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and restriction, in the same manner as are original applications for patents ; the commissioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with the decision of the commissioner; and in all such cases, the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the privileges and proceedings as are provided by law in the case of original applications for patents.(1)
7. Any thing in the fifteenth section of the act to which this is additional, to the contrary notwithstanding, whenever by mistake, accident, or inad vertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have in his specification claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bona fide his own; provided it shall be a material and substanlial part of the thing patented, and be definitely distinguished from the other parts so claimed without right as aforesaid. And every such patentee, his executors, administrators, and assigns, whether of a whole or a sectional interest therein, shall be entitled to maintain a suit at law or in equity on such patent, for any infringement of such part of the invention or discovery as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But, in every such case in which a judgment or verdict shall be rendered for the plaintiff, he shall not be entitled to recover costs against the defendants, unless he shall have entered at the patent office, prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right : Provided, however, That no person bringing any such suit shall be entitled to the benefits of the provisions contained in this section who shall have unreasonably neglected or delayed to enter at the patent office, a disclaimer as aforesaid.(2)
8. The commissioner is hereby authorized and empowered to appoint agents in not exceeding twenty of the principal cities or towns in the United States, as may best accommodate the different sections of the country, for the purpose of receiving and forwarding to the patent office all such models, specimens of ingredients and manufactures, as shall be intended to be patented or deposited therein, the transportation of the same to be chargeable to the patent fund.(3)
9. Instead of one examining clerk, as provided by the second section of the act to which this is additional, there shall be appointed, in manner there. in provided, two examining clerks, each to receive an annual salary of fifteen hundred dollars ; and also an additional copying clerk, at an annual salary of eight hundred dollars. And the commissioner is also authorized to employ, from time to time, as many temporary clerks as may be necessary to execute the copying and draughting required by the first section of this act, and to examine and compare records with the original, who shall receive not exceeding seven cents for every page of one hundred words, and for drawings, and comparison of records with originals, such reasonable com. pensation as shall be agreed upon or prescribed by the commissioner.(4)
10. Whenever the application of any foreigner for a patent shall be rejected and withdrawu for want of novelty in the invention, pursuant ta the
(1) Act 3d March, 1837, sec. 8 . (2) Ibid. sec. 9.
(3). Ibid, sec. 10.
seventh section of the act to which this is additional, the certificate thereof by the commissioner shall be a sufficient warrant to the treasurer to pay back to such applicant two-thirds of the duty he shall have paid into the trea. sury on account of such application.(1)
11. In all cases in which an oath is required by this act, or by the act to which this is additional, if the person of whom it is required shall be conscientiously scrupulous of taking an oath, affirmation may be substituted therefor.(2)
12. All moneys paid into the treasury of the United States for patents and for fees for copies furnished by the superintendent of the patent office prior to the passage of the act to which this is additional, shall be carried to the credit of the patent fund created by said act; and the moneys constituting said fund shall be, and the same are hereby appropriated for the payment of the salaries of the officers and clerks provided for by said act, and all other expenses of the patent office, including all the expenditures provided for by this act; and, also, for such other purposes as are or may be hereafter specially provided for by law. And the commissioner is hereby authorized to draw upon said fund, from time to time, for such sums as shall be necessary to carry into effect the provisions of this act, governed, however, by the several limitations herein contained.
13. And it shall be his duty to lay before congress, in the month of January, annually, a detailed statement of the expenditures and pay. ments by him made from said fund. And it shall also be his duty to lay before congress, in the month of January, annually, a list of all patents which shall have been granted during the preceding year, designating, under proper heads, the subjects of such patents, and furnishing an alphabetical list of the patentees, with their places of residence; and he shall also furnish a list of all patents which shall have become public property during the same period ; "together with such other information of the state and condition of the patent office, as may be useful to congress or the public (3)
Person imprisoned at suit of United Proceedings on such applications 2193
States may be enlarged-how 2187 Commissioners of insolvency to be To whom this benefit shall not be appointed-their duties
2188 Duty of secretary of treasury on re. Privilege of prison limits extended
port of commissioners
2195 to prisoners, on process from Compensation of commissioners 2196 courts of United States
2189 Compensation of district attorney 2197 Provision for release of debtor im. Annual report of secretary of trea. prisoned, on executi from United
sury to congress
2198 States court, not on suit of United Provisions of act 2d March, 1831, ex. States
2190 tended to certain debtors 2199 False oath in the above cases, per- Debtor may be discharged, without jury-debtor to be re-committed 2191
2200 Certain debtors of United States Debtor not to be discharged whilst
may apply for discharge from sureties are able to pay, without debt-how 2192 their consent
(1) Act 3d March, 1837, sec. 12.
Ibid. sec. 13.
(3) Ibid. sec. 14.
Provision in case of death, or ab. faction to be entered on judgsence of surety, &c.
case of death or absence of surety, continued
2203 Such acts to apply to cases occur. Secretary of treasury may cause satis- ring previous to 1st January, 1837 2206
ART. 2187. Any person imprisoned upon execution issuing from any court of the United States, for a debt due to the United States, which he shall be unable to pay, may, at any time after commitment, make application in writing, to the secretary of the treasury, stating the circumstances of his case, and his inability to discharge the debt; and thereupon, such secretary may make, or require to be made, an examination and inquiry into the circumstances of the debtor, either by the oath or affirmation of the debtor, (which the secretary, or any other person by him especially appointed, may administer,) or otherwise, as the secretary shall deem necessary and expedient, to ascertain the truth; and upon proof being made to his satisfaction, that such debtor is unable to pay the debt for which he is imprisoned, and that he hath not concealed, or made any conveyance of his estate, in trust, for himself, or with an intent to defraud the United States, or deprive them of their legal priority, the secretary may receive from such deblor, any deed, assignment, or conveyance, of the real or personal estate of such debtor, if any he hath, or any collateral security, to the use of the United States : and upon a compliance by the debtor, with such terms and conditions as the secretary may judge reasonable and proper, under all the circumstances of the case, the secretary may issue his order, under his hand, to the keeper of the prison, directing him to discharge such debtor from his imprisonment under such execution, and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the said debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor.(1)*
2188. The benefit of this act shall not be extended to any person imprison. ed for any fine, forseiture, or penalty, incurred by a breach of any law of the United States, or for moneys had and received by any officer, or agent, or other person, for their use.(2)
2189. Persons imprisoned on process issuing from any court of the United States, as well at the suit of the United States, as at the suit of any person or persons in civil actions, shall be entitled to like privileges of the yards or limits of the respective gaols, as persons confined, in like cases, on process from the courts of the respective states, are entitled to, and under the likę re. gulations and restrictions.(3)
2190. Any person imprisoned on process of execution, issuing from any court of the United States, in civil actions, except at the suit of the United States, may have the oath or affirmation, hereinafter expressed, administered to him, by the judge of the district court of the United States, within whose jurisdiction the debtor may be confined ; and in case there shall be no district judge residing within twenty miles of the gaol wherein such debtor may be confined, such oath or affirmation may be administered by any two per
(1) Act 6th June, 1798, sec. 1,
(3) Act January, 1800, sec. 1. See United States v. Noah, 1 Paine, 368.
The discharge by the secretary of the treasury of the principal in a bond to the United States, who is imprisoned, under a ca sa, issued against him, and who has assigned all his property for the use of the United States, does not impair or affect the rights of the United States to proceed against sureties for the amount due upon the judgment and unpaid.—United States v. Stanbury, et al. 1 Pet. 573.
sons who may be commissioned for that purpose by the district judge: The creditor, his agent, or attorney, if either live within one hundred miles of the place of imprisonment, or within the district in which the judgment was rendered, having had at least thirty days' previous notice, by a citation serv. ed on him, issued by the district judge, to appear at the time and place therein mentioned, if he see fit, to show cause why the said oath or affirmation should not be administered: At which time and place, if no sufficient cause, in the opinion of the judge, (or the commissioners appointed as aforesaid,) be shown, or doth, from examination, appear to the contrary, he or they may, at the request of the debtor, proceed to administer to him the following oath or affirmation, as the case may be, viz: “ You solemnly (swear or affirm) that you have no estate, real, or personal, in possession, reversion, or remainder, to the amount or value of thirty dollars, other than necessary wear. ing apparel; and that you have not, directly or indirectly, given, sold, leased, or otherwise conveyed to, or intrusted, any person or persons, with all, or any part, of the estate, real or personal, whereof you have been the lawful owner or possessor, with any intent to secure the same, or to receive, or ex. pect, any profit or advantage therefrom, or to defraud your creditors, or have caused, or suffered to be done, any thing else whatsoever, whereby any of your creditors may be defrauded.” Which oath or affirmation being ad. ministered, the judge or commissioners shall certify the same, under his or their hands, to the prison keeper, and the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned again for the said debt, but judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or any time afterwards, belong to the debtor. And the judge or commissioners, in addition to the certificate by them made and delivered to the prison keeper, shall make return of their doings to the district court, with the commission, in cases where a commission hath been issued, to be kept upon the files and record of the same court. And the said judge, or commissioners, may send for books and papers, and have the same authority as a court of record, to compel the appearance of witnesses, and administer to them, as well as to the debtor, the vaths or affirmations necessary for the inquiry into, and discovery of, the true state of the debtor's property, transactions, and affairs.(1)
The oath prescribed by the act, entitled, “ An act for the relief of persons imprisoned for debt,” passed on the sixth day of January, anno domini one thousand eight hundred, may be, in all cases, administered to the person en. titled to take the same, either by any judge of the supreme court of the United States, or by the district judge for the district within which such per. son may be, or by any person or persons commissioned by any judge of the supreme court, or the said district judge, for that purpose.(2)
The person or persons who shall or may be commissioned, either by any judge of the supreme court of the United States, or by any district judge of the United States, to administer the oath prescribed by the act, entitled, “An act for the relief of persons imprisoned for debt,” passed on the sixth day of January, anno domini, one thousand eight hundred, shall, and may have full power and authority to issue a citation, directed to the creditor, his agent, or attorney, if either lives within one hundred miles of the place of imprison. ment, requiring him to appear at the time and place therein mentioned, if he see fit, to show cause why the said oath or affirmation should not be administered.(3)
If the creditor, his agent, or attorney, lives within fifty miles of the place of
(1) Act January, 1800, sec. 2. (2) Act January 7th, 1824.
(3) Act April 22d, 1824, sec. 1.
imprisonment, only fifteen days' previous notice by citation shall be required.(1)
When the examinations and proceedings aforesaid, in the opinion of the said judge or commissioners, cannot be had with safety or convenience, in the prison wherein the debtor is confined, it shall be lawful for him or them, by warrant or under his or their hands and seals, to order the marshal or prisonkeeper to remove the debtor to such other place, convenient and near to the prison, as he or they may see fit ; and to remand the debtor to the same prison, if, upon examination, or cause shown by the creditor, it shall appear that the debtor ought not to be admitted to take the above recited oath or affirmation, or that he is holden for any other cause.(2)
Any person imprisoned upon process issuing from any court of the United States, except at the suit of the United States, in any civil action, against whom judgment has been, or shall be, recovered, shall be entitled to the privileges and relief provided by this act, after the expiration of thirty days from the time such judgment has been, or shall be, recovered, though the creditor should not, within that time, sue out his execution, and charge the debtor therewith.(3)*
Any person imprisoned upon execution for a debt due to the United States, which he shall be unable to pay, if his case shall be such as does not autho. rize his discharge by the secretary of the treasury, under the powers given him by the act, entitled, “ An act, providing for the relief of persons imprisoned for debts due to the United States," (art. 2187,) may make application to the president of the United States, and upon proof being made to his satisfaction that such debtor is unable to pay the debt, and upon a compliance by the debtor with such terms and conditions as the president shall deem proper, he may order the discharge of such debtor from his imprisonment, and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the same debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time after. wards, belong to the debtor.(4)
2191. If any person shall falsely take an oath or affirmation, authorized by this act, or by act of 6th June, 1798, or by act 2d March, 1831, such person shall be deemed guilty of perjury, and, upon conviction thereof, shall suffer the pains and penalties in that case provided. And in case any false oath or affirmation be so taken by the debtor, the court, upon the motion of the creditor, shall recommit the debtor to the prison from whence he was libe. rated, there to be detained for the said debt, in the same manner as if such oath or affirmation had not been taken.(5)
2192. Any person who was an insolvent debtor on or before the first day of January 1831, and who is indebted to the United States for any sum of money then due, which he is unable to pay, unless such person be indebted as the principal in an official bond, or for public money received by him, and not paid over or accounted for according to law, or for any fine, forfeiture, or penalty, incurred by the violation of any law of the United States, may make application in writing, under oath or affirmation, to the secretary of
(1) Act April 22d, 1824, sec. 2. (2) Act 6th January, 1800, sec. 3. (3) Ibid. sec. 5.
(4) Act 3d March, 1817.
(5) Act 6th Jan. 1800, sec. 4.-6th June, 1798.--20 March, 1831, sec. 5.
Under this section the day of entering the judgment corresponds to the day of arrest under the previous sections of this act ; and therefore, thirty days after the judgment, the defendant may be discharged, complying with the other requisitions of the law.-Bank U. S. v. Weisiger, 2 Pet. 331.