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LAWS OF TIIE ( MTHI) STATES,
PARKED AT THE TW RXTY.HH II 111 COXur.l'.SS,
FIKS.' SFSFIOX.
[Pt i:i ie—\ 7-j.i
AN AC 1 to promote the of use
ful arts, ami to repeal all act- tail purls
heretofore m ule lor that purpose.
lit' it enacted. by f/;i' Senate an ’ 1 bitts
of l{e;,r,sod.ifir.t. oft!.' I ...7, ' X, ( /As
America in
shall be < sitiblispe.l am! attached to the De
partment oi State, :i office to be ilenomhia
te<! the Patent Office; the chief officer ol
tvhich shall be calm.! the < omuii;• ‘.m< r o!
Patents l > be appointed by the President,
by and with the ad vic.-nn I consent < f the
Senate, whose duty it shall be, under the di
rection of the Secretary of State, to superin
tend, execute, and perform, JI Mich nets and
things touching a; Jn - pectin < the graining
and issuing of patents for new mid tuefui
discoveries, inventions, mid improvements,
is are herein provided for, or shall hereinaf
ter be, by law, directed to be done and
performed, ami shall h ive the charge amt
custody o! all the books, tccords, papers,
models, madels, inaclii'ies. and all other
things belonging to sail! office. Ami said
Commissioner slid! receive the saute com
pensation as is allowed by 1,;.. to ti e Com
missioner of tiie Indian Di; arttnent, and
shall be entitled to * ad and reeeiv. letters
and pitch tges by m dl, rel tint - t > (he bttsi
uess ot th. l office, free of; ostnge.
Sec. 2. And it farth. r t.-a led, That
there shall be, in said office, and inferior
officer, to be appointed by the said principal
officer, with the approval of the Secreta
ry ot State, to receive an . itnttal salary of
seventeen hundred do lars, and to called
the Chief Cleric ci’ the Pate: t Office; who,
in all cases during the Decenary absence ot
the Commissioner, or when die said princi
pal office shall become vnea :, shall have
the charge and custody of the seals, and of
the records, books, papers, machines, mod
els and al! other things belnnging to the of
fice, and shall perform the duties of Com
missioner during such vacancy. An I the
said Commissioner may also, with like ap
proval, appoint an examining clerk, nt an
annual salary of fifteen hundred dollars ;
two other clerks at twelve hundred dollars
each, one ot whom shall be a competent
draughtsman ; one other clerk at one tlimt
»ond dollars; a magistrate at twelve hun
dred and filly doll irs ; and a messenger at
seven hundred dollars. And said Com
missioner, clerks, and every other person
appointed and employed in said office, shall
be disqualified and interdicted from acqui
ing or taking except by inheritance during
tho period for which they shail h.dd their
nppointim tits, rtsp.ectiv Jy, any ri. lit or in
terest, directly, or indirectly in any patent
for an invention or discovery which inis been,
or may hereafter be li anted.
Sec 3. yl/» /be il further enacted, That
the said principal officer, an every other
pec an to be appointed in the said office,
shall, before he enters upon the duties of Id
office or appointment, make oath or afliirmi -
tion, truly and faithfully to < xectite the trust
committed to him. And the said Commis
sioner and the chief clerk shall also, before
entering upon tla.ir duties, severally give
bonds with surel es I > the Treasurer of die
United Stat's, the former in the sum often
thousand dollars, a: -I the I liter, in the sum
ol five tliousaml t' . i -s, with condition :<>
rend, r a true and I Idiftil account to him er
his successor office, qttarlerly,ofall moneys
which shall be by tin m respectively receiv
ed 1 if duties o.i patent.-, and for copies of
record; and draw in.:;, ami all other moneys
received by virtue of said office.
Sec. 4. An tin H further enact d, That
the said Commis-' ler shall cause a- id to
be made and provided for the said office,
with such device as the President oi’ the
United States sitaii approve ; and copies i,f
any records, books, papers, or drawings,
belonging to t ie sffid office, under the sig
nature <4’ the said Commissioner, or, vGu n
the office shall be vacant, under the signa
ture of the chief clerk, with the-.' aid sea! af
fixed, shall Ire < cmi'i tent (••. idcnce in ait c t
ses in which the original records, books pa
pers, or draw togs, could be evidence* And
any person making application therefore,
may have certified copies of the records,
drawings, and other papers deposited in
said office, on paying, for the written copies,
the sum often cents for every page of one
hundred words; and ibr copies of drawings,
the rea.mnaide expenses of leaking the same.
Sec. 5. And be it further enacted, 'I hat
all patents issuing from sai l office shall be
issued i i the name of the United States, and
under the seal of sai 1 office, and be signed
by the Secretary of Stale, and countersign
ed by the Commissioner of -ai l oliice, and
shall be recorded, together with the descrip
tions, specifications, and drawings, in tlie
said office, in books to be kept for that
purpose. Every such patent shall contain
a short description or title of the iir ention
or discovery, correctly indicating its nature
nnd design, and in its terms grant to the
npiJicant or applicants, his or their h< irs,
a'lmini-trator-, executors, or assigns, for a
Uirm not exceeding fourteen years, the full
and e»i hi five r : ghi and liberty of making,
using, and vending to others to be used, the
said invention or discovery, referring to the
s[>cciri<'at.<His for the particulars thereof, a
copy ui whie!, hall be aniirxed to the pal nt,
upt.'iiiying whit th: patentee claims as his
iitvciitio’i or dixeovurv*
Sec. i>. Ant be t! I'lirllter en'ic.lcd, That
any per-ori or per-ons has itig discovered or
invented any new and useful art-, machine,
manufacture, or e.nnpoJtion of matter, or
any new mid u , ( .' u | improvement or any
art, machme, manufacture, ~r composition
of matter, not kmiwn or ma d |, y ol h t . r(i be
fore In, or their di-eovery or invention there
of, and not, at the time of hi, application for
a patent, in public use or on side, with his
consent or allowance, a, the inventor or
discoverer; and shall de-ire to obtain an
exclusive , ropmty therein, may make ap
plication in w riling to the ( ommissiom r of
Patent, expre-diig such desire, and the
Uceimis-iofi'T, on dm: proceedings had
rimy grant a patent therefor. But before
'’n v ’n nor slrdl rci oive :i patent for any
such new invention or discovery, he shall de
liver a written description ol his invention
lor discovery, and oi the manner and pro
cess oi’ making, constrm ting, using, and
compounding the same, in such ltd!, clear,
and exact terms, avoiumg unnecessary
prolixity, as to enable any person skilled
1 in the art or science to which it app.er
-1 tains, or with which it is most nearly
' c.mnected, to make, con tract, compound,
mid it-e the same ; and in ease ol' am
machine, he shall fully < xplain the prin
, ciplc and the severa; modes i.i which he has
contemplated tlie application oi tiiat prin
' ciplc or characti r by v. hirh it may be dis
lingiu. In d from oilier im entions ; and sliall
1 particularly specify nnd point out die part,
inr'roveni. iit, or comlmi.it’.on, which lie
I.dins as his own invention or discovery,
ill. -liall, fiirther-nrore, accompany then hide
with a iir.iwing, or drawings, nnd writ en
r. icreuces, v. here the nature of the case ad
; mils of drawing,, or with specimens of ilt
gredients, and of the composition ol’ matter,
, stum lent in quantity fi>r the purpose ot’ex
| peril.lent, where the invention or discovery
; is of i composition of matter ; which descrip
tions ami drawings, signed by the inventor
i and attested by two witnesses, shall be filled
m the Patent Cilice ; and lie shail moreover
; Imiiisli a model ol Ins invention, in all ca
ses which it.imii oi’ a representation by mo
del, of a com enient size to exhibit advan
tageously its several parts. The applicant
shail also make oath or affirmation tiiat he
does verdy believe that lie is the original
and first inventor or discoverer of that ait,
machine, composition, or improvement, for
which he solicits a patent, and that he does
not know or believe that the same was ever
before known or used ; and also of w hat
country he is a citizen ; which oath or atfir
matioti may be made before any person au
thorized by law to administer oaths.
Sec. 7. And be it fitrlie r enacted, That
on the filing of any such application, des
cr.ption, and specification and the payment
oi the duty hereinafter provided, the Com
missioners shall make or cause to be made
an examinatimi of the alleged new invention
or iffieovery, and if, on any >uch examina
t.on, it! ::ali no. appear to thecommisioners
that the same hud been invented or disco
vered by any other person in this country
prior to the alleged invention or discovery
thereof by the applicant, or that it had been
patented or described in any printed publi
cation in tins or any foreign country, or
I.ad been in public use or on sale with the
applicant's consent or allowance prior to
the aiiplicaiiun, if the Commissioner shall
deem it to be sufficiently useful and impor
tant, it shall be his duty to issue a patent
; therefor. But whenever on such examina
tion, it shall appear to the Commissioner
I that the applicant was not the original and
> first inventor or discoverer thereof, or tiiat
any peart ol tiiat which is claimed as new
I had before been invented or discovered, or
patented, or described in anv printed pub
j .trillion in this or any for; ign country, as
1 aforesaid, or that the diseription is defective
‘ ami insufficient, he shall notify the applicant
ilicrcofi giving him bi icily, such informa
tion ami rei’erinccs as may lie useful in
judging of the propriety of renewing ins
application, or of altering his specifica
tion to embrace only that part of the inven
-1 tic.n or discovery which is new. jn every
such case, if the applicant shall elect to with
draw ids application, relinquishing his claim
to the model, lie shall be entitled to receive
: hick twenty dollars, part of the duty re
quired by tins ait, cn filing a notice in wri
ting of such election in the Patent Office, a
copy oi which, certnudby the Commissioner
shall be a sufficient w .ri ant to the Treasu
rer h r paying back to the said applicant the
said sum ot’tv. only dollars. But if the ap
plicant in such si.ail per-ii-t in liisciaim
for i patent, with, or v. itliotn any alteration
of h.s spccilication, he shaii be required to
■ make oath or affirmation, anew in manner
as aforesaid. Ami if the specification and
claim sliall not It ve been so modified as in
! the opinion of the Commissioner, shall enti
tle the applicant to a patent, lie may, on
appeal, and upon request in writing, have
l!;e decision cl a board of examiners, to be
comp sed of tnree tlisinten sted persons,
who si.all be appointi d for that purpose by
the Secretary of State, one of whom at least
one selected it pi ticticable and conv ienent,
f>r liis kno vledge an I skill in the parli. u
. lar art, manufacture, or branch of science
to which the alleged invention appertains ;
who shall be under oath or affirmation for
' the fiithl’ul and impartial performance ofthe
duty imposed upon them by said appoint
ment. Said board shall be furnished with a
cert'fficati! in writing, of the opinion and de
| cision of the Commis.-ioner, stating the par
ticular ground; of his objection, and the
I part or parts of the invention w hich he con
siders as not entitled to be patented. And
I the ;aid board shaii give reasonable notice
to the iipp'.j 'ant,as weli as to the Commis
sioner o! the time and place of their meeting
that they may have an opportunity offer
. nishing them with such facts and evidence
as they may deem necessary to ajustdecis
' ion ; and it shall be the duty of the Cbrnmis
! sion to fnrniJi to the board of’ examiners
’ such information as he may possess relative
i to the matter under th< 1 • consideration.—
I An.l on an examination ami consideration
of the matter by such board, it shall he in
their power, or of'a majority of them, to re
verse the decision of th" Commis:,inner, ei
-1 ther in whole or in part, and their opinion
I being certified to the Commissioner, he shall
b • govereiied thereby in the further procee
dings to be had on such appli atmii : Pro
j tided, houcrir, Tlrat before n board shall
j>e instituted in any such c, sc (he applicant
I -hail pay to the credit ofthe Tnauiry, as
! provided in the ninth section ofthis ac’, the
! sum of twenty five dollars, and each ofsaid
i persons so appointed shall be entitled to re
-1 reive for his services in each case, a sum
nut exceeding ten dollars to be determined
and paid by the Comm? sioner out ofany
moneys in his hands, which shail be in fail
compensation to the persons who may be so
appointed for their examination and certi
ficate as aforesaid.
Sec. 8. yi/zzZ be it further enacted,
That whenever any application shall be
inad<- for a patent in which in the opinion of
the Commissioner, would interfere with
any other patent which an application may
be pi iniinif, or w ith any unexpired patent
which ‘■hall have been granted, it shall be
the duty ofthe Commit loner to give notice
thereof to such applicants or patentees, as
the case may be ; and if cither shall be dis
satisfied with the decision ol the Commis-
sioner on the question of priority oi right or
invention, on a hearing thereof, lie may ap
peal from such decision, on the like terms
and conditions as are provided in the pro
ceeding section of this act and the like
proceedings shall be bad, to determine
which or whether either ofthe applicants is
entitled to receive a patent as prayed for.—
But nothing in this act contained shall be
construed to deprive an original and true
inventor ofthe right to a patent for his in
vention, by reason of his having previous
ly taken out letters patent therefor in a for
eign country, ami the same having been
published at any time within six months next
proceeding the tiling of his specification ami
drawing. And whenever the applicant
shall request jit, r the patent shail take late
from the time ofthe filing of the specific;!
lion and drawings, not however exceeding
six months prior to the actual issuing of the
p tmt ; and on like request, and the pay
ment ofthe duty herein required, by any
applicanthis specification and drawings
shall be filed in the secret achieves of' the of?
lice tint’:! he shall furnish the model and the
patent be issued, not exceeding the term of’
one year the applicant being entitled to no
tice t>f interfering applications.
Sec. 9. be it further enacted, That
before any application for a patent shall be
considered by the Commissione; as afore
said, the applicant shall pay into the Trea
iitryof the L'tiiteil States, or into the Patent
Office, or into any of thedeposite banks to
the credit of the Treasury, if lie be a citi
zen of the United States, or an alien and
shall have been resident in the United States
lor one year next preceding, nnd shall have
made oath of his intention to become a citi
zen thereof, the sum of thirty dollars ; if a
subject of the King of Great Britain, the
stun of five hundred dollars ; and all other
persons the sum of three hundred dollars ;
tor which payment duplicate receipts shall
betaken, one of which to be filed in the
office ot the Treasurer. And the moneys
received into the Treasury under this act,
shail constitute a fund for the payment of
the salaries of the officers and clerks herein
provided for, and ail other expenses of the
Patent Office, and to be called the patent
fund.
Sec. 10. And be it further enacted, That
where any person hath made, or shall have
made, any new invention, discovery, or im
provement, on account of which a patent
might by virtue of this act be granted, and
such person shall die before any patent shall
be granted therefor, the right of applying
for a id obtaining such patent shall devolve
on the executor or administrator of such
person, in trust for the heirs at law ofthe
deceased, in case he shall have died intes
tate ; but if otherwise, then in trust for his
dev isecs, in as full and ample manner, and
under the same conditions, limitations, ami
restrictions, as the same was held, or might
have been claimed or enjoyed by such per
son in his or her lifetime ; and when appli
cation fora patent shall be made by such
legal representatives, the oath oraffirmation
provided in the sixth section of this act,
shall be so varied as to be applicable to
them.
Sec. 11. Aiul be it further enacted. That
every patent shall be assignable in law, ei
ther as to the whole interest, or any undivi
ded part thereof, by any instrument in wri
ting ; which assignment, and also every
g ant and conveyance ofthe exclusive tight
under any patent, to m?ke and use, and to
grant to others to make and use, the thing
patented within and throughout any speci
fied part or portion of the United States,
shall be recorded in the Patent Office with
in three months from the execution thereof’,
for which the assignee or grantee shall pay
to the Commissioner the sum of three dol
lars.
Sec. 12. And bei' further enacted, That
any citizen ol' the United Slates, or alien
who shall have been resident in the United
Statesone year next preceding, mid shall
have made oath oi’ his intention to become
a citizen thereof, who shall have invented
any new an, machine, or improvement
thereof, and shall desire further time to ma
ture the same, may on paying to the credit
of the Treasury, in manner as provided in
the ninth section of this act, the sum of
twenty dollars, file in the PalentOffiec a ca
veat, setting forth the design and purpose
thereof, and its principal ami distinguishing
characteristics, and praying protection of
Ids right, till he shall have matured liis in
vention ; which sum of twenty dollars, in
case the person filingsuch caveat shall af
terwards take out a patent for the invention
therein mentioned, shall be considered a
part ofthe sum herein required for the same.
And such caveat shall be tiled in the confi
dential archives of the office, and preserved
in secrecy. And if application shall be
made by any Giber person within one year
from the time of filing such caveat, for a pa
tent of any invention with w hich it may in
any respect interfere, it shall be the duty of
the Commissioner to deposite the descrip
tion, specifications, drawings, and model in
the confidential archives of the office, and
to give notice, by mail, to the person filing
the caveat, ol’ such application who shall,
within three months after receiving the no
tice, if he would avail himself ofthe ben
efit of his caveat, file his description, speci
fications, draw ings, and model: and if, in
the opinion of the Commissioner, the spe
cifications of claim interfere with each oth
er, like proceedings may be bad in all res
pects as are tn this act provided in the case
of interfering applications: : Provided, how
ever, That no opinion or decision of an’,
boardof examiners, under the provisions of
this act, shall preclude any person interested
in favor of or against the validity of any
patent which lias 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 come in question.
Sec. 13. And. licit further enacted, That
whenever any patent which bus heretofore
been granted, or which shall hereafter be
granted, shall be inoperative or invalid, by
reason of a defective or insufficient descrip
tion or specification, or by reason of the
patentee claiming in his specification as his
own invention, more than he bad or shall
have a right to claim as new ; if the error
has, or shall have arisen by inadvertency,
accident, or mistake, and without any frau
dulent or deceptive intention, it shail tie law
ful for the Commissioner, itport the surren
der to him of such patent, and the payment
of the further duty of fifteen dollars, to
cause a new patent to be issued to the said
inventor, for the same invention, fur the res-
THE STANDARD OF UNION.
idtieol the period then unexpired for which
the original pan nt was granted, in accord
ance with the patentee’s corrected descrip
tion and specification. And in case of his
death, or any assignment by him made of
the original patent, a similar right shall vest
in his executors, administrators, or assignees.
And the pat. nt, so re-issued, together with
the corrected descripth n and specification,
shall have the same cflect mid operation in
law, on the trial ol all actions liei ealter com
menced lor cutises subsequently accruing,
as though the same hud been originally filed
m such corrected form, before the issuing
ol the original patent. And whenex erthe
ori.-imd patentee shall lie desirous of ad
ding the description and specification oi ti
ny new improvement of the original inven
tion or discovery which shall have been in
vented or discovered by him siibsetjmmt to
the date of his patent, he ma\, like proc; ed
ings being had in all respects us in the cas.
ol original applications, and on the pa, . •
of fifteen dollars, as lie rein before pro . i i. d,
have the same annexed io the original > i.s
cription mid specification ; and the Com
missioner shall certify, on the margin of
such annexed description mid specification,
the time ofits being annexed and recorded ;
and the same shall thereafter have the same
effect in law, to ail intents ami purposes as
though it find been embraced in the original
description and specification.
Sec. 1 -1. Aiml be it furtki r enacted, Tiiat
whenever, in any action for damages for
making, using, or selling » ie thing whereof
the exclusive right is secured by any patent
heretofore granted, or by any patent which
I may hereafter be granted, a verdict shall
be rendered for the plaintifi in such action,
it shall he in the pow er oi the court to ren
der judgment ioraiiy sum above me amount
found by such verdict as the actual damages
sustained by the plaintifi’, not exceeding
three times the amount thereof, according to
the circumstances of the case, with costs ;
and such damages may be recovered by tui
tion on the < ase, in any court of competent
jurisdiction, to be brought in the name or
names of the person or persons interested,
whether as patentee, assignees, or as gran
tees of the exclusive right within and
throughout a specified part oi the United
Stales.
Sec. 15. And be it further era. ted, That
the defendent in any such action shall be
permitted to plead the general issue, and to
give this act ami any special matter in evi
dence, ol which notice in writing may
have been given to the plaintifi or his attor
ney, thirty days before trial, tending to
prove that the description and specification
filed by the plaintiff docs not contain the
whole truth relative to ins invention e.r dis
covery, or that it contains more than is ne
cessary to produce the described effect;
which concealment or addition shall fully
appear to have been made for the purpose
of deceiving the public, or that the patentee
was not the original and first inventor and
discoverer of the thing patented, or of’a sub
i stantial and material part thercofclaimed as
new, or that it had been described in some
public work anterior to the supposed discov
ery thereof by the patentee, or had been in
public use, or on s.de w ith the consent and
allowance ofthe patentee before liis applica
tion for a patent, or tiiat lie Lad surrepti
tiously or unjustly obtained the patent for
that w hich was in fact invented or discover
ed by another, who was using reasonable
dilligence in adapting and perfecting the
same; orthat the patentee, ifan alien at the
time the patent w;:.; granted, had failed and
neglected tor the space of eiuhteeii months
f rom the date oi the patent, to put and con
tinue on sale to the public, on reasonable
terms, the invention or discovery lor which
the patent issued ; and whatever the defend
ant relies in his defence on the f act of a pre
vious invention, knowledge, or use of the
' tiling patenled, he shail state, in his notice
of special matter, the names and places of
resilience oi'those whom he intends to prove
! to have possessed a prior knowledge ofthe
; thing, ata! where the same had been used:
in cither of which eases judgment shall be
rendered for the defendant, w ith costs: Pro
vided, howei r, That whenever it shall sat
-1 isfacturily appear that the patentee, at the
time of making his application for the patent,
believed himself to be the first inventor or
:■ discoverer ol the thing patented, t'cj same
J shail not be held to be void on a. unt >.
i the invention ordiscovery or any p u t tliere
i of having been before known or used in any
I foreign country, it not appearing that the
same or any substatitial part thereof had be
fore been patented or described in any prin
ted publication. And provided, atvo, That
whenever the plaintifi shall fail tq sustain
nis action on the ground that in his spectli
cation ot claim is embraced more than tiiat
i of which he was the first inventor, if it shall
appear that the defendant had used or vio
luted any part oi the invention justly and
truly specified and claimed as m w, it shall
■ be in the pow er of the court to adjudge am!
award as to costs as mey appear to be just
i and equitable.
i Sec. Pi* And be it further enacted, That
whenever there shall lie two interfering pat-
I cuts, or whenever a patent on application
smdl have been refused on an adverse de
< ision id a board of examiners, oti the ground
that the patent applied for would interfere
with an unexpired patent previously grant
ed, any person interested it; any such pat
ent, ei.lier by assignment or otherwise, in
ta:j one case, anti any such applicant in the
othei case, may have remedy by bill in equi
ty ; and ti:e court having cognizance there
o., on notice to adverse part! and ether
due proceedings had, may ; • judge and de
clare cither the patent.', void in the whole or
in part, or inoperative ami invalid in any
particular part or portion of the United
States, according to the interest which the
parties to such stut may pos.-ess hi the pateut
or the inventions patented, aiul may also ad
judge that such applicaiit is cmitled, accor
ding to the principles am! |;rov ishms of this
act to have mid receive a patent lor liis in
ueinioii, as specified in his claim, or for
any part thereof, as tlie fact of priority' of
right or invention shall in anv such case L.-
made to appear. And stich adjudication, if
it be in favor ol the right of’such applicant,
shall authorize the Commissioner to issue
such patent, on his filing a copy of tlie ad
judication, and otherwise complying with
the requisitions of’ this act. Provided, how
ever, That no such judgment or adjudiea-l
lion shall affect the rights ofany person ex-)
cept the parties to the action and those de-!
riving title from or under them subsequent !
Io (he rendition of such judgment.
He. 17. And be it further enacted,, That
all actions, suits, controversies, and cases
arising under any law ofthe United States,
granting or confirming to inventors the ex
clusive right to their invehtions or discove
ries, shall be originally cognizable, as well
in equity as at law, by the circuit courts of
the United States, or any district court hav
ing the powers and jurisdiction of a circuit
court; which courts shall have power upon
bill in equity filed by any party aggrieved,
in any such case, to grant injunctions, ac
cording to the course and principles of
courts of equity, to prevent the violation of
the rights ofany inventor as secured to him
by any law of the United States, on such
terms and conditions as said courts may
deem reasonable : Provided, however, That
from all judgments and decrees, from any
; such court rendered in the premises, a writ
:of error or appeal, as the case may require,
ball lie to the Supreme Court of the Unit
ed States, in the same maimer and under the
. circumstances as is now provided by
law in other judgments and decrees of cir
cuit courts, and in all other cases in which
the court shall deem it reasonable to allow
the same.
Sec. IS. And be it further enacted, That
whenever any patentee of an invention or
discovery shall desire an extension of his
patent beyond the term ofits limitation, he
may make appli. ation therefor, in writing,
to the Commissioner of the Patent Office
setting forth the grounds thereof, and the
Commissioner shall, on the applicant’s pav
ing the sum of forty dollars to the credit of
the Treasury, as in the case of an original
application for a patent, cause to be publish
ed, in one or more of the principal newspa
pers in the city of Washington, and in such
other paper or papers as lie may deem prop
er, published in the section of country most
interested adversely to the extension'of the
j patent, a notice of such application and of
the tine and place when and w here the same
will be considered, that any person may ap
j pear and show cause why the extension
should not be granted. And the Secretary
i of Stste, the Commissioner of the Patent
i Office, and the Solicitor of the Treasury
; shall constitute a board to hear and decide
i upon the evidence produced before them
I both for and against the extension, and shall
>it for that purpose at the time and place
designated in the published notice thereof.
The patentee shall furnish to said board a
statement, in writing, under oath, of the as
certained value ofthe invention, and of his
receipts nnd expenaitures, sufficiently in de
talto exhibit a true anil faithful account of
kiss and profit in any manner accruing to
him from and by reason of said invention.
And if, upon a hearing of the matter, it shall
appear to the full and entire satisfaction of
said board, having due regard to the pub
licinterest therein, that it is just and proper
that the term of the patent should be extend
ed, by reason ofthe patentee, without neg
lect or fault on his part, having failed to ob
tain, from the use and sale of his invention,
a reasonable remuneration for the time, in
geni’ity, ami expense bestowed upon the
same, and the introduction thereof into use,
it shall be the duty ofthe Commissioner to
renew and extend the patent, by making a
certificate thereon of such extension, for the
term of seven years from and after the expi
ration of the first term; which certificate,
with a certificate of said board of their judg
ment and opinion as aforesaid, shall be en
tered on record in the Patent Office ; and
thereupon tlie said patent shall have the same
effect in law as though it had been original
ly granted for tlie term of twenty-one years.
And the benefit of such renewal shall ex
tend to assignees and grantees of the right
to use the thing patented, to the extent of
their respective interest therein : Provided,
however, That no extension of a patent shall
be granted after the expiration of the term
for which it was originally issued.
Sec. 19. An I be it further enacted, That
there shall be provided for the use of said
office, a library of scientific worksand peri
odical publications, both foreign and Amer
ican, calculated to facilitate the discharge
| of tlie duties hereby required of the chief
i officers therein, to be purchased under the
.direction of’the Committee of the Library
lof Congress. And the sum of fifteen hun
' dred dollars is hereby appropriated for that
' purpose, to be paid out ol the patent fund.
Sec. 20. Pmd be it further enacted, That
it shall be the duty of the Commissioner to
cause to be classified and arranged, in such
rooms or galleries as may be provided for
j that-purpose, in suitable cases, when neces
sary for their preservation, and :n sttehman
' ner as shail be conducive to a beneficial
and favorable display thereof, the models
and specimens oi compositions and fabrics
nnd other manufactures and works of art,
patented or unpatented, which have been,
or shall hereafter be deposited in said office.
And said rooms or galleries shall be kept :
open during suitable hours ter public in
spection.
Sec. 21. tl.v'/ be It further enacted, That
all acts and parts of acts heretofore passed
on this subject, be, and the same are here
by repealed: Provided, however, That all
actions and processes in law or equity sued ,
out prior to the passage ofthis act, may be
prosecuted to final judgment and execution,
in the same manner as though this act had
not been passed, excepting and saving the
application to any such action, of the pro
visions of the fourteenth and fifteenth sec
tions ofthis act, so far as they may be ap-
I lieable th reto. A' cd , edso, That
al! applications or petitions for patents, pen
ding at the time of the passage of this act,
in cases where the duty lias been paid, shall
he proceeded with ami acted on in the
same im’imvi* as though filed alter the pas
sage thereof.
JAMES K. POLK,
Speaker of the. Jfinise of Representatives
W.R. Kl.'sG,
President ofthe Senate pro tempore
Approved, the 4th of July, 1838.
ANDREW JACKSON,
A<£E i
iindcrsi'.mcd will atiend to the Renew
l{. al of notes in the Central Bank at tlio umi- I
al tec ot’ono dollar for each renewal. 'l'iiey will
also pass through the several oi'iees and torward
(.'rants at one dollar for a single Grant, and filti
ce its each, where more than one is requested.
(.'onnnuuieations addressed to them jointly oi
separately, post, paid, will be punctually at! ndc«
1( , ’ JOHN G. PARK,
PETE it FAIR.
Milledgeville, April 26 13 ts
MILLEDGEVILLE. Dec. 2G, 1835.
T 111'1 Subscriber returns I.is sincere thimksto
those who have favored him witii the
transaction of business in the Central Bank ; be
ing now about to remove to Columbus, he lias
transferred liisbooks to his son Benjamin T. Be
thune, and I iamilton B. Gaither, who are autho
rized to settle all balances due to or from liiin on
said books; and they will attend to the renewal
ol notesin die Central Bank, at the usual fee of
one dollar for each renewal. He solicits the pat
ronage of his former friends and others in their
behalf; he feels confident that, all business entrus
ted to their care, will be faithfullv and promptly
attended to. J OIIN BET JILNE.
January 4,so—ts.
I I' Vi :.i> from the stable of the subscriber in
id? the village of Sparta, some time in May last,
a Bay Horse about live feet high, 7 or 8 years old,
walks, trots ami paces under the saddle,’no parti
cular marks recollected. He was raised in Ken
lucky, and will probably make oil’ in that direc
tion. Any information respecting said horse will
i lie thankfully received and reasonably rewarded.
WILLIAM SHIVERS, Jun.
•Inly 5 25—ts.
lExccitlsve EScpan-lmcnL ?
Milledgeville, '.Wlh June, IS.ih. ij
Treasurer having, this day, reported to
this Department the amount received at the
Treasury since the 24th June, 1835, on account of
the limd set apart for the support of Academies
and Free Schools, and the same being found sulll
cient to ju tify another Distribution,
ORDERED, That an Apportionment of said
funds be made among the several Counties in this
Mate, in the manner provided bylaw; and that
notice thereofbe given by publication of this Or
der, twice, in the Federal Union, Standard of Un
ion, Southern Recorder and Georgia Journal.
order of the Governor,
WM. j. W. WELLBOPvN, Secretary.
July 5 25 2t.
Ti’®y Mil 2.
THE undersigned informs his friends and those
of the late firm of Cutter S,- Cornwell, that
he intends resuming the Warehouse and Commis-1
sion business at the store next above the one re
cently occupied by T. J. Cliace, on the margin of
East M aeon, known as the town of Troy. He fur
ther informs the public that he lias bought bis
Goods, &c., and having now on the way, from New
York and other places, Dry Goods and Groceries,
together making his stock complete, which will be
sold low for ready pay. he will be ready to receive
Cotton early in the fall, and be prepared to make
advances. He would particularly notice to his
frieudsthe great advantages his Warehouses have
over those in the dense part.of the city' with regard
to fire, they being detached from other building aud
at a distance from any street or lane and well en
close. JI.S. CUTTER.
The Macon Messenger and Telegraph, Mil
ledgeville Journal and Standard of Union, will
publish the above until further notice.— Georgian.
Arc!; st. 26—9 m.
npilE SUBSCRIBER respcctful
-Si. iy informs his friends and the
public, that he has opened a house o
entertainment in the Town of Law
renceville, Gwinnett County, Georgia, where he
flatters himself those who may favor him with a
call will find every thing provided which can con
tribute to them comfort aud convenience.
JOHN F. MARTIN.
Lawrenceville Dee. 9, 1835. m tm6—49.
THE Subscriber very respectfully informs his
friends and the publick generally' that he
has located himself at the Marrietta Hotel, Cobb
C. 1!.. where he offers his services to search out
and test the value of Gold aud Land lots, and to
make a true return to applicants in the comities of
Cobb, Paulding, Floyd, Cass, Cherokee and For
syth; at the low rate of five dollars per lot; at the
above stated place, reference may be had to the
State and Check maps, the quality Book, aud nu
merical list. Patronage in the above business
will be thankfully received by
' DANIEL MAY.
March 11. 1835. Cl ts.
SEhci’iST Sale.
WILL be sold, at the Court house door in the
town of Hartford, Pulaski county', on the
first Tuesday in August next, within the legal
hours of sale, the following property to wit:
One negro woman by' the name of Kate, levied
on as property of the estate of Wm. Hodges to sa
tisfy several mall ft fas in favor of Turner Coley
evy made and returned by a constable.
WILEY HOLDER, Sheriff.
June 7. 22—tds.
Wto’e Szieretr’s Seilc.
the first Tuesday in August next, will be
XJS* sold before the Court House door in the
Town of Waresboro, Ware County', within the
usual hours of sale, the following properly, to wit:
One Red Ox, also, 20 head of other cattle, 18
of which are marked, with a crop and , slit in one
ear, and a swallow fork and upper bit in the other,
the remaining two, marked with a crop ami slit
and under bit in one car, and swallow fork and
upper bit in the other, all branded M. Levied on
as the property of Dempsey Daugherty, to satisfy
afi fa from Tatnall Inferior Court, in favor of
Charles Partine. GILES J. GUEST.
June 14, tds.—22.
Pulaski Sheriff’s SaSe.
WlLl.be sold, in the town of Hartford, Pu
laski county, on the first Tuesday in Au- j
gust next, tlie following property to wit:
One lot of land, no 232, lying in the 19th dis
trict originally M ilkinson, but now Pulaski coun
ty, levied on as the property of WensleyHobby,
to satisfy two small fi ias in favor of William C.
Micon. Levy made and returned to me by a
constable this 27th May, 1836.
JAS. DYKES, Jr. D. Sli’ff-
June 7. 22—tds.
OUR months after date, application will lie
KI ’ made to the honorable the Inferior Court of
Pulaski county, while sitting tor ordinary purposes,
for letters of dismission on the estatU’of Charles
Mills, deceased, by Daniel B. Rhodes, administra
tor :
This is therefore to cite and admonish all and
singndar the kindred mid creditors of said 'deceas
ed to be.and appear at my office withm the time
prescribed by iaw, to shew cause (if any) why' said
letters should not be granted. Given under my
hand this 18lh day of April, 1836.
JOSEPH CARUTHERS, c. o. c.
May 3, 1836
"HjplOl ■’ ?• >NTHS after date, application will
Ji? be made to the honorable inferior court of
Gwinnett county, when setting for ordinary pur
poses, for leave to sell Lot of Land, number one
hundred & fourteen, in the sixteenth dist. former
ly Lee couiitv, but now Sumpter comity, drawn
by Mary F. Colyer and lor her benefit.
JNO. P. HUTCHINS, Guat jitm.
June 7.22—4 m
GF.ORGI A, Fayette County.
IN MONTHS after date, application wiil
be made to the honorable the Inferior
Court, of said county', when sitting for ordinary
purposes, for letters disinissory from the estate
of John Crittenden dec.
This is therefore to admonish all a::d and sin
ttUutr, the kindred ami creditors of said decease I,
if thev have any objections, why said letters
should not bo granted, to silo their objections in
terms of the law.
JOi EPIIII. CRITTENDEN, Ex’r.
June 19. 25—Gm,
■■ ■•
NEATLY EXECUTED
tilie PresadeMt ofthe
UEiited States.
IN PURSUANCE of the provisions of a trea
ty between tlie United States and the Chick
asaw Indians, made and concluded on Pontitoc
Creek, on the hcintietii day of October, 1832. and
of the supplementary and explanatory articles
thereto, made and concluded on the twenty-sec
ond dcy of the. same month, and also of the Treaty
between the United States and the Chickasaw
Indi ins. made and concluded at the City of
Washington, on the twenty-fourth dayof May,
1834, I /nidrew Jackson, President of the United
States, do hereby declare and make known, that
public sales for the disposal of such of the lands
ceded to the United States by the said Indians, as
are het einafter described, shall beheld at the land
Office at Po?titoc, in Mississippi, at the under
mentioned periods, viz :
On l\wfirst Monday in September next, for the
sale of the lands in the following townships, viz :
Townships 1, of ranges 1,2, 3,4, and 5 east.
'Town .hips 3,4, 5, and G, of range 4 cast.
Townships 2, :t, 4,5, and G, of range 5 east.
Townships 2,3, 4,5, 6,7, and 8, of ranges
7,8, and 9 cast.
Townships 2,3, 4,5, 9 and 7, of range 10 east
On l\,efourth Monday in September next, for
the sale of the lands in the following townships,
and fractional townships, viz :
EAST OF THE CHICKASAW MERIDIAN
LINE
Townships 14 and 15, of langcs3, and 4.
Townships 14. 15 and 16, of range 5.
Townships 9, 10, 11, 12.13,14, 15, aud 16,
fractional township 17, of range 6.
Townships*), 10 aiid’tl, and fractious! township
15, 16 and 17, of range 7.
Townships 9, 10 and 11, of ranges 8 and 9.
Also, at the same.time, for the sale of the uu
der mentioned townships and fractional town
ships, west ofthe meridian, ofthe Huntsville dis
trict, being that portion of the Chickasaw ces
sion, situate in the State of Alabama, viz :
Fractional township 4, of range 12-
Fractional townships 2,3, 4,5, 6,7, and 8, of
range 13.
Fractional township 2 ; townships 3, 4, 5, 6 and
7; fractional townships 8, 9 and 10. of range 14.
Fractional townships 2,3, 4,5, 6, 7 and 8,
township 9. and fractional townships 10 aud 11,
of range 15.
Fractional townships 8,9, 10 and 11, of range 16.
On the third Monday in October next, for tho
sale of the under mentioned townships, viz :
WEST OF TIIE CHICKASAW MERIDIAN
LINE.
Township 1, ofrange 1.
Townships 1 and 6, of range 2, 3 and 4.
Townships 1,4, 5 aud 6, of range 5.
Townships 1.2, 3,4, 5 and 6, of range G.
Townships 1,2, 3,4, 5 and 6, of ranges 7 &8.
Townships 1, 2. 3 and 5, of range 9.
On the first Monday in November next,
for the sale of tlie undermentioned townships
viz, :
WEST OF TIIE CIIIKASAW MERIDIAN
LINE.
Townships 7,8, 9, 10, 11, 12 and 13, ofrange 1.
Township 7,8, 9, 10 and 11, of ranges 2,3,
4 and 5.
Townships 7, 8 and 9, of ranges 6,7 and 8.
Township 7, of range 9.
The lands reserved bylaw forthe use ofschools,
or for other purposes, as well as the lands selec
ted as reservations, under the provisions of tho
said treaties, are to be excluded from the sales.
Each sale is to continue open for two weeks,
and no longer. The lands will be offered in quar
ter sections, and fractional quarter sections where
such exist.
Given under my hand, at the City of Washing
ton, this twentieth dav of May, A. D. 1836,
ANDREW JACKSON,
By the President:
ETHAN A. BROWN,
Commissioner of the General Land Office.
of scrip issued from tlio
Treasury Department, in satisfaction of bouyty
land warrants, granted by the State of Virginia,
and the United States, for services in the revolu
tionary army; as well as certificates of land
stock, issued at the district land offices, for tho
amount of moneys forfeited by individuals, under
the credit system of land sales, are not receivable
for lauds within the Chickasaw cession.
General Land Office, May. 20, 1836,
June 14. 22—1st Nov.
A free romn ©l’ Color,
By the name of PHILIP BOMAN, by his
guardian Nelson Dickinson, applies to he pub
lished and registered in terms ofthe law, he is sft.
11 inches high, straight built, thin visage— which
colored man says he was horn on the 28th of Au
gust, which will be t wenty nine years ago, on tho
28th of .August 1836, —Farmer by trade; rather
a light dark color, not a jet blackmail ; went from
Halifax county, Va. to Alabama, and thence to
Lumpkin county Ga., in Oct. 1831, aud had his
name registered there, as he was informed accor
ding tolaw, with, as he believed a full set of pa
pers establishing his freedom—thence he removed
in the year 1838 to Murray county Ga., and from
thence lie came in April 1836 to the county of
Cherokee,
June 23. 24—6 t.
J. A. MADDOX, Dep. Cl’k. i. c,
TEae Warning!!
undersignod respectfully asks all those
.ba. indebted to him, to make payment withotß
delay.
Between this time and the first of Ocfefipr
next, he feels assured, that all who desirp to do
so, can make arrangements to meet their re
spective dees; and lie appeals particularly to
those who are in arrears for two, three, four,
and five years, to come forward and settle up
their old scores at once.
This call is forced upon him by the imperi
ous necessity of meeting his own engagements;
which he is unable to do, without punctuality on
the part of those who owe him. Therefore
they are hereby notified, tiiat even one who
shall fail to make payment by the first day of
October next, will find their notes and accounts
jn the bands of collecting officers, without dis
(.rimination.
This will be a painful step, but it cannot be
avoided; and those who fail to pav within tho
time above slated, ought not, and he trusts, will
net complain.
JOHN M. SHARP.
Sparta G'. June 14 1836. 22—ts.
rpJHE subscriber oilers for sale, six hundred
_S. and seven acres, first rate Cornsud Coston
Land, with one hundred and twenty acres fine
laud, under good fences, all fresh; which will
produce from twelve to fifteen hundred pounds
< ’otton to the acre, and from thirty to forty bushels
Corn, there is on the premises, a double log cab
bin shinglo rough, and other out houses, and two
excellent Wells of water, which never fails; the,
above lands all lie in the fifteenth and twenty
eighth district Lee, now Sumter county, nil join
ms:: which will be sold on a credit oi’ one, two
and three years; persons wishing to purchase,
would do well to view the premises, and call on
the subscriber in Milledgovilo during the present
session, or at my residence in Twiggs county* yf
tcr the cession. BENJ. B. SMITH.
December, 7, 1935. <7—.-tfr
KNOB SALE, nt the BOAT LANI)ING< at
Jtl 75 cents per bushel, eash, ip quantities to
suit purchasers, from five bushels ami upwards.
NICHOLS & DEMING.
Milledgeville, March 13 ' 9s(
