Copyright in dramatic compositions to in sive right of representation. lation. 18 August 1856. shall be deemed and taken to confer upon the said author or proprietor, his heirs or assigns, along with the sole right to print and publish the said composition, the sole right also to act, perform or represent the same, or cause it to be acted, performed or clude the exclu- represented, on any stage or public place, during the whole period for which the copyright is obtained; and any manager, actor or other person acting, performing or representing the said composition, without or against the consent of the said author or Damages for vio- proprietor, his heirs or assigns, shall be liable for damages to be sued for and recovered by action on the case or other equivalent remedy, with costs of suit in any court of the United States, such damages in all cases to be rated and assessed at such sum not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court having cognisance thereof shall appear to be just: Provided nevertheless, Prior rights to be That nothing herein enacted shall impair any right to act, perform or represent a dramatic composition as aforesaid, which right may have been acquired, or shall in future be acquired by any manager, actor or other person previous to the securing of the copyright for the said composition, or to restrict in any way the right of such author to process in equity in any court of the United States for the better and further enforcement of his rights. protected. 3 Feb. 1831 10. 4 Stat. 438. VII. GENERAL PROVISIONS. 15. If any person or persons shall be sued or prosecuted, for any matter, act or thing done under or by virtue of this act, he or they may plead the general issue and give the special matter in evidence. Ibid. 11. 16. If any person or persons from and after the passing of this act, shall print or Penalty for pub publish any book, map, chart, musical composition, print, cut or engraving, not having lication of pretended copyright. legally acquired the copyright thereof, and shall insert or impress that the same hath been entered according to act of congress, or words purporting the same, every person so offending shall forfeit and pay one hundred dollars; one moiety thereof to the person (a) who shall sue for the same, and the other to the use of the United States, to be recovered by action of debt, in any court of record having cognisance thereof. Ibid. 12. Costs. Ibid. 13. Limitation of actions. 17. In all recoveries under this act, either for damages, forfeitures or penalties, full costs shall be allowed thereon, anything in any former act to the contrary notwithstanding. 18. No action or prosecution shall be maintained, in any case of forfeiture or penalty under this act, unless the same shall have been commenced within two years after the cause of action shall have arisen. 1. In the circuit courts. 2. On affirmance, in error. 3. In prosecutions for fines and forfeitures. 4. Informers to be liable for fees of officers. Costs. [See ADMIRALTY, 6.] Exceptions. 6. Or several libels that might have been joined. 7. When causes to be consolidated. Attorneys to pay costs of vexatious proceedings. 8. Supreme court to make regulations for taxation and pay 5. Where several actions are brought against defendants who ment of costs. might have been joined. 24 Sept. 1789 8 20. 1 Stat. 83. In the circuit courts. Ibid. 23. On affirmance, in error. 8 May 1792 25. 1 Stat. 277. for fines and forfeitures 1. Where in a circuit court, a plaintiff in an action, originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hundred dollars, or a libellant, upon his own appeal, less than the sum or value of three hundred dollars, he shall not be allowed, but at the discretion of the court, may be adjudged to pay costs.(b) 2. Where upon such writ of error the supreme or a circuit court shall affirm (e) a judgment or decree, they shall adjudge or decree to the respondent in error just damages for his delay, and single or double costs at their discretion.(d) 3. In every prosecution for any fine or forfeiture incurred under any statutes of the United States, if judgment is rendered against the defendant he shall be subject to the In prosecutions payment of costs-and on every conviction for any other offence not capital, the court may, in their discretion, award that the defendant shall pay the costs of prosecution— and if any informer or plaintiff on a penal statute to whose benefit the penalty or any part thereof, if recovered, is directed by law to accrue, shall discontinue his suit or prosecution, or shall be nonsuit in the same, or if, upon trial, a verdict shall pass for the defendant, (a) This penalty cannot be recovered in the name of more than one person. Ferrett v. Atwill, 1 Blatch. 151. (b) See Hulsecamp v. Teel, 2 Dall. 358. Kneass v. Schuylkill Bank, 4 W. C. C. 106. Ellis v. Jarvis, 3 Mas. 457. Green v. Liter, 8 Cr. 242. The United States do not pay costs in any case. United States v. Hooe, 3 Cr. 73. United States v. Barker, 2 Wh. 395. The Antelope, 12 Wh. 546. But they are liable for their own costs United States v. Ringgold, 9 Pet. 150 (c) In the supreme court, if a judgment or decree be reversed, unless for want of jurisdiction, the plaintiff in error, Cr appellant, recovers costs. Bradstreet v. Potter, 16 Pet, 317. (d) If on affirmance, no allowance of interest or damages is made, it is equivalent to a denial of them. Boyce's Executors v. Grundy, 9 Pet. 290. The Santa Maria, 10 Wh. 442. the court shall ward to the defendant his costs, (a) unless such informer or plaintiff be an officer of the United States especially authorized to commence such prosecution, and the court before whom the action or information shall be tried, shall, at the trial, in open court, certify upon record, that there was reasonable cause for commencing the same, in which case, no costs shall be adjudged to the defendant.(b) 3 May 1792. 1 Stat. 626. liable for fees of 4. If any informer on a penal statute, (c) and to whom the penalty, or any part thereof, 28 Feb. 1799 3 8. if recovered, is directed to accrue, shall discontinue his suit or prosecution, or shall be unsuited in the same, or if, upon trial, judgment shall be rendered in favor of the Informers to be defendant, unless such informer be an officer of the United States, he shall be alone officers. liable to the clerks, marshals and attorneys for the fees of such prosecution ; (d) but if such informer be an officer whose duty it is to commence such prosecution, (e) and the court shall certify there was reasonable ground for the same, then the United States shall be Exceptions. responsible for such fees.(g) 3 Stat. 19, actions are 5. Whenever there shall be several actions or processes against persons who might 22 July 1813 § 1. legally be joined in one action or process, touching any demand or matter in dispute before a court of the United States or of the territories thereof, if judgment be given for Where several the party pursuing the same, such party shall not thereon recover the costs of more than brought against one action or process, unless special cause for several actions or processes shall be satis- defendants who factorily shown on motion in open court. might have been joined. 6. Whenever proceedings shall be had on several libels against any vessel and cargo Ibid. 2. which might legally be joined in one libel before a court of the United States or of the Or several libels territories thereof, there shall not be allowed thereon more costs than on one libel, unless that might have been joined. special cause for libelling the vessel and cargo severally shall be satisfactorily shown as aforesaid. And in proceedings on several libels or informations against any cargo or parts of cargo or merchandise seized as forfeited for the same cause, there shall not be allowed by the court more costs than would be lawful on one libel or information, whatever may be the number of owners or consignees therein concerned; but allowance may be made on one libel or information for the costs incidental to several claims: Provided. That in case of a claim of any vessel or other property seized on behalf of the United States, and libelled or informed against as forfeited under any of the laws thereof, if judgment shall pass in favor of the claimant, he shall be entitled to the same upon pay.ng only his own costs.(h) 7. Whenever causes of like nature or relative to the same question shall be pending Ibid. 23. before a court of the United States or of the territories thereof, it shall be lawful for the When causes to court to make such orders and rules concerning proceedings therein as may be conform- be consolidated. able to the principles and usages belonging to courts, for avoiding unnecessary costs or delay in the administration of justice, and accordingly causes may be consolidated as to the court shall appear reasonable. And if any attorney, proctor or other person admitted Attorneys to pay to manage and conduct causes in a court of the United States or of the territories thereof, shall appear to have multiplied the proceedings in any cause before the court, so as to increase costs unreasonably and vexatiously, such person may be required by order of court to satisfy any excess of costs so incurred. costs of vexatious proceedings. 5 Stat. 518. 8. For the purpose of further diminishing the costs and expenses in suits and proceed- 23 Aug. 1842 ? 7. ings in the said courts, the supreme court shall have full power and authority, from time to time, to make and prescribe regulations to the said district and circuit courts, as to the Supreme court to taxation and payment of costs in all suits and proceedings therein. (a) See United States v. Mundel, 6 Call, 245, 248. United States v. La Vengeance, 3 Dall. 297, 301. (b) By act 2 March 1799 3 71, in actions against custom honse officers and those assisting them in making seizures, if the plaintiff be nonsuited, or judgment pass against him, the defendant shall recover double costs. And by 89 of the same act, if it shall appear to the court that there was reasonable cause of seizure, and the court shall cause a proper entry to be made thereof, the claimant shall not recover costs. 1 Stat. 678, 696. See Lovett v. Bispham. 2 Am. L. J. 104. United States v. One Sorrel Horse, 22 Verm. 655. (c) This contemplates an action in the name of the informer alone, as well as in the name of the United States, to the use, in make regulations. whole or in part, of the informer. Enited States v. The Steamboat Planter, 1 Newb. 262. (d) The informer is liable, although the United States may be a party on the record. United States v. The Steamboat Planter, 1 Newb. 262. (e) If the informer, for whose use the suit is prosecuted, in whole or in part, is not an officer of the United States, the government cannot be liable for the costs. United States v. The Steamboat Planter, 1 Newb. 262. (g) This does not require the fees paid by the claimant to the officers of the court to be repaid by the United States; it applies only to the costs of the prosecution not of the defence. In the matter of Stover, 1 Curt. C. C. 93. (h) See tit. "Admiralty," 6. Court of Claims. 1. Court of claims established. Judges. Jurisdiction. Statements of claims. Salaries. Oath of office. 2. Solicitor: his duties. Compensation, and oath of office. 3. Court to establish rules, and appoint commissioners to take testimony. Subpoenas. Fees and expenses. Power to adminis ter oaths. 4. When court to refuse to take testimony. 5. Examination of witnesses. 6. False swearing to be deemed perjury. 7. Record to be kept. Reports to congress. Dissenting opinions. Reports to be printed. Bills to be prepared. When several cases may be embraced in one bill. Testimony to be reported in all cases. 24 Feb. 1855 1. 10 Stat. 612. established. Judges. Jurisdiction. 1. A court shall be established, to be called a Court of Claims, to consist of three judges, to be appointed by the president, by and with the advice and consent of the Court of claims senate, and to hold their offices during good behavior; and the said court shall hear and determine all claims 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, (a) which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of congress. (b) It shall be the duty of the claimant in all cases to set forth a full statement of the claim, and of the action thereon in congress, or by any of the departments, if such action has been had; specifying also what person or persons are owners thereof or interested therein, and when and upon what consideration such person or persons became so interested. (c) Each of the said judges shall receive a compensation of four thousand dollars per annum, payable quarterly from the treasury of the United States, and shall take an oath to support the constitution of the United States and discharge faithfully the duties of his office. Statements of claims. Salaries. Oath of office. Ibid. 2. Compensation and oath of office. Ibid. 23. Court to estab lish rules and appoint commissioners to take testimony. Subpoenas. Fees and expenses 2. A solicitor for the United States, to represent the government before said court, shall be appointed by the president, by and with the advice and consent of the senate. It shall be the duty of said solicitor to prepare all cases on the part of the government for hearing before said court, and to argue the same when prepared; to cause testimony to be taken when necessary to secure the interest of the United States; to prepare forms, file interrogatories, and superintend the taking of testimony, in the manner prescribed by said court, and generally to render such services as may be required of him, from time to time, in the discharge of the duties of his office. Said solicitor shall be sworn to faithful discharge of the duties of his office, in the manner prescribed for the qualifications of the judges in the first section of this act; and he shall receive a compensation of three thousand five hundred dollars per annum for his services, to be paid quarterly from the treasury of the United States. 3. The said court shall have authority to establish rules and regulations for its government; to appoint commissioners to take testimony to be used in the investigation of claims that may come before it; to prescribe the fees they shall receive for their services, and to issue commissions for the taking of such testimony, whether the same shall be taken at the instance of the claimant, or of the United States, and also to issue subpoenas to require the attendance of witnesses in order to be examined before such commissioners; which subpoenas shall have the same force, as if issued from a district court of the United States, and compliance therewith shall be compelled under such rules and orders as the court hereby created shall establish. When testimony is taken for the claimant, the fees of the commissioner before whom it is taken, and the cost of the commission and notice, shall be paid by such claimant; and when taken at the instance of the government, such fees, together with all postage incurred by the solicitor aforesaid in his official capacity, Power to admi- shall be paid out of the contingent fund provided for said court. In all cases, when it can be conveniently done, the testimony shall be taken in the county where the deponent resides; and the commissioner taking the same is hereby authorized and required to administer an oath or affirmation to the witnesses brought before him for examination. 4. In all cases where it shall appear to the court that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not be the duty of the court to authorize the taking of any testimony in the case, until the same shall have been reported by them to congress, as is hereinafter provided: Provided however, That if congress shall, in such case, fail to confirm the opinion of said board, they shall proceed to take the testimony in such case. nister oaths. Ibid. 24. When court to refuse to take testimony. (7) When a petition is presented to this court, the United States cupy the position of an ordinary defendant in a suit at law. Todd v. United States. Dev. C. C. 129. (b) See Lindsay v. United States, Dev. C. C. 137, as to the practice in cases which address themselves particularly to the sound dis cretion and liberality of congress. (e) Where the claim is founded on an act of congress, such act should be stated in the petition; but it is unnecessary to set forth points which are merely matters of proof. Noble v. United States, Dev. C. C. 138. It is not required that the claimant should be a citizen. Porte v. United States, Ibid. 138. 5. In taking testimony to be used in support of any claim before said court, oppor- 24 Feb. 1855 § 5. tunity shall be given to the United States to file interrogatories, or by attorney to exa- Examination of mine witnesses, under such regulations as said court shall prescribe, and like opportunity witnesses. shall be afforded the claimant in cases where testimony is taken on behalf of the United States, under like regulations. Ibid. 26. be deemed per 6. If any person shall knowingly and wilfully swear falsely before said court, or before any person or persons commissioned by them, or authorized by this act to take False swearing to testimony in a case pending before said court at the time of taking said oath, or in a case jury. thereafter to be submitted to said court, such person shall be deemed guilty of perjury, and, on conviction thereof, shall be subjected to the same pains, penalties and disabilities which now are, or shall be hereafter, by law prescribed for wilful and corrupt perjury. Ibid. 27. nions. 7. Said court shall keep a record of their proceedings, and shall, at the commencement of each session of congress, and at the commencement of each month during the session Record to be of congress, report to congress the cases upon which they shall have finally acted, stating kept. in each the material facts which they find established by the evidence, with their opinion Reports to conin the case, (a) and the reasons upon which such opinion is founded. Any judge who gress. may dissent from the opinion of the majority shall append his reasons for such dissent Dissenting opito the report; and such report, together with the briefs of the solicitor and of the claimant, which shall accompany the report, upon being made to either house of congress, Reports to be shall be printed in the same manner as other public documents. And said court shall prepare a bill or bills in those cases which shall have received the favorable decision pared. thereof, in such form as, if enacted, will carry the same into effect. And two or more cases may be embraced in the same bill, where the separate amount proposed to be embraced in one bill. allowed in each case shall be less than one thousand dollars. And the said court shall Testimony to be transmit with said reports the testimony in each case, whether the same shall receive the reported in all favorable or adverse action of said court. printed. When several cases may be cases. Ibid. 28. session to session. 8. Said reports, and the bills reported as aforesaid, shall, if not finally acted upon during the session of congress to which the said reports are made, be continued from Reports to be session to session, and from congress to congress, until the same shall be finally acted continued from upon, and the consideration of said reports and bills shall, at the subsequent session of congress, be resumed, and the said reports and bills be proceeded with in the same maner as though finally acted upon at the session when presented. Ibid. 29. clusive. 9. The claims reported upon adversely shall be placed upon the calendar when reported, and if the decision of said court shall be confirmed by congress, said decision When adverse shall be conclusive; and the said court shall not, at any subsequent period, consider said reports to be conclaims unless such reasons shall be presented to said court as, by the rules of common When rehearing law or chancery, in suits between individuals, would furnish sufficient ground for grant- may be granted. ing a new trial. 10. It shall be the duty of the speaker of the house of representatives, within a rea- Ibid. 10. sonable time after the passage of this act, to appropriate such rooms in the capitol at Court rooms to be provided. Washington, for the use of said court, as may be necessary for their accommodation, anless it shall appear to the speaker that such rooms cannot be appropriated without interfering with the business of congress; and, in that event, the said court shall proeure, at the city of Washington, such rooms as may be necessary for the convenient transaction of their business. duties. 11. Said court shall have power to call upon any of the departments for any informa- Ibid. 11. tion or papers it may deem necessary, and have the use of all recorded and printed Power to call on reports made by the committees of each house, when deemed to be necessary in the the departments pro- for information. secution of the duties assigned by this act. Said court shall appoint a chief clerk, whose Clerks, their salary shall be two thousand dollars per annum, and an assistant clerk, if deemed neces- salaries and sary, whose salary shall be fifteen hundred dollars per annum, and a messenger, whose salary shall be eight hundred dollars per annum, to be paid quarterly at the treasury. The said clerks shall be under the direction of said court in the performance of their Messenger. duties, and for misconduct or incapacity may be removed from office by it; but, when so removed, said board shall make report thereof, with the cause of such removal to congress, if in session, or at the next session of congress. Said clerk and assistant clerk Oaths. shall take an oath for the faithful discharge of their duties: Provided, That the head of When departno department shall answer any call for information or papers if, in his opinion, it would hold information. be injurious to the public interest. ments to with 11 Stat. 30. 12. Any two of the judges of the court of claims, authorized by the act to which this 6 Aug. 1856 § 1. is an amendment, approved the 24th day of February 1855, shall constitute a quorum, and may hold a court for the transaction of business, and the court may appoint com- Any two judges missioners to take testimony in the manner prescribed in the said act. to form a quo rum (a) This can only mean an opinion in the nature of a judgment as to the rights of the parties upon the facts proved or admitted in the case. Todd v. United States, Dev. C. C. 96-7. 6 Aug. 1856 22. Assistant solicit or to be appointed. Salary 13. An assistant solicitor shall be appointed by the president, by and with the advice and consent of the senate, whose duty it shall be to aid the solicitor in the performance of the duties mentioned in the said act; and shall take an oath to support the constitu tion of the United States, and discharge faithfully the duties of his office, and he shall receive a salary of three thousand five hundred dollars per annum, and shall hold his office for a period of four years, unless sooner removed by the president. And the soliSolicitor may ap citor of the United States, mentioned in the act to which this is an amendment, shall pint a deputy. have power, and he is hereby authorized to employ a deputy, who shall receive a salary of two thousand five hundred dollars per annum, and whose duty it shall be to aid the said solicitor in the performance of the duties mentioned in said act, in such way as the said solicitor shall direct. Ibid. 23. Clerk to disburse Bond. 14. The clerk of the said court shall be, and he is hereby authorized to disburse, under the direction of the said court, the contingent fund which may hereafter be appropriated contingent fund. from time to time for the use of the said court: Provided, He shall first give bond in such an amount and in such form, and with such security, as shall be approved by the secretary of the treasury: And provided further, That his accounts shall be settled by the Settlement of ac- proper accounting officers of the treasury, in the same way as the accounts of other disbursing agents of the government are now settled. And from and after the first day of Salaries of clerks. April 1856, the salary of the said clerk shall be three thousand dollars per annum, and the salary of the assistant clerk shall be two thousand dollars per annum counts. 26 Feb. 1853 81. 10 Stat. 165. criers; their salaries. Criers and Tipstaves. 1. Courts to appoint criers; their salaries. Marshals to appoint tipstaves; their compensation. 1. The respective courts of the United States shall appoint criers for their courts to be allowed the sum of two dollars per day; and the marshals are hereby authorized to Courts to appoint appoint such a number of persons, not exceeding five, as the judges of their respective courts shall determine, to attend upon the grand and other juries, and for other necessary purposes, who shall be allowed for their services the sum of two dollars per day, to be paid by and included in the accounts of the marshal, out of any money of the United States in his hands; the compensation to be given only for actual attendance; and when both courts are in session at the same time, to be paid but for attendance on one court. Marshals to appoint tipstaves; their compensa tion. Crimes. [See AMBASSADORS. ARREST. CONVICTS. DISTRICT OF COLUMBIA. INDIANS. NEUTRALITY. SLAVE TRADE.] 16. Setting fire to public buildings, &c. 17. Other offences not specially provided for. 18. Receivers of stolen goods may be prosecuted before conviction of the principal. Punishment. 19. Forgery of public securities. Uttering or publishing, &c. A felony. 20. Forgery of letter of attorney, &c.: or using the same. False personation. Felony. 21. Forgery of ship's papers. Felony. 22. Conspiracy to cast away vessels. Felony. 23. Punishment of whipping and pillory abolished. 24. Punishment of larceny and embezzlement altered. 25. Forgery of treasury notes. Uttering and publishing. A felony. 26. Engraving, or having possession of, plates, &c., with intent to forge treasury notes. 47. Piratically running away with vessels, or yielding them voluntarily to pirates. 48. When aliens to be deemed pirates. 49. Wilfully attempting to destroy vessels at sea. 50. Manslaughter on the high seas where the party dies on land 53. Repealing section. V. OFFENCES AGAINST PUBLIC JUSTICE. 54. Stealing or falsifying records. 55. Perjury and subornation. |