29 August 1842. penalty, as recovered, shall be paid to the patent fund, and the other half to any person or persons who shall sue for the same. Ibid. 36. How patented articles to be marked. 58. All patentees and assignees of patents hereafter granted, are hereby required to stamp, engrave or cause to be stamped or engraved, on each article vended or offered for sale, the date of the patent; and if any person or persons, patentees or assignees, shall neglect to do so, he, she or they shall be liable to the same penalty, to be recovered and disposed of in the manner specified in the foregoing fifth section of this act. Pennsylvania. I. CIRCUIT AND DISTRICT COURTS. 1. State divided into two judicial districts. Western district at Pittsburgh. 2. Eastern district at Philadelphia. 3. May term at Pittsburgh. 4. Western district enlarged. Sessions to be held at Pittsburgh and Williamsport. 5. October term at Pittsburgh. 6. June term at Williamsport. 3 Stat. 462. 7. October term at Williamsport. 8. Circuit court to be holden at Williamsport. II. COLLECTION DISTRICTS. 10. District of Philadelphia. 12. Boundaries of the port of Philadelphia. I. CIRCUIT AND DISTRICT COURTS. 20 April 1818 31. 1. That the state of Pennsylvania be and the same is hereby divided into two districts, in manner following, to wit: the counties of Fayette, Greene, Washington, Allegheny, State divide into Westmoreland, Somerset, Bedford, Huntingdon, Centre, Mifflin, Clearfield, McKean, two judicial districts. Potter, Jefferson, Cambria, Indiana, Armstrong, Butler, Beaver, Mercer, Crawford, Venango, Erie and Warren, shall compose one district, to be called the western district; (a) and the residue of the said state shall compose another district, to be called the eastern district. And the terms of the district court for the said eastern district shall be held in the city of Philadelphia, at the several times they are now directed to be held in said Western district district of Pennsylvania.(b) And the terms of the circuit court for the western district shall commence and be held in the city of Pittsburgh, [on the first Mondays of the months of June and December,] (c) in each and every year, and be continued and adjourned from time to time, as the court may deem expedient for the dispatch of the business thereof.(d) at Pittsburgh. Ibid. 24. Eastern district at Philadelphia. 15 May 1820 1. 3 Stat. 598. May term at 26 May 184 21. 4. Stat. 50. Sessions to be he'd at Pitts 2. The circuit court of the United States shall be held, for the eastern district of Penn Sylvania, at the city of Philadelphia, at the times and in the manner now directed by law to be held for the district of Pennsylvania. (e) 3. The terms of the district court for the western district of Pennsylvania, which are now directed by law to be holden on the first Mondays of the months of June and December, in each year, shall hereafter be holden, for the said district, on the first Monday in May, and [second] Monday in October.(g) in each year. 4. The following counties in the state of Pennsylvania shall cease to be a part of the eastern judicial district of Pennsylvania, and shall be added to and form a part of the Western district western district; that is to say: Susquehanna, Bradford, Tioga, Union, Northumber enlarged. land, Columbia, Luzerne and Lycoming. And besides the terms of the district court directed by law to be held at Pittsburgh, for the western district, the judge of the said burgh and Wil- Western district shall hold two terms in every year at Williamsport, in the county of Lycoming, [which shall commence on the first Mondays of the months of June and October,](h) in each and every year, beginning in October next, and be continued and adjourned from time to time, as the court may deem expedient for the dispatch of the business thereof. liamsport. 5 April 1826 1. 4 Stat. 153. 5. The term of the district court of the western district of Pennsylvania, now directed to be held at Pittsburgh, in the county of Allegheny, on the second Monday of October, October term at shall hereafter be held at the same place, on the third Monday of October, in each year thereafter. Pittsburgh. 8 May 1840 1. 5 Stat. 380. June term at 27 July 18421. 5 Stat. 496. 6. The term of the district court of the United States for the western district of Pennsylvania, which is now directed by law to be holden at Williamsport, in the county of Lycoming, on the first Mondays of June and October in each year, shall be hereafter holden on the third Mondays of June [and October] in each year.(i) 7. The October term of the district court of the United States for the western district of Pennsylvania, which is now directed to be holden at Williamsport, in Lycoming (a) Enlarged, infra, 4. upon the district court for the western district; but these were (b) On the third Mondays in February. May, August and No- abolished by act 3 March 1837. 5 Stat. 177. The act 12 May vember, by act 9 June 1794 2. 1 Stat. 396. (c) See infra, 9. (d) This statute further provides for the appointment of a district judge, and also of a marshal and district attorney for the western district. (e) The residue of this section conferred circuit court powers 1796, empowered the judges to direct sessions of the circuit court (h) See infra, 6, 7. county, on the third Monday of October in each year, shall hereafter commence and be 27 July 1842. holden on the first Monday of October in each and every year; and all process, plead-October term at ings, motions, suits and business heretofore begun, pending and undetermined, or which Williamsport. may hereafter be commenced or instituted, prior to the next October term, shall be held returnable and be returned to the first Monday of October next. 5 Stat. 628. liamsport. 8. That so much of any act or acts of congress as vest in the district court of the 3 March 1843 § 1 United States for the western district of Pennsylvania holding its sessions at Williamsport, the power and jurisdiction of a circuit court be and the same is hereby repealed. Circuit court to And there shall hereafter be circuit courts held at Williamsport on the third Mondays of lambat Wil June and the third Mondays of September in each year, by the associate justice of the supreme court, who now is or shall hereafter be allotted to the circuit in which said district is situated, and the district judge of the western district of Pennsylvania; either of whom shall constitute a quorum; which circuit court and the judges thereof shall have like powers and exercise like jurisdiction as other circuit courts and the judges thereof; and the said district court and the judge thereof shall have like powers and exercise like jurisdiction as the district courts and the judges thereof in the other circuits. 9 Stat. 631. 9. The terms of the circuit courts of the United States for the eastern and western 3 March 1851 ? 1. districts of Pennsylvania shall hereafter commence as follows, to wit: the April and October terms of the eastern district shall commence on the first Mondays of April and Terms of the cir October; and the May and November terms of the western district shall commence on the second Mondays of May and November. II. COLLECTION DISTRICTS. cuit courts. 1 Stat. 632. 10. In the state of Pennsylvania, there shall be two districts, to wit: Philadelphia 2 March 1799 3 8. and Presque Isle. The district of Philadelphia shall include all the shores and waters of the river Delaware, and the rivers and waters connected therewith, lying within the District of Philastate of Pennsylvania; and the city of Philadelphia shall be the sole port of entry and delivery for the same. And a collector, naval officer and surveyor for the district shali be appointed, who shall reside at the city of Philadelphia. delphia. 11. The district of Presque Isle shall include all the shores and waters of Lake Erie, District of and the rivers and waters connected therewith, lying within the jurisdiction of the United Presque Isle. States and the state of Pennsylvania. And a collector for the said district shall be appointed, who shall reside at Presque Isle. 4 Stat. 715. 12. The port of entry and delivery for the district of Philadelphia, shall be bounded 30 June 1834 § 5. by the navy yard on the south, and Gunner's Run on the north, anything in any former law to the contrary notwithstanding. I. PENSION OFFICE. Pensions. 1. Commissioner of pensions to be appointed. His duties. 2. Salary. 3. Office continued until further legislation. II. REVOLUTIONARY PENSIONS. 24. If unable to attend in court, where schedule and oath may be made. 25. When pension to commence. 26. Surviving officers of the revolution to receive full pay. 27. Former payments deducted. 28. Non-commissioned officers and privates. 29. How payable. Not assignable. 30. How testimony taken. 31. All officers and soldiers of the revolution who served two years, to be entitled to full pay. Proportion for less term of service. 32. Other pensions to be relinquished. 33. How payable. Foreign officers excepted. Evidence. Not assignable. 34. How payments to be made. Arrears in case of death. 35. Extended to the navy. 36. Time of imprisonment to be computed in service. 37. To be computed from time of entering the army. Until treaty of peace. 38. In case of decease, pension to be paid to widow or children. 39. Pensions to widows of revolutionary soldiers, &c. 40. If party has died of wounds, pension not to be withheld from widow, by reason of subsequent marriage. 41. Widows married prior to 1783, to be entitled. 43. Not to be transferable. Nor liable for debts. Oath of attor ney to receive pension. 44. Regulations to be prescribed. 45. Benefits of act 1836, extended to widows whose husbands have died thereafter. 46. Benefits of act 1838, extended to widows of those previously deceased. 47. Subsequent marriage not to bar, if a widow at time of application. 48. Widows to receive pension during life. On second marriage, to be discontinued. 49. Widows pensioned under special acts. 50. Evidence on file of husband's service, to be conclusive on application of widow. 61. To receive pensions equal in amount to their husbands. 81. Extended to widows, &c., of those who have since died in the service. 82. Not to be transferable. Oath of agent to receive pension. 83. Regulations to be prescribed. 20 Jan. 1843 2 2. 5 Stat. 597. 91. Rate of naval pensions. 92. Pensions to widows renewed for five years. 93. Further renewal of pensions to widows, &c. To be paid whilst they continue widows. And to children until 16 years of age. Act of 1844 not to exclude seamen, &c., disabled from ses What casual. Pensions to orphans, when to commence. service. ties to entitle widows, &c., to pensions. 94. Engineers, firemen and coal-beavers, and their widows and children, to be entitled to pensions. Rate of pensions. 95. Not to exceed half-pay, &c. VIII. PENSIONS TO PERSONS ON BOARD PRIVATE ARMED SHIPS 96. Privateer pension fund established. 97. To be paid into the treasury. 98. Who to be pensioned thereout. Rates of pensions. 99. Commanders to enter names of disabled seamen on jour 128. Applications for pensions to be laid before congress, in cer tain cases. 129. Secretary of the navy, trustee of the navy, privateer pen. sion, and navy hospital funds. 130. Accounts to be kept. Annual reports to congress. 131. Powers of commissioners transferred to secretary. 132. Pension agents may administer oaths. therefor. 133. Compensation of pension agents. 134. Deputies and clerks may administer oaths. I. PENSION office. Compensation 1. A commissioner of pensions shall be appointed by the president of the United States, by and with the consent of the senate; (a) and he shall execute, under the Commissioner of direction of the secretary of war and the secretary of the navy, (b) such duties in relation to the various pension laws as may be prescribed by the president; and also such duties in relation to the laws granting military bounty lands, as may be assigned to him by the secretary of war, with the sanction of the president. pensions to be appointed. His duties. Ibid. 23. Salary. 19 Jan. 1849 1. 9 Stat. 341. 2. The said commissioner shall receive an annual salary of two thousand five hundred dollars; (c) and shall have the privilege of sen ling and receiving letters and packets by mail free of postage. 3. That the authority given to continue the office of commissioner of pensions by the act of 14th January 1846, entitled An act to continue the office of commissioner of Office continued pensions," be extended until further legislation by congress; (d) and said commis sioner shall receive the same rate of compensation which was paid to him during the year ending December 31st 1848. until further legislation. II. REVOLUTIONARY PENSIONS. 10 April 1806 3 1. 4. Any commissioned or non-commissioned officer, musician, soldier, marine or seaman, disabled in the actual service of the United States, while in the line of his duty, by 2 Stat. 376. (a) The act 3 March 1835, first provided for the appointment of a commissioner of pensions, for the term of two years. 4 Stat. 779. The office was continued. from time to time. by acts 3 March 1837, (5 Stat. 187), 4 March 1840, (Ibid. 369), 20 January 1843, (Ibid 597), and 14 January 1846, (9 Stat. 3). And by act 19 January 1849, (infra, 3), it is made perpetual. (b) Transferred to the department of the interior, by act 3 March 1849. See tit. "Interior Department," 6. (c) Increased to $3000 per annum. by act 12 August 1848. 9 Stat. 288. (d) See tit. "Clerks," 10, for the number and compensation of the clerks employed in the office of the commissioner of pensions. The act 26 August 1842, provides for the employment of two me sengers in said office, at a compensation of $500 each. 5 Stat 523. Invalid officers, men of the revo placed on the known wounds received during the revolutionary war, and who did not desert the service; 10 April 1806. or who, in consequence of disability as aforesaid, resigned his commission or took his discharge; or who, after incurring disability as aforesaid, was taken captive by the soldiers and senenemy, and remained either in captivity or on parole, until the close of said revolution-lution, to be ary war; or who, in consequence of known wounds received as aforesaid, has, at any pension list. period since, become and continued disabled in such manner as to render him unable to procure a subsistence by manual labor; whether such officer, musician, soldier, marine or seaman, served as a volunteer in any proper service, against the common enemy, or belonged to a detachment of the militia, which served against the common enemy, or to the regular forces of the United States, or of any particular state; he shall, upon substantiating his claim, in the manner hereinafter described, be placed on the pension list of the United States, during life, or the continuance of such disability, and be entitled, under the regulations hereinafter mentioned, to receive such sum as shall be found just and proper, by the testimony adduced. Ibid. 2 2. 5. In substantiating such claim, the following rules and regulations shall be complied with, that is to say: all evidence shall be taken on oath or affirmation, before the judge How claims subof the district, or one of the judges of the territory in which such claimant resides, or before some person specially authorized by commission from said judge. stantiated. Decisive disability, the effect of a known wound or wounds, received while in the Evidence of disactual service and line of duty against the common enemy, during the revolutionary ability. war, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel or craft, in which such claimant served, or of two other credible witnesses to the same effect; setting forth the time when, and place where, such known wound or wounds were received, and particularly describing the same. tent thereof. The nature of such disability, and in what degree it prevents the claimant from Nature and exobtaining his subsistence, must be proved by the affidavit of some reputable physician or surgeon, stating his opinion either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant on oath or affirmation; which, when necessary for that purpose, shall be administered to said claimant by said judge or commissioner. And the said physician or surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived. Every claimant must prove, by at least one credible witness, that he continued in Evidence of serservice during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disability resigned his commission; or was after his disability, in captivity, or on parole, until the close of the revolutionary war. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony. vice. ant. Every claimant shall, by his affidavit, give satisfactory reasons why he did not make Affidavit of claimapplication for a pension before, and that he is not on the pension list of any state.' And the judge or commissioner shall certify in writing, his opinion of the credibility of the witnesses whose affidavits he shall take, in all those cases where by this act it is said the proof shall be made by a credible witness or witnesses; and also, that the examining physician or surgeon is reputable in his profession. Ibid. 23. the secretary. laid before congress. 6. The said judge of the district, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates and List of claims to proceedings had thereon in pursuance of this act, noting particularly the day on which be transmitted to the testimony was closed before him, to the secretary for the department of war, that the same may be compared with muster-rolls, or other documents in his office. And Statement to be the said secretary shall make a statement of all such cases, which, together with all the testimony, he shall from time to time transmit to congress, with such remarks as he may think proper, that congress may be enabled to place such claimants on the pension lists as shall be found entitled to the privilege. And it shall be the duty of a judge or com- Transcript of promissioner aforesaid, to permit each claimant to take a transcript of the evidence and givings to be proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct. 7. Every pension, or increase thereof, by virtue of this act, shall commence on the day when the claimant shall have completed his testimony, before the authority proper to take the same. (a) 8. An increase of pension may be allowed to persons, already placed upon the pension list of the United States, for disabilities caused by known wounds received during the Ibid. 24. Ibid. 5. (a) By the regulations of the pension office, this rule is applied of congress. Mayo & Moulton's Pension and Bounty Land Laws to the cases of invalid pensioners placed on the list by special acts 521. 10 April 1806. revolutionary war, in all cases where justice shall require the same: Provided, That the When increase of increase, when added to the pension formerly received, shall in no case exceed a full pension to be allowed. pension. What evidence to Every invalid making application for this purpose, shall be examined by two reputable be adduced. Ibid. 26. slous. physicians or surgeons, to be authorized by commission from the judge of the district, where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor; which report shall be transmitted by said physicians or surgeons, to the secretary for the department of war, who shall compare the same with the documents in his office, and shall make a statement of all such cases, which, together with the original report, he shall from time to time transmit to congress, with such remarks as he may think proper, that they may be enabled to do justice to such pensioners. 9. A full pension given by this act to a commissioned officer, shall be one-half of the Amount of pen monthly pay legally allowed, at the time of incurring said disability, to his grade in the forces raised by the United States; and the proportions, less than a full pension, shall be the correspondent proportions of said half-pay. And a full pension to a non-commissioned officer, musician, soldier, marine or seaman, shall be five dollars a month, and the proportions less than a full pension, shall be the like proportions of five dollars a month. But no pension of a commissioned officer shall be calculated at a higher rate than the halfpay of a lieutenant-colonel. Ibid. 27. How payable. 10. The pensions, or increase thereof, which may be allowed by this act, shall be paid in the same manner as pensions to invalids, who have been heretofore placed on the pension list, are now paid, and under such restrictions and regulations, in all respects, as are prescribed by law. Ibid. 28. 11. No sale, transfer or mortgage of the whole or any part of the pension, payable to Transfer before any non-commissioned officer, musician, soldier, marine or seaman, before the same pension becomes becomes due, shall be valid. And every person claiming such pension or any part due, to be void. thereof, under power of attorney or substitution, shall, before the same is paid, make oath or affirmation, before some magistrate legally authorized to take the same, (a copy Oath of attorney of which, attested by said magistrate, shall be lodged with the person who pays said pension) that such power or substitution is not given by reason of any transfer of such pension, or part thereof. And any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury. to receive pen sion. Ibid. 9. Repealing section. Ibid. 10. Limitation of act. 25 April 1808 23. 2 Stat. 496. What state pen sioners to be placed on the list. Amount. Evidence. 12. All laws of the United States heretofore passed, so far as they authorize persons to be placed on the pension list of the United States, for and in consequence of disabilities derived from known wounds received in the revolutionary war, shall be and they are hereby repealed: Provided, That nothing in this repealing clause shall injure, or in any way affect those persons already upon the pension list of the United States; and that the secretary for the department of war shall proceed upon the testimony which has been transmitted to him by any claimant, before the passage of this act, in the same manner as though this act had never passed. 13. This act, so far as it authorizes the admission of persons upon the pension list of the United States, shall remain in force for and during the space of six years from the passage thereof, and no longer: (a) Provided, That this limitation shall not affect or impair the right of any invalid who may have completed his testimony in the manner prescribed by this act, before this limitation commences its operation, but which has not been transmitted to the secretary for the department of war. 14. That the secretary at war be and he is hereby authorized and directed to place on the pension list of the United States, all persons who now remain on the pension list of any of the states, and who were placed on the same in consequence of disability occa sioned by known wounds received during the revolutionary war; whether such person or persons served in the land or sea service of the forces of the United States, or of any particular state, in the regular corps, or the militia, or as volunteers: Provided, That in no case the pensions allowed to such person or persons, shall exceed the sums specified by the sixth section of an act entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed the 10th day of April 1806: And provided, That in every case where application shall be made, to have such person or persons placed on the pension list of the United States, under this law, satisfactory documents, from the proper officers of the state, shall be adduced, to establish the fact of such person or persons having been placed on the state pension list, in consequence of disability occasioned by known wounds received during the revolutionary war. (a) This act was continued from time to time, until the 24 May 1828, and from thence unto the end of the next session of congress; by acts 25 April 1812, (2 Stat. 718); 15 May 1820, (3 Stat. 596); 4 February 1822, (Ibid 650); and 24 May 1828. (4 Stat. 307); when it was suffered to expire. |