STATUTE II. May 31, 1790. Repealed. Act of April 29, 1802, ch. 36. Act of Feb. 15, 1819, ch.19. Act from them, to have the sole right of publication &c. for 14 years; CHAP. XV.-An 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.(a) SECTION 1. 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, the author and authors of any map, chart, book or books already printed within these United States, being a citizen or citizens thereof, or resident within the same, his or their executors, administrators or assigns, who hath or have not transferred to any other person the copyright of such map, chart, book or books, share or shares thereof; and any other person or persons, being a citizen or citizens of these United States, or residents therein, his or their executors, administrators or assigns, who hath or have purchased or legally acquired the copyright of any such map, chart, book or books, in order to print, reprint, publish or vend the same, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the term of fourteen years from the recording recording the the title thereof in the clerk's office, as is herein after directed: And that title, &c. the author and authors of any map, chart, book or books already made and composed, and not printed or published, or that shall hereafter be made and composed, being a citizen or citizens of these United States, or resident therein, and his or their executors, administrators or assigns, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the like term of fourteen years from the time of recording the title thereof in the clerk's office as aforesaid. And if, at the expiration of the said term, the author end of or authors, or any of them, be living, and a citizen or citizens of these that term, to United States, or resident therein, the same exclusive right shall be conhave the further tinued to him or them, his or their executors, administrators or assigns, for the further term of fourteen years: Provided, he or they shall cause the title thereof to be a second time recorded and published in the same manner as is herein after directed, and that within six months before the expiration of the first term of fourteen years aforesaid. Also, if living at the term of 14 years; recording the title, &c. Other persons printing, &c. without consent of the author, how to be proceeded against and punished. SEC. 2. And be it further enacted, That if any other person or persons, from and after the recording the title of any map, chart, book or books, and publishing the same as aforesaid, and within the times limited and granted by this act, shall print, reprint, publish, or import, or cause to be printed, reprinted, published, or imported from any foreign kingdom or state, any copy or copies of such map, chart, book or books, without the consent of the author or proprietor thereof, first had and obtained in writing, signed in the presence of two or more credible witnesses; or knowing the same to be so printed, reprinted, or imported, shall publish, sell, or expose to sale, or cause to be published, sold, or (a) Wheaton and Donaldson v. Peters et al., 8 Peters, 591. Binns v. Woodruff, 4 Wash. C. C. R. 48. Ewer v. Coxe et al., 4 Wash. C. C. R. 487. Congress, by the act of 1790, instead of sanctioning an existing, perpetual copyright in an author in his works, created the right, secured for a limited time by the provisions of the law. Wheaton et al. v. Peters et al., 8 Peters, 591. The acts required by the laws of the United States to be done by an author to secure his copyright, are in the order in which they must naturally transpire. First, the title of the book must be deposited with the clerk, and the record he makes must be inserted on the first or second page; then public notice in the newspapers must be given; and within six months after the publication of the book, a copy must be deposited in the department of state. These are acts which the law requires to be done. Every requisite under both acts of Congress is essential to the title. Ibid. In the 8th section of the 1st article of the constitution of the United States, it is declared that Congress shall have power to promote the progress of the useful arts by securing for a limited time to authors and inventors, the exclusive right to their writings and inventions." The word "secure," as used in the constitution, could not mean the protection of an acknowledged legal right. It refers to inventors as well as authors, and it has never been pretended by any one, either in this country or in England, that an inventor has a perpetual right at common law, to sell the thing invented. Ibid. Every requisite under both acts of Congress relative to copyrights, is essential to the title. Ibid. exposed to sale, any copy of such map, chart, book or books, without such consent first had and obtained in writing as aforesaid, then such offender or offenders shall forfeit all and every copy and copies of such map, chart, book or books, and all and every sheet and sheets, being part of the same, or either of them, to the author or proprietor of such map, chart, book or books, who shall forthwith destroy the same: And every such offender and offenders shall also forfeit and pay the sum of fifty cents for every sheet which shall be found in his or their possession, either printed or printing, published, imported or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to the author or proprietor of such map, chart, book or books who shall sue for the same, and the other moiety thereof to and for the use of the United States, to be recovered by action of debt in any court of record in the United States, wherein the same is cognizable. Provided always, That such action be commenced within one year after the cause of action shall arise, and not afterwards. SEC. 3. And be it further enacted, That no person shall be entitled to the benefit of this act, in cases where any map, chart, book or books, hath or have been already printed and published, unless he shall first deposit, and in all other cases, unless he shall before publication deposit a printed copy of the title of such map, chart, book or books, in the clerk's office of the district court where the author or proprietor shall reside: And the clerk of such court is hereby directed and required to record the same forthwith, in a book to be kept by him for that purpose, in the words following, (giving a copy thereof to the said author or proprietor, under the seal of the court, if he shall require the same.) "District of to wit: Be it remembered, That on the day of the independence of the United States of America, A. B. of the said SEC. 4. And be it further enacted, That the author or proprietor of States. SEC. 6. And be it further enacted, That any person or persons who shall print or publish any manuscript, without the consent and approbation of the author or proprietor thereof, first had and obtained as aforesaid, (if such author or proprietor be a citizen of or resident in these United States) shall be liable to suffer and pay to the said author or proprietor all damages occasioned by such injury, to be recovered by a Persons sued for any thing special action on the case founded upon this act, in any court having cognizance thereof. SEC. 7. 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 may give by virtue of this act, he or they may plead the general issue, and give special matter the special matter in evidence. done under this act in evidence. STATUTE II. June 4, 1790. 1789, ch. 20. Act of April 13, 1792 ch. 21. Judicial act declared in force as to N. Carolina. 1790, ch. 1. District court, APPROVED, May 31, 1790. CHAP. XVII.-An Act for giving effect to an Act entituled "An Act to establish the Judicial Courts of the United States," within the State of North Carolina. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act intituled "An act to establish the judicial courts of the United States," shall have the like force and effect within the State of North Carolina, as elsewhere within the United States. SEC. 2. And be it further enacted, That the said state shall be one its sessions, and district, to be called North Carolina district; and there shall be a district court therein to consist of one judge, who shall reside in the district, and be called a district judge, and shall hold annually four sessions; the first to commence on the first Monday in July next, and the other three sessions progressively on the like Monday of every third calendar month afterwards. The stated district court shall be held at the town of Newbern. where held. Annexed to southern circuit. their sessions. SEC. 3. And be it further enacted, That the said district shall be, and Circuit courts, the same is hereby annexed to the southern circuit. And there shall be held annually in the said district two circuit courts; the first session of the circuit court shall commence on the eighteenth day of June next, the second session on the eighth day of November next, and the subsequent sessions on the like days of every June and November afterwards, except when any of the days shall happen on a Sunday, and then the session shall commence on the next day following. And the sessions of the said circuit courts shall be held at Newbern. Where held. Salary of the judge. STATUTE II. June 4, 1790. Act of Sept. SEC. 4. And be it further enacted, That there shall be allowed to the judge of the said district, the yearly compensation of fifteen hundred dollars, to commence from his appointment, and to be paid at the treasury of the United States in quarterly payments. APPROVED, June 4, 1790. CHAP. XVIII.-An Act supplemental to the Act for establishing the Salaries of the Executive Officers of Government, with their assistants and Clerks. Be it enacted by the Senate and House of Representatives of the 11, 1789, ch. 13. United States of America, in Congress assembled, That the more effectually to do and perform the duties in the Department of State, the Secretary of the said department be, and is hereby authorized to appoint an additional clerk in his office, who shall be allowed an equal salary, to be paid in the same manner as is allowed by law to the chief clerk. APPROVED, June 4, 1790. Act of March 2, an additional STATUTE II. June 14, 1790. [Obsolete.] CHAP. XIX.-An Act for giving effect to the several Acts therein mentioned, in respect to the State of Rhode Island and Providence Plantations. SECTION 1. Be it enacted by the Senate and House of RepresentaActs of im- tives of the United States of America in Congress assembled, That the port and ton- several and respective duties specified, and laid in and by the act, intiin force as to tuled "An act for laying a duty on goods, wares and merchandises im nage, declared Island. 20, 1789, ch. 3. ported into the United States," and in and by the act, intituled "An the state of R. act imposing duties on tonnage," shall be paid and collected upon all goods, wares and merchandises, which after the expiration of five days from the passing of this act, shall be imported into the state of Rhode Island and Providence Plantations, from any foreign port or place, and upon the tonnage of all ships and vessels, which after the said day shall be entered within the said state of Rhode Island and Providence Plantations, subject to the exceptions, qualifications, allowances and abatements in the said acts contained or expressed, which acts shall be deemed to have the like force and operation within the said state of Rhode Island and Providence Plantations, as elsewhere within the United States. And for due collection, two districts estab lished; SEC. 2. And be it further enacted, That for the due collection of the said duties, there shall be in the said State of Rhode Island and Providence Plantations, two districts-to wit: the district of Newport, and the district of Providence. The district of Newport shall comprehend all the waters, shores, bays, harbors, creeks and inlets, from the west line of the said state, all along the sea-coast, and northward up the Narraganset Bay, as far as the most easterly part of Kinnimicut Point at high water mark; and shall include the several towns, harbors and land- their limits and ing-places at Westerly, Charlestown, South Kingstown, North Kingstown, boundaries; East Greenwich, and all that part of the town of Warwick southward of the latitude of said Kinnimicut Point; and also the towns, harbors and landing-places of Barrington, Warren, Bristol, Tiverton, Little Compton, and all the towns, harbors and landing-places of the island of Rhode Island, Kinnimicut, Prudence, New Shoreham, and every other island and place within the said state southward of the latitude of the said Kinnimicut Point. The district of Providence shall comprehend all the waters, shores, bays, harbors, creeks and inlets within the said state northward of the latitude of said Kinnimicut Point. The town of Newport shall be sole port of entry in the said district of Newport; and a collector, naval officer and surveyor shall be appointed, to reside at the said town of Newport; and North Kingstown, East Greenwich, Barrington, Warren, Bristol, and Pawcatuck river in Westerly, shall be ports of delivery only; and a surveyor shall be appointed, to reside at each of the ports of North Kingstown, East Greenwich, Warren, Bristol and Pawcatuck river, and the surveyor to reside at Warren shall be surveyor for the port of Barrington. The town of Providence shall be the sole port of entry in the said district of Providence; and Patuxet in the same district shall be a port of delivery only; and a collector, naval officer and surveyor shall be appointed, to reside at Providence, and a surveyor shall be appointed, to reside at Patuxet. SEC. 3. And be it further enacted, That all the regulations, provisions, exceptions, allowances, compensations, directions, authorities, penalties, forfeitures, and other matters whatsoever contained or expressed in the act, intituled "An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandises imported into the United States," and not locally inapplicable, shall have the like force and effect within the said state of Rhode Island and Providence Plantations, for the collection of the said duties, as elsewhere within the United States, and as if the same were repeated and reenacted in this present act: Provided always, and be it declared, That the thirty-ninth section of the said act, and the third section of an act, intituled "An act to suspend part of an act, intituled An act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels, and on goods, wares, or merchandises imported into the United States, and for other purposes," did, by virtue of the adoption of the constitution of the United States by the said state of Rhode Island and Providence Plantations, cease to operate in respect to the same. Ports of entry and delivery. Regulations, exceptions, &c. 1789, ch. 5. Operation of parts of former acts to cease. 1789, ch. 15. Act for registering vessels, and to regulate trade coasting declared in force. Act of Sept. 1, 1789, ch. 11. STATUTE II. June 23, 1790. Act of April 13, 1792, ch. 21. [Obsolete.] Judicial act of Sept. 24, 1789, force as to R. declared in Island. District court, its sessions, where held. Annexed to eastern circuit. SEC. 4. And be it further enacted, That the act, intituled "An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," shall, after the expiration of five days from the passing of this act, have the like force and operation within the state of Rhode Island and Providence Plantations, as elsewhere within the United States, and as if the several clauses thereof were repeated and re-enacted in this present act. APPROVED, June 14, 1790. CHAP. XXI.—An act for giving effect to an act intituled “An act to establish the SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act, intituled "An act to establish the judicial courts of the United States," shall have the like force and effect, within the State of Rhode Island and Providence Plantations, as elsewhere within the United States. SEC. 2. And be it further enacted, That the said state shall be one district, to be called Rhode Island district: and there shall be a district court therein, to consist of one judge, who shall reside in the district, and be called a district judge, and shall hold annually four sessions; the first to commence on the first Monday in August next, and the other three sessions progressively on the like Monday of every third calendar month afterwards. The stated district court shall be held alternately at the towns of Newport and Providence, beginning at the first. SEC. 3. And be it further enacted, That the said district shall be, and the same is hereby annexed to the eastern circuit: and there shall be Circuit courts, held annually in the said district two circuit courts; the first session of their sessions, the circuit court shall commence on the fourth day of December next, the second session on the fourth day of June next, and the subsequent sessions on the like days of every December and June afterwards, except when any of the days shall happen on a Sunday, and then the session shall commence on the day following. And the sessions of the said circuit courts shall be held alternately at the said towns of Newport and Providence, beginning at the last. where held. Salary of the Judge. STATUTE II. July 1, 1790. 1798, ch. 17, § 4. 20, 1794, ch. 7. for outfit; and salaries of ministers plenipotentiary, and SEC. 4. And be it further enacted, That there shall be allowed to the judge of the said district, the yearly compensation of eight hundred dollars, to commence from his appointment, and to be paid at the treasury of the United States, in quarterly payments. APPROVED, June 23, 1790. CHAP. XXII.-An Act providing the means of intercourse between the United SECTION 1. 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 shall be, and he hereby is authorized to draw from the treasury of the United States, a sum not exceeding forty thousand dollars annually, to be paid out of the monies arising from the duties on imports and tonnage, for the support of such persons as he shall commission to serve the United States in foreign parts, and for the expense incident to the business in which they may be employed: Provided, That exclusive of an outfit, which shall in no case exceed the amount of one year's full salary to the minister plenipotentiary or charge des affaires to whom the same may be allowed, the President shall not allow to any minister plenipotentiary a greater sum than at the rate of |