States residing at the port from which such vessel may take her departure, containing 19 Feb. 1862. the name of such person, and setting forth the fact of his voluntary emigration from such port or place, which certificate shall be given to the master of such vessel; but the same shall not be given until such consul or consular agent shall be first personally Consular certifsatisfied by evidence produced of the truth of the facts therein contained. cate. Ibid. 25. revived as to the two foreign ports. 5. All the provisions of the act of congress approved February 22d 1847, (a) entitled "An act to regulate the carriage of passengers in merchant vessels," and all the pro- Acts relating to visions of the act of congress approved March 3d 1849, (b) entitled "An act to extend passenger vessels the provisions of all laws now in force relating to the carriage of passengers in mer- carrying of pas chant vessels and the regulation thereof," shall be extended and shall apply to all ves- sengers between sels owned in whole or in part by citizens of the United States, and registered, enrolled or licensed within the United States, propelled by wind or by steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place without the United States to any other foreign port or place without the United States; and all penalties and forfeitures provided for in said act shall apply to vessels and masters last aforesaid. Ibid. 26. Vessels of war to ed vessels. 6. The president of the United States shall be and he is hereby authorized and empowered, in such way and at such time as he shall judge proper, to the end that the provisions of this act may be enforced, according to the true intent and meaning thereof, examine suspectto direct and order the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and registered, enrolled or licensed under the laws of the United States, wherever they may be, whenever, in the judgment of such master or commanding officer thereof, reasonable cause shall exist to believe that such vessel has on board, in violation of the provisions of this act, any subjects of China known as "coolies," for And to send them the purpose of transportation; and upon sufficient proof that such vessel is employed judication. in violation of the provisions of this act, to cause such vessel to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to the provisions of this act. (a) 9 Stat. 127. (b) 9 Stat. 399. See 10 Stat. 720-1. into port for ad 1. Act 10 August 1846 3 10 repealed. Copyright. of state to department of the interior. Copies to be there de 2. Duties in relation to copyright transferred from department posited. 11 Stat. 350. 1. The tenth section of an act entitled "An act to establish the Smithsonian Insti- 5 Feb. 1859 3 6. tution for the increase and diffusion of knowledge among men," approved August 10th 1846, (a) is hereby repealed. Ibid. 28. transferred from 2. All books, maps, charts and other publications of every nature whatever heretofore deposited in the department of state, according to the laws regulating copyrights, Duties in relation together with all the records of the department of state, in regard to the same, shall be to copyright removed to, and be under the control of the department of the interior, which is hereby department of charged with all the duties connected with the same, and with all matters pertaining to state to depart copyright, in the same manner and to the same extent that the department of state is rior. now charged with the same; and hereafter all such publications of every nature what- Copies to be there deposited. ever shall, under present laws and regulations, be left with and kept by him. (a) Ante 194, pl. 4. To constitute a person an author, under the copyright act, he must, by his own intellectual labor applied to the materials of his composition, produce an arrangement or compilation new in itself. Atwill v. Ferrett, 2 Blatch. 40. An action on the case is the proper remedy to recover damages for a violation of copyright. Ibid. It is essential to the validity of a copyright, that a copy of the title page be deposited in the clerk's office, before the sale of any copies of the book. Baker v. Taylor, 2 Blatch. 82. A mistake, in the printed notice, of the date of entry, will invalidate the copyright. Ibid. The penalty imposed by 26 of the act 3 February 1831 (195, pl. 10), is not incurred by printing and publishing so much of a book as to amount to an infringement of its copyright. The word "copy," in that section, means a transcript of the entire work. Rogers v. Jewett, 22 Law Rep. 339. To entitle a party to the protection of the act of 18 August 1856 (195, pl. 14), there must be a valid copyright in the particular dramatic composition, which cannot be obtained by the assignee of a non-resident alien author. Keene v. Wheatley, 9 Am. L. R. 34. The representation of an unpublished dramatic composition ment of the inte may be restrained, except so far as the proprietor s own perform ance of it may have enabled others to reproduce it from memory. A representation from a manuscript copy surreptitiously ol tained is illegal. Ibid. But see Keene v. Kimball, 23 Law Rep. 669. The acting of a drama in a public theatre, is not such a publication as will prevent a copyright being subsequently taken out. Roberts v. Myers, 17 Leg. Int. 405; 23 Law Rep. 396. But see Keene v. Kimball, Ibid. 69. The record is prima facie evidence that a printed copy of the title was duly deposited in the clerk's ofice. Ibid. The copy of the book required to be deposited with the clerk, need not be a printed one: a valid copyright may exist, without the book being printed. Ibid. A partial interest in a copyright is the subject of an assignment; and such partial assignee may sue in equity for a violation of his rights. Ibid. A person temporarily residing in the United States, though he has declared his intention of becoming a citizen, is not a resident within the meaning of the copyright act (193, pl. 1), so as to take or hold a copyright. Carey v. Collier, 56 Niles' Reg. 262. The author or compiler of a musical composition, made up of different parts copied from older compositions, without material The publication of an official report under the direction of con- An artist attached to a government expedition, can acquire no copyright in drawings and sketches made in his official capacity. Ibid. 211. Where a work consists of a number of volumes, the insertion of the record of the copyright, in the page next following the title-page of the first volume of the work, is a sufficient compli ance with the statute. Dwight v. Appletons, 1 N. Y. Leg. Obs. 198. The author may insert the same record in another edition, published in a different number of volumes, without impairing the copyright. The number of volumes in which it is stated the work will be published, make no part of the title, and may be rejected as surplusage. Ibid. The deposit of the title-page before publication, and of a printed copy of the book within three months after publication, are indispensable to secure a valid copyright. Struve v. Scliroedler, Law's Dig. 214. Costs. The 20th section of the judiciary act of 1789 (196, pl. 1), does not apply to cases removed from a state court, under the act of 2 March 1833 (129, pl. 20); in such case, the plaintiff may recover Jess ess. 40 1. Additional judges to be appointed. 2. Jurisdiction enlarged. 3. Jurisdiction of counter-claims. March 1863 1. Additional Ibid. 2. Jurisdiction en- Ibid. 23. Jurisdiction of Ibid. 4. Sessions. costs in the circuit court, if he would have been entitled to them in the state court. Field v. Schnell, 17 Leg. Int. 245. Coggill s. Lawrence, 2 Blatch. 304. Court of Claims. Commissioners. Bailiff. 7. Payment of claims. Interest. 8. Examination of claimant. 9. Exceptions from jurisdiction. 10. Limitation of suits. 11. Penalty for fraudulent practice. 12. Form of petition. 13. Payment not to be made before estimate for appropriation. 1. There shall be appointed by the president, by and with the advice and consent of the senate, two additional judges for the said court, to hold their offices during good behavior, who shall be qualified in the same manner, discharge the same duties and receive the same compensation as now provided in reference to the judges of said court; and from the whole number of said judges the president shall in like manner appoint a chief justice for said court. 2. All petitions and bills praying or providing for the satisfaction of private claims against the government, founded upon any law of congress, or upon any regulation of an executive department, or upon any contract, express or implied, with the government of the United States, shall, unless otherwise ordered by resolution of the house in which the same are presented or introduced, be transmitted by the secretary of the senate or the clerk of the house of representatives, with all the accompanying documents, to the court aforesaid. 3. The said court, in addition to the jurisdiction now conferred by law, shall also have jurisdiction of all set-offs, counter-claims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever, on the part of the government against any person making claim against the government in said court; and upon the trial of any such cause it shall hear and determine such claim or demand both for and against the government and claimant; and if upon the whole case it finds that the claimant is indebted to the government, it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases herein provided for. Any transcript of such judgment, filed in the clerk's office of any district or circuit court of the United States, shall be entered upon the records of the same, and shall ipso facto become and be a judgment of such district or circuit court, and shall be enforced in like manner as other judgments therein. 4. The said court of claims shall hold one annual session, commencing on the first Monday in October in each year, and continuing so long as may be necessary for the Rules of practice. prompt disposition of the business of the court. The said court may prescribe rules and regulations for practice therein, and it may punish for contempt, in the manner Commissioners. prescribed by common law. It may appoint commissioners, and may generally exer Bailiff. cise such powers as are necessary to carry out the powers herein granted to it. The judges, solicitors and clerks of said court shall be admitted to the use of the congressional library, and also the law library, until a law library be provided for them. The said court may appoint a bailiff, who shall hold his office during four years, unless sooner removed by said court for cause, and who shall receive a salary of one thousand Powers of judges. dollars, payable quarterly. The judges and clerks of said court may administer oaths and affirmations, take acknowledgments of instruments in writing, and give certificates of the same. Said court shall have a seal, with such device as it may order. Members of either house of congress shall not practise in said court of claims. Seal. 5. Either party may appeal to the supreme court of the United States from any final 3 March 1863. judgment or decree which may hereafter be rendered in any case by said court, wherein Appeals to su the amount in controversy exceeds three thousand dollars, under such regulations as preme court. the said supreme court may direct: Provided, That such appeal shall be taken within ninety days after the rendition of such judgment or decree: And provided further, That when the judgment or decree will affect a class of cases, or furnish a precedent for the future action of any executive department of the government in the adjustment of such class of cases, or a constitutional question, and such facts shall be certified to by the presiding justice of the court of claims, the supreme court shall entertain an appeal on behalf of the United States, without regard to the amount in controversy. 6. The solicitor, assistant solicitor and deputy solicitor of said court shall hereafter be appointed by the president, by and with the advice and consent of the senate, and it shall be their duty faithfully and diligently to defend the United States in all matters sistants. and cases before said court of claims; and in all cases taken by appeal therefrom to the supreme court; and no other fee or compensation than the salary of said solicitor, and assistant and deputy solicitors, shall hereafter, in any case, be paid to either of them; and no fee or compensation for services in either the supreme court or court of claims shall hereafter be allowed or paid in any case by the United States. Ibid. 26. Solicitor and as Ibid. 7. 7. In all cases of final judgments by the said court, or on appeal by the said supreme court, where the same shall be affirmed in favor of the claimant, the sum due thereby Payment of shall be paid out of any general appropriation made by law for the payment and satis- claims. faction of private claims, on presentation to the secretary of the treasury of a copy of said judgment, certified by the clerk of said court of claims, and signed by the chief justice, or, in his absence, by the presiding judge of said court. And in cases where the judgment appealed from is in favor of said claimant, or the same is affirmed by the said supreme court, interest thereon at the rate of five per centum shall be allowed from the date of its presentation to the secretary of the treasury for payment as aforesaid, but no interest shall be allowed subsequent to the affirmance, unless presented for payment to the secretary of the treasury as aforesaid: Provided, That no interest shall Interest. be allowed on any claim up to the time of the rendition of the judgment by said court of claims, unless upon a contract expressly stipulating for the payment of interest; and it shall be the duty of the secretary of the treasury, at the commencement of each congress, to include in his report a statement of all sums paid at the treasury on such judgments, together with the names of the parties in whose favor the same were allowed: And it is further provided, That such payments shall be a full discharge to the United States of all claim or demand touching any of the matters involved in the controversy: And provided further, That any final judgment rendered against the claimant on any claim prosecuted as aforesaid, shall for ever bar any further claim or demand against the United States arising out of the matters involved in the controversy. Ibid. 28. 8. It shall be lawful for said court, at the instance of the solicitor for the United States, to make an order in any case pending in said court, directing that the claimant Examination of or claimants in such case, or any one or more of them, shall appear, upon reasonable claimant. notice, before any commissioner of said court, and be examined on oath or affirmation touching any or all matters pertaining to said claim. And the examination of such claimant or claimants shall be reduced to writing by the said commissioner, and be returned to and filed in said court, and may, at the discretion of the solicitor for the United States, be read and used as evidence on the trial of said cause. And if any claimant or claimants, after such order has been made, and due and reasonable notice thereof given to him or them, shall fail to appear or shall refuse to testify or answer fully as to all matters within his knowledge material to the issue, the said court may, in its discretion, order that the said cause shall not be brought forward for trial until the said claimant or claimants shall have fully complied with the order of said court in the premises. Ibid. 29. 9. The jurisdiction of the said court shall not extend to or include any claim against the government, not pending in said court on the first day of December, Anno Domini Exceptions from 1862, growing out of or dependent on any treaty stipulation entered into with foreign jurisdiction. nations or with the Indian tribes. Ibid. 10. Limitation of 10. Every claim against the United States, cognisable by the court of claims, shall be for ever barred, unless the petition setting forth a statement of the claim be filed in the court, or transmitted to it under the provisions of this act, within six years after the suits. claim first accrues: Provided, That claims which have accrued six years before the passage of this act shall not be barred, if the petition be filed in the court, or transmitted as aforesaid, within three years after the passage of this act: And provided further, That the claims of married women first accrued during marriage, of persons under the 3 March 1863. Ibid. 11. age of twenty-one years first accruing during minority, and of idiots, lunatics, insane persons, and persons beyond seas at the time the claim accrued, entitled to the claim, shall not be barred, if the petition be filed in the court, or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. 11. Any person or persons who shall corruptly practise or attempt to practise any Penalty for frau- fraud against the United States in the proof, statement, establishment, or allowance of dulent practices. any claim, or any part of any claim against the United States, shall ipso facto forfeit the same to the government; and it shall be the duty of the court of claims, in such cases, to find specifically that such fraud was practised or attempted to be practised, and thereupon give judgment that such claim is forfeited to the government, and that the claimant be for ever barred from prosecuting the same. Appeals may be taken from the court of claims to the supreme court, in all such cases, on all questions of law, in the manner herein provided for appeals in other cases. Ibid. § 12. 12. Any petition filed under this act shall be verified by the affidavit of the claimant, Form of petition. his agent, or attorney, stating that no assignment or transfer of said claim, or any part thereof, or any interest therein, has been made, except as in said petition stated; that said claimant is justly entitled to the amount therein claimed from the United States, after allowing all just credits and offsets; and that he believes the facts as stated in said petition are true: Provided, however, That in order to authorize the said court to render a judgment in favor of any claimant, if a citizen of the United States, it shall be set forth in the petition that the claimant, and the original and every prior owner thereof, where the claim has been assigned, has at all times borne true allegiance to the government of the United States, and whether a citizen or not, that he has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said government; which allegations may be traversed by the government, and if on the trial such issue shall be decided against the claimant, his petition shall be dismissed. Ibid. 14. Payment not to be made before estimate for appropriation. 13. No money shall be paid out of the treasury for any claim passed upon by the court of claims, till after an appropriation therefor shall be estimated for by the secretary of the treasury. 31 July 1861 1. 12 Stat. 284. racy punished. 15. No person to visit places assigned to emigrants. Penalty. Punishment of master for permitting such visits. 16. Notice of these provisions to be posted. Penalty for neglect. 17. Appropriation of fines for seduction. 18. Testimony of female to be corroborated. Limitation. IV. OFFENCES AGAINST PUBLIC JUSTICE. 19. Voluntary escapes. V. OFFENCES AGAINST SOCIETY. 20. Punishment of bribery in reference to contracts and offices. 21. To embrace any agent of the government. 22. Circulating notes as currency for less than one dollar. VI. OFFENCES RELATING TO THE POST OFFICE. 23. Fraudulent use of defaced postage stamps, &c. VII. CRIMINAL PROCEDURE. 24. Jurors in capital cases. I. OFFENCES AGAINST GOVERNMENT. 1. If two or more persons, within any state or territory of the United States, shall conspire together to overthrow, or to put down, or to destroy by force, the government of Seditious conspi- the United States; or to levy war against the United States; or to oppose by force the authority of the government of the United States; or by force to prevent, hinder or delay the execution of any law of the United States; or by force to seize, take or possess any property of the United States against the will or contrary to the authority of the United States; or by force, or intimidation, or threat to prevent any person from accepting or holding any office, or trust, or place of confidence under the United States; each and every person so offending shall be guilty of a high crime, and upon conviction thereof in any district or circuit court of the United States having jurisdiction thereof, or district or supreme court of any territory of the United States having jurisdiction thereof, shall be punished by a fine not less than five hundred dollars and not more than five thousand dollars, or by imprisonment, with or without hard labor, as the court shall determine, for a period not less than six months nor greater than six years, or by both such fine and imprisonment. 31 July 1861. 12 Stat. 317. enlisting persons States. 2. If any person shall be guilty of the act of recruiting soldiers or sailors, in any state 6 August 1861 31 or territory of the United States, to engage in armed hostility against the United States, or who shall open a recruiting station for the enlistment of such persons, either as Punishment for regulars or volunteers, to serve as aforesaid, shall be guilty of a high misdemeanor, and, to serve against upon conviction in any court of record having jurisdiction of the offence, shall be fined the United a sum not less than two hundred dollars nor more than one thousand dollars, and confined and imprisoned for a period not less than one year nor more than five years. 3. The person so enlisted, or engaged as regular or volunteer, shall be fined in a like manner a sum of one hundred dollars, and imprisoned not less than one nor more than three years. Ibid. 2. Punishment of those so enlisting. 17 July 1862 21. 12 Stat. 589. treason. 4. Every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be Punishment of imprisoned for not less than five years and fined not less than ten thousand dollars, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding. 5. If any person shall hereafter incite, set on foot, assist or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in or give aid and comfort to any such existing rebellion or insurrection, (a) and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court. 6. Every person guilty of either of the offences described in this act shall be for ever incapable and disqualified to hold any office under the United States. Ibid. 2. Aiding rebellion' against the erument. Ibid. 3. Ibid. 4. gov 25 Feb. 1863 ? 1. 12 Stat. 696. Correspondence with rebels by ci tizens residing abroad. 7. This act shall not be construed in any way to affect or alter the prosecution, conviction or punishment of any person or persons guilty of treason against the United Not to act retroStates before the passage of this act, unless such person is convicted under this act. spectively. 8. If any person, being a resident of the United States, or being a citizen thereof, and residing in any foreign country, shall, without the permission or authority of the government of the United States, and with the intent to defeat the measures of the said government, or to weaken in any way their efficacy, hold or commence, directly or indirectly, any correspondence or intercourse, written or verbal, with the present pretended rebel government, or with any officer or agent thereof, or with any other individual acting or sympathizing therewith; or if any such person above mentioned, not duly authorized, shall counsel or assist in any such correspondence or intercourse, with intent as aforesaid, he shall be deemed guilty of a high misdemeanor, and, on conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding ten thousand dollars, and by imprisonment not less than six months nor exceeding five years. Ibid. 22. 9. Where the offence is committed in any foreign country, the district court of the United States for the district where the offender shall be first arrested shall have juris- Jurisdiction of diction thereof. II. OFFENCES AGAINST PROPERTY. district courts. 5 Feb. 1859 2 1. 11 Stat. 381. Forgery of bounty-land war rants, &c. 10. If any person or persons shall falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged or counterfeited, or willingly aid or assist in falsely making, altering, forging or counterfeiting any military bounty-land warrant, or military bounty-land warrant certificate, issued or purporting to have been issued by the commissioner of pensions under any act of congress, or any certificate of location of any military bounty-land warrant, or any duplicate certificate of the location of any military bounty-land warrant, or military bounty-land warrant certificate, upon any of the lands of the United States, or any certificate of the purchase of any of the lands of the United States, or any duplicate certificate of the purchase of any of the lands of the United States, or any receipt for the purchase-money of any of the lands of the United States, or any duplicate receipt for the purchase-money of any lands of the United States, issued or purporting to have been issued by the register and receiver at any land office of the United States, or by either of them; or if any person or persons shall pass, utter or Uttering and publish as true any false, forged or counterfeited military bounty-land warrant, military publishing. (a) It had been decided that the act 30 April 1790 (201, pl. 1) did arms against the government. United States v. Chenoweth, 2 not embrace the offence of giving aid and comfort to rebels in Leg. Obs. 251. |