and to build,
purchase, or charter, arm, equip, and
man, such vessels and steamboats on the
northern lakes and rivers, whose waters
communicate with the United States and
Great Britain as he shall deem necessasy to
protect the United States from invasion
from that quarter.
Sec 5. And be it further enacted,
That the sum of ten millions of dollars is
hereby appropriated, and placed at his
disposal for the purpose of executing the
provisions of this act; to provide for which
the Secretary of the Treasury is authorized
to borrow money on the credit of the Uni
ted States, and lo cause to be issued certi
ficates of stock signed by the Register of
the Treasury, for the sum to be borrowed,
or any part thereol; and the same to be
sold upon the best terms that may be of
fered after public notice for proposals for
the same: Provided, That no engagement
or contract shall be entered into which
shall preclude the United Stales from re
imbursing any sum or sums thus borrow
ed alter 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.
Sec. G. And be it further enacted,
That the sum of eighteen thousand dollars
be, and the same is hereby, appropriated
out of any money in the Treasury not oth
erwise appropriated, for outfit and salary of
a special minister to Great Britain: Provi
ded, the President of the United Stales
shpll deem it expedient to appoint the
same.
Sec. 7. And he it further enacted,
That in the event of either of the contin
gencies provided for in the first and third
sections of this act, the President of the U
nited Stales shall be authorized to apply a
part not exceeding one million of dellars of
the appropriation made in this act to re
pairing or arming fortifications along the
seaboard and frontier.
Sec. S. And be it further enacted,
That whenever militia or volunteers are
called into the service of the United Slates,
they shall have the organization of the ar
my of the United States, and shall receive
the same pay and allowances:
Sec. 9. And be it further enacted,
That the several provisions of this act shall
be in force until the end of sixty days after
the meeting of the first session of the next
Congress and no longer.
Approved, March 3d, 1839.
Public No. 33.
AN ACT to alter and amend the organic
law of the Territories of Wisconsin and
Iowa.
Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assem bled, That
every bill which shall have passed the
Council and House of Representatives of
the Territoriesof Iowa and Wisconsin shall,
before it become a law, be presented to the
Governor of the Territory; if he approve
he shall sign it, but if not he shall return
it, with his objections, to that House in
which it shall have originated, who shall
enter the objections at large on their jour
nal, and proceed to reconsider it. If, after
such reconsideration, two-thirds of that
House shall agree to pass the bill, it shall
be sent, together with the objections, to
the other House; by which it shall likewise
fi.: i. . .
. .... ...Ul iiwisu ii suau occotjc a law.
Hat, in all such cases, the votes of both
Houses shill be deter iiued by yeas and
nays; and the names of the persons voting
lor and against the bill sh dl be entered on
the journal of each Ho',133 respectively,
(any bill shall not be returned by the
Gevemor withir three days (Sundays
excepted) a"ter it shad have been presented
to him, the sime shall be a la-v in like man
ner as if he had sorted itj unless the As
sembly by adjournment prevent its return,
m which case it shall not be a law.
Sec 2. And be it further enacted,
Tivit this act shall riot be so construed as
deprive Congress of the right to disapprove
of any law passej by the said Legislative
Assembly, or in any way to impair or alter
the power of Congress over laws passed by
said Assembly.
Approved, March 3d, 1839;
Public No. 34
AN ACT to define and establish the eas
tern boundary line of the Territory of
10 wa.
Be it enacted bu the Senate and House
of Representatives of the United States
oj JJmerica in Congress assembled. Thai
uiemmuie or centre ot the main channel of
the river Mississippi shall be deemed, and
is hereby declared, to be the eastern boun
dary line of the Terrritory of Iowa, so far
or to such extent as the said Territory is
bounded eastwardly by or upon said river:
Provided, however, That the said Territo
ry ol Iowa shall have concurrent jurisdic
tion upon thesaid Mississippi river with any
other conterminous State or Territory so
far or to such extent, as the said river shall
lorm a common boundary between the
aforesaid Territory of Iowa and any other
such conterminous State or Territory-.
Approved, March 3d, 1839.
Public No. 35.
AN ACT to authorize the election or ap
pointment of certain officers in the Ter
ritory of Iowa, and for other purposes.
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 shall ber and are hereby, authori
zed to provide by law for the election or
appointment of sheriffs, judges of probate,
Ijuslices of thepeace, and county surveyors,
within the said Territory, in such way or
manner, and at such times and places as
lothem may seem proper and after a law
shall have been passed by the Legislative
Assembly for that purpose, all elections or
appointments of the above-named officers
thereafter to be had or made shall be in pur
suance of suoh law.
Sec 2. And be it further enacted,
That the term of service of the present
Delegate for said Territory of Iowa shall
expire on the twenty-sCv eih day of Octo
ber, eig'-teen hundred and forty; and the
qualified electors of said Territory may
elect a Delegate to serve from the said
twenty-seventh day of October to the fourth
day of March thereafter, at such time and
place as shall be prescribed by law by the
Legislature Assemblyj and theresftcr a
Di legate shall be elected, at such lime and
places, as the Legislative Assembly may
directj to serve for a Congress, as members
of the House of Representatives are now
elected.
Approved, March 3d, 1S39.
Public No. 36. .
AN ACT making appropriations for pre
venting and suppressing Indian hostili
ties for the year eighteen hundred and
thirty-nine.
Be it enacted by the Seriate and House
of Representatives of the United States
of America in Congress assembled, That
tne following sums amounting to one mil
lion eight hundred anil four thousand seven
hundred and seventy-four dollars, be, & ihe
same are hereby, appropriated out of any
money in the Treasury not otherwise appro
priated, lo 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;
lo be expended under the direction of the
Secretary of War, conformably to the acts
of Congress of the nineteenth of March
and the second of July, eighteen hundred
and thirty-six, and of the acts therein refer
red to:
For forage for the horses of the second
dragoons, mounted 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 thou
sand eight hundred and thirty-one dollars;
For freight or transportation of military
supplies ofevery description from the places
of purchase to Florida, two hundred and fifty-four
thousand six hundred and twenty
eight dollars;
For the purchase of wagons, harness,
boats and lighters, horses to keep up the
trains, tools, leather and other materials
for repairs, ninety-two thousand dollars;
For the transportation of supplies from
Vol. XV JVo. 23.
the principal depots, to the several post.
as well as troops, when they move by Ws
ter, including the hire of stearrlboa'a and
other vessels for the service in the rivers
and on thecoast?,and the expenses of main
taining and sailing the several steamers
and transport schdjrters connected with tha
operations of the army, threehundred thou
sand dollars;
For the hire of mechanics, laborers,
mule-drivers, teamsters, and other assis
tants including theif subsistence, and for
soldiers On extra duty, conformably to law,
one hundred thousand dollars;
For the transportation of the militia or
volunteers while marching to and form the
scene of operations, thirty thousand dollars;
For miscellaneous expenses of all kinds,
not embraced under the foregoing heads,
and which, frotn their contingent Character,
cannot be specified, four hundred thousand
dollars -
For accoutrements and arms for infantry
and cavalry, including rrlilitia infantry ahd
cavalry ammunition for men and field ar
tilleryj and repairs of arms, and for con
tingencies, sexenty-one thousand dollars
For the pay of sudh militia and Volunteers
as may have been or may be called Into
the service of the United States, in addition
to the unexpended balance of the appropri
ation for the payment of fouf thousand vol
unteers for the year eighteen hundred arid
thirty-eight, one hundred and fourteen
thousand three hundred and fifteen dollars;
For the purpose of holding a treaty with
the Seminole Indians five thousand dol
lars; For the purchase and maintaining In ae
live service three vessels of light draught
of water, to cruise along the coast of Flori
da for the protection of the lives and
property of the citizens, fifty thousand dol
lars. For paying the value of the horses and
equipage of the Tennessee and other volun
tcers who have at any timd been in the ser
vice of the United States in the Territory
of Florida and which vvere turned over
to the Government bv the Order of the
commanding officer, said value to be ascer
tained by the appraisement of said value
wheii the the volunteers entered the ser
vice, fifty-two thousand dollars. And
the provisions of acts approved and in
force at Various periods since eighteen hun
dred and twelve, authorizing payment for
horses lost in the service of the United
States by rangers, militia and volunteers
are hereby revived and extehdfed for two
years from and after the passage of this act)
and under the action of the Third Auditor,
shall be deemed 10 embrace all cases not
already satisfied, of horses lost to their
r 1 1 .i
uwuers in service as aioresaio, in oaiue or
otherwise, when care and diligence be
rendered manifest on the part of the owner
and if the death or loss of ranger's horses
shall haVe occurred for want of forage it bo
at places where acting in obedience to the
orders of commanding ofacers fdntge could
hot have been procured by prop fir vigilance
on the part of the owner: No payment
however, shall be made fdr horses or other
property lost or destroyed when the loss
or dest mi-ton shall have been occasioned
by the fault or neglect of the owner, or
where by t lie termsof the contract, the risk
was upon the owner of the property and nd
greater sum of money thart the fifty-two
thousand dollars appropriated by this sec
tion, shall be drawn from the Treasury by
reason of its provisions.
Sec. 2. And be it further enact ed
That no part of the money, appropriated
by this act shall be applied to thfe payment
of any volunteers, except for arrerages; of
for any expenses growingout ofthe employ
ment of any volunteers for the year eijghi
teen hundred and thirty-eight. ,
Approved, March 3d 1839. '.
Peru and Chili. My the arrival ofttie'
ship Natchez, at New York from Valparai
so, the New York Commercial has receiv
ed official confirmation of the great battle
between the Chilians and the army of the
Protector, Santa Cruz, in which the latter
as completely routed. The spoils' Ofthe
victors were 3,400 prisoners, all ihe Pro
tector's artillery, horses, &c. and S9OO,O0O
in money. Generals Moranand Urdinthea
were killed and five other generals wer
made prisoners Santa Cruz escaped fy jfr
only twenty men.
After the batlld, General Sattta O.-uz is
sued a proclamation to the people, cf Peru
and Bolivia, from which it appears that he
is determined lo make another effort to re
trieve his fallen fortunes. , '
Mexico. Information, from Vera Cruz
by way New Orleans, confirms the report
of the defeat of the Rcvoli;'uoary party in
Mexico and the execution of Gen. Alex
ia. Urrea and his companion had taken,
flight The batt.e which led to this result
lasted several hours, and was decided
against the insurgents by the arrival ao4
eharfft nf 9 hnAv nf rvalrv mmminrlarl k
Gen. Santa Ana in person. Alexia was
mea lorinwun Dy a court martial, senten
ced to death, and shot at 5 o'clock'
, same day. Nat, InU
1