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3. Sect. IV. There shall be allowed to the secretary of the navy, an annual salary of three thousand dollars, * payable quarter yearly at the treasury of the united states, and the respective clerks † in the office of the said department shall receive the same compensations and be subject to the same regulations, as are provided by an act, supplemental to the act, establishing the treasury department, and for a further compensation to certain officers, in the offices of the other executive departments.
4. Sect. V. So much of an act, entitled, “An act to establish an executive department, to be denominated the department of war," as vests any of the powers contemplated by the provisions of this act, in the secretary for the department of war, shall be repealed, from and after the period when the secretary of the navy shall enter on the duties of his office. (See Iar Department 1.]
ACT of July 16, 1798. (Vol. IV. p. 233.) 5. Sect. I. There shall be in the department of the navy, an officer to be denominated accountant of the navy, who shall be charged with the settlement of all accounts for monies advanced and stores issued or distributed by or under the direction of the secretary of the navy, and who shall report from time to time, all such settlements as shall have been made by him for money advanced or issued, for the inspection and revision of the accounting officers of the treasury. And the compensation of the said accountant shall be a yearly salary of one thousand six hundred dollars. * And all letters and packages to and from said accountant by mail, shall be free of postage.
6. Sect. II. The treasurer of the united states shall disburse all such money as shall have been previously ordered for the use of the department of the navy, by warrants from the treasury, which disbursements shall be made pursuant to warrants from the secretary of the navy, countersigned by the accountant.
7. SECT. III. All purchases, and contracts, for supplies or services for the military and naval service of the united states, shall be made by or under the direclion of the chief officers of the departments of war and the navy respectively, and all agents or contractors for supplies or services as aforesaid, shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required, subject nevertheless to the inspection and revision of the officers of the treasury in manner before prescribed.
8. Sect. IV. It shall be the duty of the purveyor of the public supplies, to execute all such orders as lie may from time to time receive from the secretary of war or secretary of the navy, relative to the procuring and providing of all kinds of stores and supplies; and shall render his accounts relative thereto to the accountants of the proper departments, which accounts shall be subject to the inspection and revision of the officers of the treasury as aforesaid.
Sect. V. is a repealing clause.
• Increased, see Public Officers 21.
9. Sect. VI. All contracts to be made, by virtue of this act, or of any law of the united states, and requiring the advance of money, or to be in any manner connected with the settlement of public accounts, shall be deposited in the office of the comptroller of the treasury of the united states, within ninety days after their dates, respectively.
[See Duties, 'collection of, 98. Militia 3. Navy. Post Office and Post Roads 19, 20. Seamen 21.]
Daths and Affirmations.
Oath 10 fupport the conftitution i Oath of office, &c.
ACT of June 1, 1789. (Vol. 1. p. 25.) 1. Sect. I. The oath or affirmation required by the sixth article of the constitution of the united states, shall be administered in the form following, to wit, “I, A. B. do solemnly swear or affirm (as the case may be) that I will support the constitution of the united states."
2. SECT. II. At the first session of congress after every general election of representatives, the oath or affirmation aforesaid, shall be administered by any one member of the house of representatives to the speaker ; and by bim to all the members present, and to the clerk, previous to entering on any other business; and to the members who shall alterwards appear, previous to taking their seats. The president of the senate for the time being, shall also administer the said oath or affirmation to each senator who shall hereafter be elected, previous to his taking his seat: And in any future case of a president of the senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the members of the senate.
3. Sect. III. The members of the several state legislatures, and all executive and judicial officers of the several states, who shall be chosen or appointed after the first day of August next, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who by the law of the state shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner, as by the law of the state, he or they, shall be direcied to record or certify the oath of office.
4. Sect. IV. All officers appointed, or hereaster to be appointed under the authority of the united states, shall, before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person or persons, who shall be authorized by law
to administer to such officers their respective oaths of office ; and such officers shall incur the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office.
5. Sect. V. The secretary of the senate, and the clerk of the house of representatives for the time being, shall, at the time of taking the oath or affirmation aforesaid, each take an oath or affirmation in the words following, to wit: “I, A. B. secretary of the senate,or clerk of the house of representatives (as the case may be) of the united states of America, do solemnly swear or affirm, that I will truly and faithfully discharge the duties of my said office, to the best of my knowlege and abilities."
ACT of May 3, 1798. (Vol. IV. p. 102.) 6. Sect. I. The president ofthe senate, the speaker of the house of representatives, a chairman of a committee of the whole, or a chairman of a select committee of either house, shall be empowered to administer oaths or affirmations to witnesses, in any case under their examination.
7. SECT. II. If any person shall wilfully, absolutely and falsely swear or affirm, touching any matter or thing material to the point in question, whereto he or she shall be thus examined, every person so offending, and being thereof duly convicted, shall be subjected to the pains, penalties and disabilities, which by law are prescribed for the punishment of the crime of wilful and corrupt perjury. (See Crimes 18.]
(See Army 20, 21, 24. Bankrupt 3. Columbia District 23, and seg. 59. Debt 11. Duties, collection of, 20, 49, 96, 110. Fisheries 7. Indian Nations 2. Insolvent Debtors 2, 5, and seq. Judiciary 7, 8, 27, 35. Mint 4, 31. Navy 4, 43, 52. Post Office and Post Roads 2. Ships or Vessels 4. State Department 3. Treasury Department 9. War Departmert 3. Western Lands 23, 41, 52.]
Lasters patent, how and by whom made out I Parents surreptitiously obtained
Alieni, &c. to have benefit of former act 10 Aâ may be given in evidence
Provija Siate-rights to inventions, when to be
Représentatives of deceased may obtain deemed void Proccedings on interfering applications 7 | Damages for breach of patent right 12
ACT of February 21, 1793. (Vol. II. p. 200.) 1. Sect. I. When any person or persons being a citizen or citizens of the united states, shall allege that he or they have invented any new and useful ari, machine, manufaclure or composition of matter, or any
new and useful inprovement on any art, machine, manufacture or composition of matter, not known or used before the application, and shall present a petition to the secretary of state, signifying, a desire of obtaining an exclusive property in the same, and praying that a patent may be granted therefor, it shall and may be lawful for the said secretary of state, to cause letters patent to be made out in the name of the united states, bearing test by the president of the united states, recit ing the allegations and suggestions of the said petition, and giving a short description of the said invention or discovery, and thereupon granting to such petitioner, or petitioners, his, her or their heirs, administrators or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, constructing, using and vending to others to be used, the said invention or discovery, which letters patent shall be delivered to the attorney general of the united states, to be examined ; who, within fifteen days after such delivery, if he finds the same conformable to this act, shall certify accordingly at the fout thereof, and return the same to the secretary of state, who shall present the letters patent thus certified, to be signed, and shall cause the seal of the united states to be thereto afixed : And the same shall be good and arailable to the grantee or grantees, by force of this act, and shall be recorded in a book,to be kept for that purj cse,in the office of the secretary of state, and delivered to the patentee or his order. [See postea 10.]
2. Sect. II. Provided always, That any person, who shall have discovered an improvement in the principle of any machine, or in the process of any composition of matter, which shall have been patented, and shall have obtained a patent for such improvement, he shall not be at liberty to make, use or vend the original discovery, nor shall the first inventor be at liberty to use the improvement: And it is hereby enacted and declared, that simply changing the form or the proportious of any machine, or composition of matter, in any degree, shall not be deemed a discovery.
3. Sect. Ill. Every inventor, before he can receive a patent, shall swear or affirm, that he does verily believe, that he is the true inventor or discoverer of the art, machine, or improvement, for which he solicits a patent, which oath or affirmation may be made before any person authorized to administer oaths, and shall deliver a written description of his invention, and of the manner of using, or process of com. pounding the same, in such full, clear and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science, of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same. And in the case of any machine, he shall fully explain the principle, and the several modes, in which he has contemplated the application of that principle or character, by which it may be distin. guished from other inventions ; and he shall accompany the whole with drawings and written references, where the nature of the case admits of drawings, or with specimens of the ingredients, and of the composition af matter, sufficient in quantity for the purpose of experi. ment, where the invention is of a composition of matier ; which description, signed by himself, and attested by two witnesses, shall be filed in the office of the secretary of state, and certified copies thereof shall be competent evidence, in all courts, where any matter or thing, touching such patent right, shall come in question. And such inventor shall, moreover, deliver a model of his machine, provided the secretary shall deem such model to be necesssary.
4. Sect. IV. It shall be lawsul for any inventor, his executor or administrator, to assign the title and interest in the said invention, at any time, and the assignee having recorded the said assignment, in the office of the secretary of state, shall thereafter stand in the place of the original inventor, both as to right and responsibility, and so the assignees of assigns, to any degree.
Sect. V. is repealed and supplied. (See postea 12.]
5. SECT. VI. Provided always, That the defendant in such action shall be permitted to plead the general issue, and give this act and any special inatter, of which notice in writing may have been given to the plaintiff or his attorney, thirty days before trial, in evidence, tending to prove, that the specification, filed by the plaintiff, does not contain the whole truth relative to his discovery, or that it contains more than is necessary to produce the described effect, which concealment or addition shall fully appear to have been macle, for the purpose of deceiving the public, or that the thing, thus secured by patent, was not originally discovered by the patentee, but had been in use, or had been described in some public work, anterior to the supposed discovery of the patentee, or that he had surreptitiously obtained a patent for the discovery of another person: In either of which cases, judgment shall be rendered for the defendant, with costs, and the patent shall be declared void.
6. SECT. VII. Where any state before its adoption of the present i form of government, shall have granted an exclusive right to any
invention, the party claiming that right, shall not be capable of obtaining an exclusive right under this act, but on relinquishing his right, under such particular state, and of such relinquishment, his obtaining an exclusive right under this act shall be sufficient evidence.
SECT. VIII. is obsolete.
7. Sect. IX. In case of interfering applications, the same shall be submitted to the arbitration of three persons, one of whom shall be chosen by each of the applicants, and the third person shall be appointed by the secretary of state : And the decision or award of such arbitrators, delivered to the secretary of state, in writing and subscribed by them, or any two of them, shall be final, as far as respects the grant. ing of the patent: And if either of the applicants shall refuse or fail to choose an arbitrator, the patent shall issue to the opposite party. And where there shall be more than two interfering applications, and the parties applying shall not all unite in appointing three arbitrators, it shall be in the power of the secretary of state to appoint three arbitrators for the purpose.
8. Sect. X. Upon oath or affirmation being made, before the judge of the district court, where the patentee, his executors, administrators or