SEC. 3. And be it further enacted, That to the marshal of the District of Columbia there shall be allowed and paid, for every day's attendance upon the court of impeachment, during the said trial, the sum of five dollars, the amount to be ascertained and certified by the secretary of the Senate; which certificate shall be a sufficient voucher to entitle the said marshal to receive from the treasury of the United States, the amount certified to be due, unless otherwise ordered by the Senate. SEC. 4. And be it further enacted, That there shall be paid to the marshal of the state of Missouri, the sum of fifty dollars; and to the marshal of the territory of Arkansas, the sum of five dollars, for serving and returning subpoenas for witnesses, issued by order of the said court. SEC. 5. And be it further enacted, That the sum of thirteen thousand five hundred dollars be, and the same is hereby, appropriated to defray the expenses incurred under the provisions of this act, to be paid out of any money in the treasury not otherwise appropriated. APPROVED, February 3, 1831. STATUTE II. Feb. 3, 1831. 87,360 dollars appropriated. CHAP. XV.—An Act to authorize the construction of three schooners for the naval service of the United States. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby, authorized to cause to be built, equipped, and employed in the naval service of the United States, three schooners, not exceeding twelve guns each; and that the sum of eightyseven thousand three hundred and sixty dollars be, and the same is hereby, appropriated, out of any moneys in the treasury not otherwise appropriated, for the purpose of carrying the foregoing provisions into effect. APPROVED, February 3, 1831. STATUTE II. Feb. 3, 1831. Authors of books, &c. and &c. to have sole right for twenty their executors, eight years. Renewal of privilege for fourteen years. Conditions. CHAP. XVI.-An Act to amend the several acts respecting copy rights. (a) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passing of this act, any person or persons, being a citizen or citizens of the United States, or resident therein, who shall be the author or authors of any book or books, map, chart, or musical composition, which may be now made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched, or worked from his own design, any print or engraving, and the executors, administrators, or legal assigns of such person or persons, shall have the sole right and liberty of printing, reprinting, publishing, and vending such book or books, map, chart, musical composition, print, cut, or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. SEC. 2. And be it further enacted, That if, at the expiration of the aforesaid term of years, such author, inventor, designer, engraver, or any of them, where the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the United States, or resident therein, or being dead, shall have left a widow, or child, or children, either or all then living, the same exclusive right shall be continued to such author, designer, or engraver, or, if dead, then to such widow and child, or children, for the further term of fourteen years: Provided, That the title of the work so secured shall be a second (a) See notes of the acts which have been passed relating to copyrights, vol. ii. p. 171. Notes of the decisions of the courts of the United States on the law of copyrights, vol. i. p. 124. Publication of time recorded, and all such other regulations as are herein required in re- day of To be record Form of re 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 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 to 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 of any such book, map, chart, musical composition, print, cut, or engraving, 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 shall be the duty of the clerk of each district court, at least once in every year, to transmit a certified list of all such records of copyright, including the titles so recorded, and the dates of record, and also all the 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 to the benefit of this act, unless he shall give information of copyright being secured, by causing to be inserted, in the several copies of each 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 persons, from and after the recording the title of any book or books, according 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 copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed, or printing, pub Fee. Copy of work to be deposited. List of works and copies to be the Secretary of State. transmitted to Notice of co pyright to be printed, &c. 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. SEC. 7. And be it further enacted, That, if any person or persons, after the recording the title of any print, cut, or engraving, map, chart or musical composition, according to the provisions of this act, 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, 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 forfeit 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 any court having competent jurisdiction thereof. SEC. 8. And be it further enacted, That nothing in this act shall be 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. SEC. 9. And be it further enacted, That any person or persons who shall print or publish any manuscript whatever without the consent of the 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 occasioned by such injury, to be recovered by a special action on the case founded upon this act, in any court having cognisance thereof; and the 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 aforesaid. 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. SEC. 11. And be it further enacted, That, if any person or persons, 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 purporting 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 to the use of the United States, to be recovered by action of debt, in any court of record having cognisance thereof. 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. Limitation of SEC. 13. And be it further enacted, That no action or prosecution shall 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 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," passed May thirty-first, one thousand seven hundred and ninety, and the act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be, and the same are hereby, repealed: 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 of this act, intended for the protection and security of copyrights, and providing remedies, penalties, and forfeitures, in case of violation thereof, shall be held and construed to extend to the benefit of the legal proprietor or proprietors of each and every copyright heretofore obtained, according 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. Repeal of act of May 31, 1790, ch. 15. Art of April 29, 1802, ch. 36. Provisions of to this act for security of copyrights, &c. extend to existing copyrights. Extension of 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 shall not extend to any copyright heretofore secured, the term of which has already expired. APPROVED, February 3, 1831. Proviso. STATUTE II. Feb. 3, 1831. Act of March CHAP. XVII.-An Act to amend the act for taking the fifth census. (a) Be it enacted by the Senate and House of Representatives of the United 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. ed for assistant turns. Proviso. re Time extend- spective returns to such marshals, under the act hereby amended, to complete 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 before the first day of August, one thousand eight hundred and thirtyone: Provided, That nothing herein contained shall be deemed to release such marshals and assistants from the penalties contained in the act aforesaid, unless their returns shall be made within the time prescribed in this act: And provided further, That no persons be included in the returns 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. Proviso. Certain copies to be retained by clerks courts. ed. of Errors to be SEC. 2. And be it further enacted, That the copies of returns and 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 Department of State, is hereby repealed. SEC. 3. And be it further enacted, That it shall be the duty of the noted 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. STATUTE II. Feb. 12, 1831. Act of May 26, 1824, ch. 188. Act of May 26, 1830, ch. 105. President of United States to pay the claim of Philip Doddridge. CHAP. XIX.-An Act to amend the act entitled "An act to quiet the title of certain 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) Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in addition to the sum appropriated by the act, entitled "An act to quiet the titles of certain purchasers of lands between the lines of Ludlow and Roberts, in the state of Ohio," approved the twenty-sixth of May, in the year eighteen hundred and thirty, the President of the United States be, and he is 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 deed 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. |