Слике страница
PDF
ePub

cents and three fourths; over four hundred miles, twentyfive cents. For every double letter, or letter composed of two pieces of paper, double those rates; for every triple letter, three times those rates; for every packet of four or more pieces of paper, and weighing one ounce, four times those rates; and in proportion for all greater weights. No packet of letters transported by water mails, are charged with more than quadruple postage, unless the same shall contain more than four letters; and no postmaster may put into the mail any packet of more than three pounds weight. § 356. Every four folio pages, or eight quarto, or sixteen octavo, or twenty-four duodecimo pages, or pages of less size than that of a pamphlet or magazine, are considered a sheet. The rates of postage on newspapers, pamphlets, and magazines, are as follows:

On every newspaper carried any distance within the state, the postage is one cent; if carried over one hundred miles, and out of the state in which it is mailed, one cent and a half. On periodical pamphlets and magazines, such as are issued in numbers at regular intervals, carried not over one hundred miles, one and a half cents a sheet; over one hundred miles, two and a half cents.

§ 357. Any memorandum or writing on a newspaper transmitted by mail, is charged with letter postage. But the publisher of a newspaper may send a printed or written notice to a subscriber, stating the amount due on his subscription; for which notice there shall be charged the same postage as for a newspaper.

§358. The following officers are allowed to send and receive their letters and packets free of postage:

Every postmaster, provided each of his letters or packets shall not exceed half an ounce in weight; every member of congress, provided each letter or pamphlet, (except documents printed by order of congress,) shall not exceed two ounces, during his attendance in any session of congress, and sixty days before and after such session; and all the civil officers at the seat of government and each may re

letters? 356. What on newspapers, pamphlets, and magazines? § 357. What concerning a writing on a newspaper? § 358. What officers are exempt from paying postage? To what extent? What is

ceive a newspaper free of postage, provided that no post master shall receive, free of postage, more than one daily newspaper, or what is equivalent thereto; and that no member of congress shall receive newspapers, free of postage, after his privilege of franking shall have ceased. To frank means to exempt a letter or packet from postage. The person entitled to this privilege, writes on the outside of the letter or packet, his name and office; and the same is sent free.

Every printer of a newspaper may send one newspaper to every other printer of a newspaper, free of postage.

§359. At the end of every quarter, every postmaster is required to publish in a newspaper, at or nearest the place of his residence, for three weeks successively, a list of all the letters remaining in his office; or shall cause a number of such lists to be posted up in his vicinity: and he is required, at the expiration of the next three months, to send such of the said letters as then remain on hand, as dead letters, to the general post office, where they are opened and examined; and such of them as are found to contain any matter of value, are returned to the writers thereof.

§ 360. Postmasters are allowed as a compensation for their services, a commission on letter postages by them received, not exceeding the following rates on the amount received in one quarter:

On a sum not exceeding one hundred dollars, thirty per cent.; on any sum over and above the first hundred dollars, not exceeding four hundred, twenty-five pr. ct.; on any sum over and above the first four hundred dollars, not exceeding two thousand four hundred, twenty per cent.: on any sum over and above the first two thousand four hundred dollars, eight per cent. ; on moneys received for the postage of newspapers, magazines, and pamphlets, fifty per cent. Postmasters whose compensation does not exceed five hundred dollars a quarter, are allowed two cents for every free letter delivered out of their offices.

§ 361. Any postmaster who shall unlawfully detain in his franking? How is it done? § 359. What is done by postmasters at the end of each quarter? § 360. What compensation do postmasters receive? § 361. What is the penalty for detaining letters, &c.? What are the salaries of the chief officers of the department?

office any letter or paper, or give a preference to any letter or paper over another, by forwarding the one and retaining the other, shall be liable to a fine not exceeding five hun dred dollars, and imprisonment for a term not exceeding six months, and incapable, for ever thereafter, of holding the office of postmaster in the United States. The salary of the postmaster general is $6,000 a year; three assistants, each $2,500; auditor, $3,000.

[ocr errors]

CHAPTER XIV.

Patents and Copy Rights.

§362. Congress shall have power, "To promote the progress of science and useful arts, by securing, for limited "times, to authors and inventors, the exclusive right of their "respective writings and discoveries."-Art. 1, sec. 8, cl. 8.

§363. The utility of this power is universally admitted. It is but just that those who spend their time in preparing books for the public, or in making useful discoveries, should receive a due reward for their labors. But this they could not receive, if all other persons had an equal right to use and sell their works and inventions. But the benefits of this provision are not confined to the authors and inventors. Discoveries and improvements in the arts and sciences, from which the world has derived the greatest advantages, would probably never have been made, had not encouragement been given to genius, by securing to inventors the profits of their discoveries.

§364. The right of property of authors and inventors in their works, had, before the revolution, been decided to be a common law right, and had been secured to them for limited times, by acts of parliament. Under the confederation, some of the states had, by legislative acts, favored certain discov.

§362. What power has congress to grant exclusive rights? § 363. What is the utility of this power? Why given to congress? § 364.

eries; but as the effect of these laws did not extend beyond the limits of the states in which they were enacted, little benefit was derived from them.

§365. There is attached to the department of state, an office denominated the patent office, the chief officer of which is called the commissioner of patents, appointed by the presi dent and senate. It is the duty of this officer, under the direction of the secretary of state, to superintend the granting of patents and other business done in the office. The salary of the commissioner is $3,000 a year. The commissioner appoints, with the approval of the secretary of state, a chief clerk, at a salary of $1,700, on whom devolve the duties of the commissioner in his absence. The commissioner may also appoint, in the same manner, other necessary clerks.

§ 366. To secure an exclusive right to make, use, and sell any new and useful invention, the inventor must deliver to the commissioner of patents, a written description of the invention for which he desires to obtain the right; and if it be a machine, it must be accompanied with drawings and written explanations of the principle, and the modes of the application of that principle, by which it may be distinguish. ed from other inventions; and he must specify particularly the improvement or combination which he claims as his own invention or discovery. In cases which admit of it, a model of the invention must also be furnished; and the applicant must swear or affirm, that he believes that he is the true dis. coverer of the art or improvement for which he asks a patent, and that the same has not to his knowledge been known or used; and also of what country he is a citizen.

§ 367. Every inventor, before his petition is considered, must pay into the treasury, or into the patent office, the sum of thirty dollars, if he be a citizen of the United States; if a subject of Great Britain, five hundred dollars; and all other persons, three hundred dollars. The commissioner then makes, or causes to be made, an examination of the al leged new invention; and if it shall not appear that the same had been before discovered, he issues a patent therefor. But

Ilow was it exercised formerly? § 365. How is the patent office organized? Salaries of officers? § 366. What must be done to procure a right for an invention? § 367. How much must be paid? On what

if it shall appear that the applicant be not the original inventor, or that the description is defective, he shall inform the applicant, who may withdraw his application, relinquish. ing his claim to the model, and receive back twenty dollars. But if the applicant shall persist in his claim, he may, by paying to the credit of the treasury as before, twenty-five dollars, have a decision of a board of examiners, composed of three disinterested persons, to be appointed by the secre. tary of state; by which decision the commissioner shall be governed,

§ 368. Patents are granted for the term of fourteen years; and it is provided, that, by paying forty dollars to the credit of the treasury, the applicant may have the hearing of a board, consisting of the commissioner, the secretary of state, and the solicitor of the treasury, who may extend the patent for the farther term of seven years, provided it shall be made to appear that the patentee, without neglect or fault on his part, has failed to obtain a reasonable profit from his inven. tion, But before the said board shall sit for this purpose, the commissioner shall cause to be duly published, in one or more newspapers in the city of Washington, and in one or more papers in the section of country most interested ad. versely to the extension of the patent, a notice of the appli. cation, and of the time and place of the sitting of the board, that any person may appear and show cause why the exten. sion of the patent ought not be granted.

§ 369. Any person who shall make, use, or sell any invention, the right of which is secured to a patentee, shall forfeit a sum, not exceeding three times the amount of damages actually sustained. But if it shall be proved by the defendant, that there was in the specification any false statement made to deceive the public; or that the thing thus secured was not first discovered by the patentee; or that the patent was surreptitiously obtained for the discovery of another person, judgment shall be rendered for the defend ant. Prosecutions for violations of patents and copy rights must be made in the circuit courts of the United States.

conditions is it then granted; and by whom? § 368. For how many years? On what conditions may the right be extended for seven years? 369. What is the penalty for infringing a right? § 370,

« ПретходнаНастави »