(ACT of February 7th, 1815.) ministrators, or assigns, first obtained, in writing, shall make, devise, use, or sell, the thing whereof the exclusive right is secured to the said patentee by such patent, such person, so offending, shall forfeit and pay to the said patentee, his executors, administrators, or assigns, a sum equal to three times the actual damage sustained by such patentee, his executors, administrators, or assigns, from or by reason of such offence, which sum shall and may be recovered, by action on the case, founded on this and the above mentioned act, in the circuit court of the United States havingjurisdiction thereof.

14. SEC. IV. [Repeals SEC. v. of the act of February 21, 1793.] ACT of January 21, 1808. 4 Bioren, 135.

15. SEC. 1. It shall and may be lawful for the secretary of state, on application, in writing, by Oliver Evans, to cause letters patent to be made out in the manner and form prescribed by the act, entitled " An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose," thereby granting to said Oliver Evans, his heirs, executors, administrators, and assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, constructing, using, and vending, to be used his invention, discovery, and improvements, in the art of manufacturing flour and meal, and in the several machines which he has discovered, invented, improved, and applied to that purpose: Provided, That no person who may have heretofore paid the said Oliver Evans for license, to use his said improvements, shall be obliged to renew said license, or be subject to damages for not renewing the same: And provided also, That no person who shall have used the said improvements, or have erected the same for use, before the issuing of the said patent, shall be liable to damages therefor.

ACT of February 7, 1815. 4 Bioren, 792.

SEC. 1. All the rights and privileges of Oliver Evans, under a patent issued from the department of state, on the fourteenth day of February, one thousand eight hundred and four, for his improvements on steam engines, hereby are, extended to the said Oliver Evans, his heirs, administrators, or assigns, for and during the term of seven years, to commence from, and immediately after, the expiration of the term of fourteen years, granted by said patent as aforesaid, subject to all the provisions of the act, entitled, "An act to promote the progress of the useful arts, and to repeal the act heretofore made for that purpose," excepting so far as regards the extension of the term of his said patent herein authorised: Provided, That it shall not be lawful for the said Oliver Evans, his heirs, administrators, or assigns, to charge or receive from any person or persons, a greater sum for the privilege of constructing or using his said improvements on steam engines, during the term for which said patent is hereby extended, than he

(ACT of March 23d, 1796.)

has hitherto charged and received for a like privilege, under his said patent as now in force.

ACT of February 15, 1819. Pamphlet edit. 13.

An act to extend the jurisdiction of the circuit courts, &c. to cases arising under the law relating to patents.

[See title JUDICIARY, 127, ante page, 424.]

NOTES.

Under the sixth section of the patent law of 1793, the defendant pleaded the general issue, and gave notice that he would prove at the trial, that the machine for the use of which without license the suit was brought, had been used previous to the alleged invention of the plaintiff, in several places, which were specified in the notice, or in some of them, " and also at sundry other places in Pennsylvania, Maryland, and elsewhere in the United States." The defendant having given evidence as to some of the places specified, offered evidence as to others not specified. Held that this evidence was admissable. But the powers of the court in such a case are sufficient to prevent, and will be exercised to prevent, the patentee from being injured by surprise. Testimony on the part of the plaintiff, that the persons of whose prior use of the machine, the defendant had given evidence, had paid the plaintiff for license to use the machine, since his patent ought not to be absolutely rejected, although entitled to very little weight. 3 Wheaton, 454. Oliver Evans may claim under his patent the exclusive use of his inventions, and improvements, in the art of manufacturing flour and meal, and in the several machines which he has invented, and in his improvements on machines previously discovered. But when his claim is for an improvement on a machine, he must show the extent of his improvement, so that a person understanding the subject, may comprehend distinctly in what it consists. id. ib.

ACT of May 8, 1792. 2 Bioren, 296. 1. SEC. IX. [See title MILITIA 9, ante page, 599.]

ACT of February 21, 1795. 2 Bioren, 470. 2. SEC. 11. No commissioned officer, who has received commutation of half pay, shall be paid a pension as an invalid, until he shall return his commutation into the treasury of the United States, except where special provision has been made in particular cases, for allowing pensions on the return only of certain portions of the commutation.

ACT of March 23, 1796. 2 Bioren, 514. 3. SEC. t. Every commissioned, noncommissioned officer, private, or musician, who has been wounded or disabled, while in the

(ACT of April 10th, 1806.)

line of his duty, in actual service, called out by authority of any law of the United States, while he belonged to the militia, or any volunteer not belonging to the militia, who has been wounded or disabled, while in the line of his duty, in actual service, as aforesaid, shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as shall be directed by the president of the United States for the time being: Provided, The rate of compensation for such wounds and disabilities shall never exceed, for the highest disabilities, half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled, and that the rate of compensation to noncommissioned officers, privates, and musicians, shall never exceed five dollars per month; and that all inferior disabilities shall entitle the person so disabled to receive only a sum in proportion to the highest disability: And provided, That these provisions shall not be construed to extend to any person wounded or disabled before the fourth of March, one thousand seven hundred and eightynine, nor to any person wounded or disabled since that time, who has made application for a pension, under any existing law of the United States, and has been denied, or admitted, on the pension list: And provided, That all applications herein shall be made within one year after the end of the present session of congress.

ACT of March 3, 1804. 3 Bioren, 575.

4. SEC. 1. The persons to whom military pensions have been heretofore granted and paid by the state of South Carolina, in pursuance of the resolves of the United States, in congress assembled, for the payment of pensions to the invalids, who were wounded and disabled during the late war with Great Britain, and who have not been placed on the books in the office of the secretary, for the department of war, are directed to be placed on said books, and their said pensions shall be hereafter paid by the United States, in the same manner as to other pensioners of the United States, out of the funds already appropriated for that purpose.

ACT of April 10, 1806, 4 Bioren, 31. An act to provide for persons who were disabled by known wounds received in

the revolutionary war.

5. SEC. 1. Any commissioned, or noncommissioned officer, musician, soldier, marine, or seaman, disabled in the actual service of the United States, while in the line of his duty, by known wounds received during the revolutionary war, and who did not desert the service; or who, in consequence of disability as aforesaid, resigned his commission or took a discharge; or who, after incurring disability as aforesaid, was taken captive by the enemy, and remained either in captivity or on parole, until the close of said revolutionary war; or who, in consequence of known wounds received as aforesaid, has, at any period since, become and continued disabled in such manner as to render him unable to pro(ACT of April 10th, 1806.) sure a subsistence by manual labour; whether such officer, musician, soldier, marine, or seaman, served as a volunteer, in any proper service against the common enemy, or belonging 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.

6. SEC. II. 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 of 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.

Decisive disability, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy, during the revolutionary 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.

The nature of such disability, and in what degree it prevents the claimant from obtaining 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 service 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.

Every claimant shall, by his affidavit, give satisfactory reasons why he did not make application 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

(ACT of April 10th, 1806.) 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 wit ness or witnesses; and also, that the examining physician or surgeon is reputable in his profession.

7. SEC. 111. 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 proceedings had thereon in pursuance of this act, noting particularly the day on which 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 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 list as shall be found entitled to the privilege. And it shall be the duty of the judge, or commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct.

SEC. IV. 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.

8. SEC. v. 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 revolutionary war, in all cases where justice shall require the same: Provided, That the increase, when added to the pension formerly received, shall in no case exceed a full pension.

Every invalid making application for this purpose, shall be examined by two reputable physicians or surgeons, to be authorised 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 labour; 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. SEC. VI. A full pension given by this act to a commissioned officer, shall be one-half of the 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 noncommissioned officer, musician, soldier, marine, or seaman, shall be five dollars a month, and the propor