1831. to wit: (here insert the title ;) the right whereof he claims as author (or proprietor as the case may be ;) in conformity with an act of Congress, entitled "An act to amend the several acts respecting copy-rights." C. D. Clerk of the District." For which record, the clerk shall be entitled to receive, from Fee. the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor of any Copy of work o such book, map, chart, musical composition, print, cut, or be deposited. engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver or cause to be delivered a copy of the same coping to be to the clerk of said district. And it shall be the duty of the List of works and clerk of each district court, at least once in every year, to transmitted to Setransmit a certified list of all such records of copy-right, in- retary of State. cluding the titles so recorded, and the dates of record, and also all the several copies of books or other works deposited in his office according to this act, to the Secretary of State, to be preserved in his office. the district court of right to be print Infringement of books. Sec. 5. And be it further enacted, That no person shall be Notice of copyentitled to the benefit of this act, unless he shall give informa- ed, &o tion of copy-right being secured, by causing to be inserted, in the several copies of each and every edition published during the term secured on the title page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontisepiece thereof, the following words, viz: "Entered according to act of Congress, in the year by A. B., in the clerks office of (as the case may be.) SEC. 6. And be it further enacted, That if any other person or persons, from and after the recording the title of any book or copy right to books, according to this act, shall, within the term or terms herein limited, print, publish, or import, or cause to be printed, published, or imported, any copy of such book, or books, without the consent of the person legally entitled to the copy-right thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing; then such Penalty. offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copy-right thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court having compent jurisdiction thereof. 1831. copy right to Spc. 7. And be it further enacted, That, if any person or persons, after the recording the title of any print, cut, or enInfringement of graving, map, chart, or musical composition, according to the prints, maps, &c. provisions of this act, shall, within the term or terms limited by this act, engrave, etch, or work, sell, or copy, or cause to be engraved, etched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law, or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut, or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copy-right thereof, first obtained in writing, signed in the presence of two credible witnesses; or, knowing the same to be so printed or imported without such consent, shall publish, sell or expose to sale, or in any manner dispose of any such map, chart, musical composition, engraving, cut, or print, without such consent, as aforesaid; then such offender or offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut, or print, shall be copied, and also all and every sheet thereof so copied or printed, as aforesaid, to the proprietor or proprietors of the copy-right thereof; and shall further forfeit one dollar for every sheet of such map, chart, musical composition, print, cut, or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the United States, to be recovered in any Court having competent jurisdiction thereof. Penalty. Privilege restricted to citizens or residents. Publication of manuscripts &c Remedy. SEC. 8. And be it further enacted, That nothing in this act shall be construed to extend to prohibit the importation or vending, printing, or publishing, of any map, chart, book, musical composition, print or engraving, written, composed, or made, by any person not being a ci izen of the United States, nor resident within the jurisdiction thereof. SEC. 9. And be it further enacted, That any person or perwithout consent, sons, who shall print or publish any manuscript whatever without the consent of the author or legal proprietor first obtained as aforesaid, (if such author or proprietor be a citizen of the United States, or resident therein,) shall be liable to suffer and pay to the author or proprietor, all damages occasioned by such injury, to be recovered by a special action on the case founded upon this act, in any Court having cognizance thereof; and the several Courts of the United States empowVunction to pro- ered to grant injunctions to prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid. SEC. 10. And be it further enacted, That, if any person or persons shall be sued or prosecuted, for any matter, actor vent. General &c. issue, thing done under or by virtue of this act, he or they may plead 1831. the general issue, and give the special matter in evidence. copy-right. SEC. 11. And be it further enacted, That, if any person or False entry of persons, from and after the passing of this act, shall print or publish any hook, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copy-right 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 Penalty. dollars; one moiety thereof to the person 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 cognizance thereof. SEC. 12. And be it further enacted, That, in all recoveries Costs. under this act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding. tion. SEC. 13. And be it further enacted, That no action or pro- Limitation of acsecution 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. pealed. SEC. 14. And be it further enacted, That the "Act for the Certain acts reencouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned," passed May thirtyfirst, one thousand seven hundred and ninety, and the act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be, and the same are hereby, repealed: saving, always, such rights as may have been obtained in conformity to their provisions. act for security of to extend to ex SEC. 15. And be it further enacted, That all and several the Provisions of this provisions of this act, intended for the protection and security copyrights, &c. of copy-rights, and providing remedies, penalties, and forfei- isting copytures, in case of violation thereof, shall be held and construed rights. to extend to the benefit of the legal proprietor or proprietors of each and every copy-right heretofore obtained, according to law, during the term thereof, in the same manner as if such copy-right had been entered and secured according to the directions of this act. isting copy SEC. 16. And be it further enacted, That, whenever a copy- Extension of exright has been heretofore obtained by an author or authors, right. inventor, designer, or engraver, of any book, map, chart, print, cut, or engraving, or by a proprietor of the same: if such author or authors, or either of them, such inventor, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inventor, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut, or engraving, with the benefit of each and all the provisions of this act, for the security 1831. Proviso: thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copy-right, make up the term of twenty-eight years, with the same right to his widow, child, or children, to renew the copyright, at the expiration thereof, as is above provided in relation to copy-rights originally secured under this act. And if such author or authors, inventor, designer, or engraver, shall not be living at the passage of this act, then, his or their heirs, executors and administrators, shall be entitled to the like exclusive enjoyment of said copy-right, with the benefit of each and all the provisions of this act for the security thereof, for the period of twenty-eight years from the first entry of said copyright, with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventor, or engraver, as is provided in relation to copy-rights originally secured under this act: Provided, That this act shall not extend to any copy-right heretofore secured, the term of which has already expired. [Approved, February 3, 1831.1 Time extended for assistant Mar- Marshals' returns. Proviso: Proviso: Certain copies to CHAP. 17. An ACT to amend the act for taking the Fifth Census. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That it shall and may be lawful for such of the assistants to the Marshals in the respective States and Territories, who have not, before the passage of this act, made their respective returns to such Marshals, under the act hereby amended, to complete their enumerations and make their returns under the said act, at any time before the first day of June, and for the Marshals of such States and Territories to make their returns to the Secretary of State at any time before the first day of August, one thousand eight hundred and thirtyone: Provided, That nothing herein contained shall be deemed to release such Marshals and assistants from the penalties contained in the act aforesaid, unless their returns shall be made within the time prescribed in this act: And provided further, That no persons be included in the returns made under the present act, unless such persons shall have been inhabitants of the Districts for which such returns shall be made, on the first day of June, one thousand eight hundred and thirty. SEC. 2. And be it further enacted, That the copies of reClerk of Courts, turns and aggregate amounts directed to be filed by the Marshals with the Clerks of the several District Courts, and Supreme Courts of the Territories of the United States, shall be preserved by said Clerks, and remain in their offices respectively; and so much of the Act to which this is an amend ment as requires that they shall be transmitted by said Clerks to the Department of State, is hereby repealed. 1831. SEC. 3. And be it further enacted, That it shall be the duty of the Secretary of State to note all the clerical errors in the returns of the Marshals and Assistants, whether in the addi- Errors to be notions, classification of inhabitants, or otherwise, and cause said ted aud printed. notes to be printed with the aggregate returns of the Mar shals, for the use of Congress. [Approved, February 3, 1831.] CHAP. 18. An ACT, for the relief of Matthias Roll and William Jackson. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War cause to be issued to Matthias Roll, a private in the New Jersey line, in the Revolutionary War, a duplicate of military bounty land warrant, number one thousand one hundred and sixty-four, for one hundred acres of land, which issued to Matthew, alias Matthias Roll, the twenty-third day of February, one thousand eight hundred and twenty-six, and which has been lost. And the said Matthias Roll shall have the said duplicate located and proceeded upon, in the same manner as if it were an original warrant; and the said original warrant is hereby declared null and void. SEC. 2. And be it further enacted, That the Secretary of War cause to be issued to William Jackson, a private in the Virginia line in the Revolutionary War, a duplicate of military bounty land warrant, number one thousand and thirty-six, for one hundred acres of land, which issued to said William Jackson on the thirteenth day of April, eighteen hundred and twenty-two, and which has been lost; and that said William Jackson shall have all the rights under said duplicate that he could or might have under the original warrant; and the said original warrant is hereby declared null and void. [Approved, February 3, 1831.] CHAP. 19. An ACT to amend the act entitled "An act to quiet the titles of certain purchasers of lands between the lines of Ludlow and Roberts, in the State of Ohio," approved the twenty-sixth of May, in the year eighteen hundred and thirty. [SECT. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the sum appropriated by the act entitled, President U. S. to "An act to quiet the titles of certain purchasers of lands be- Pay Philip Dodtween the lines of Ludlow and Roberts, in the State of Ohio," approved the twenty-sixth of May, in the year eighteen hundred and thirty, the President of the United States be, and dridge. |