USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1823 > Part 38
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The following, or a similar oath of affirmation, taken [be- fore a judge of any of the courts or justice of the peace, or any person qualified to administer an oath] by the applicant or applicants, must be subjoined to the specification, if citi- zens of the United States:
FORM.
County of -- : 3 00.
State of -
On this - of -, 182 , before the subscriber a justice of the peace, in and for the said county, personally appeared the aforenamed A. B., and made solemn oath [or affirmation] ac- cording to law, that he verily believes himself to be the true and original inventor or discoverer of the art, [machine, invention, or improvement, composition of matter, &c.] above specified and described, for - [mention here the object or intention] -, and that he is a citizen of the United States.
, Just. Peace.
If not a citizen (or citizens,) the following addition must be made to the declaration, "that he verily believes himself to be the true and original inventor or discoverer of the art, &c. * And that the same hath not, to the best of his or her knowledge, or be- lief, been known or used, either in this or any foreign country. " " Also that he (or she) hath resided in the United States two years and upwards."
It is not necessary that the time of residence should im- mediately precede the application.
If an inventor or discoverer should die intestate, before an application be made for a patent, his legal representatives may apply for the patent, in trust for the heirs at law; other- wise in trust for the devisees.t
The specification must be accompanied by a good draw.
* See laws of the U. S. vol. iii. chap. 179. p. 342.
+ See laws U. S. vol. iii. chap. 179, $ 2, p. 342.
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ing, in perspective, of the whole machine or apparatus' " * where the nature of the case admits of drawings, or with specimens of the ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention is of a composition of matter." " And such in- ventor shall, moreover, deliver a model of his machine, pro- vided the secretary shall deem such model to be necessary." It is requisite, in giving a drawing of the machine, to give also sectional drawings of the interior when the machine be complex; and every drawing should be accompanied with explanatory references. If the machine is complex, a model will likewise be necessary, not only to explain and render it comprehensible to a common capacity, but also to prevent infringements of rights; for many will plead ignorance of drawings who cannot avoid conviction by wheels and pinions.
The drawings ought not to exceed a quarto size, and if confined to octavo they would be still better, where it can be done conveniently and distinctly.
Many of the drawings in this office are executed in a very handsome style, and do much credit to the gentlemen whose names are ascertained. If the artists would always sign them, with their directions, information might be given to the ap- plicants for patents, where to apply for drawings.
The papers must all be sent directed to the superinten- dant of the Patent Office, under cover to the secretary of state, which of course renders them free of postage; but, if models be sent, their freight or carriage hither must be paid, and, before packing them, the name or names of the inven- tor or inventors should be written thereon, with the name of the machine, and the date; for, sometimes, on receiving them, it is difficult to know to whom they appertain.
The congress being impressed with a high sense of the value of the inventions of our citizens, have purchased an elegant and extensive building, wherein preparations are made for the accommodation of a very numerous collection of the machines illustrative of the ingenuity displayed; and this MUSEUM OF THE ARTS, it is presumed, will stimulate the ingenius to send the models of their machines and inven- tions in a style that will rather honour than discredit them- selves and our country.
Copy-rights of books, prints, charts, maps, &c. are secured " byt depositing, before publication, a printed copy of the title of such map, chart, book, or books, in the clerk's office of the district court where the author or proprietor shall re-
* See laws U. S. vol. ii. chap. 156, p. 349.
+ See an act for the encouragement of learning, &c. laws of the U. S. vol. ii. chap. 42, § 3, p. 104. See also the law of the 29th day of April, 1802; by which it will be found that the date of the print, chart, map, &c. ought to be imprinted on the front, and for want of which some have lost their copy-right.
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side, who will record the same; and the author or proprietor shall within two months from the date of the record, cause a copy of the said record to be published in one or more of the newspapers printed in the United States, for the space of four weeks. * And within six months of publishing the map, chart, book, or books, the author or proprietor shall, deliver, or cause to be delivered, to the secretary of state, a copy of the same;" and, when deposited and entered into the patent office a certificate will be returned of its being received. + This will secure the sole right of publication for fourteen years, to the author or proprietor, if a citizen of the United States, or resi- cent therein. "And if, at the expiration of the term, the author or authors, or proprietors, or any of them, be living, and a citizen or citizens of these United States, or residents therein, the same exclusive right shall be continued to him or them, his or their executors, administrators, or assigns, for the further term of fourteen years: provided, he or they shall cause the title thereof to be recorded and published in the above manner, within six months before the expiration of the first term of fourteen years aforesaid. In securing de- signs for paper hangings and ornaments for rooms, &c., a specimen of which should be deposited in the clerk's office where the inventor resides, who will describe, in writing, all the ornaments, and the colours used in each, so as to desig- nate them, with the changes that are proposed to be used in changing the ground and general tint. Let each paper, thus described, be numbered, 1, 2, 3, &c. and after entering them in the clerk's office, and publishing them as directed, let a specimen of each be sent to the honourable the secretary of state, or through him to the person who directs the patent office, with correspondent descriptions and numbers; and a certificate of such deposit will complete the requisitions of the law in securing the exclusive right to each original pro- duction of genius. WM. THORNTON.
POST OFFICE LAW.
No ship or vessel from foreign ports, or coming by sea from any port of the United States, shall be permitted to re- port, make entry, or break bulk, till the master shall deliver, to the post-master, all letters under his care or within his power, other than such as are directed to the ornemor owners of such ship or vessel, and an oath or affirmation to be taken of such delivery; the master to receive two cents for every letter so delivered.
SEC. 57. Goods found on board any vessel not noted on the manifest, thre master to make post entry, previous to any per- mit being granted therefore.
Packages wanting, or goods not agreeing with the manifest,
* See an act for the encouragement of learning, &c. laws of the U. S. vol. ii. chap. 42, § 4, p. 122.
{ See laws of the U. S. vol. ii. § 1, p. 105, 106.
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the master forfeits 500 dollars, unless made appear to the satisfaction of the principal officers of the customs, that no patt of the cargo has been unloaded since it was taken on board, except such as noted in the report, and pursuant to permits; and that such disagreement arises from accident or mistake.
SEC. 60. Vessels arriving from any foreign port, in distress, at any port in the United States, not being destined for the same, protest to be made by the master and mate, within twenty-four hours, and lodged at the custom-house; and with- in forty-eight hours enter his vessel, as in all other cases; and if by certificate of the wardens of the port, of the neces- sity thereof, the vessel may be unladen and cargo deposited in the public store, and reladen again (except such part as may be necessary to be sold to defray the expenses of the repairs of the vessel only, on which the duty shall be paid as in other cases) by permission from the custom-house free from any other charge than storage and fee to the officers of the custom, as in other cases.
SEC. 93. The master or person having command of any vessel bound to a foreign port or place, shall deliver to the collector of the district from whence such vessel is about to depart, a manifest of all the cargo on board, and the value thereof, subscribed by such person: the penalty for not de- livering such manifest, and obtaining a clearance, previous to departure from such district, is 500 dollars for every offence.
IMPORTERS AND CONSIGNEES.
SEC. 36. Owners or consignees of goods imported are, within fifteen days after the master's report, to make entry with the collector, detailing the several contents and nett cost of each package particularly, and produce the original invoice, documents and bills of lading, which must be veri- fied on oath or affirmation, by the said parties, who must subscribe the form of entry on oath.
When the above entry is made by any agent, factor, or other person, other than bona fide owner or consignee of such merchandise, such person to give bond in the sum of 1000 dollars, over and above what the duties may amount to, with: condition, that the bona fide owner or consignee of such mer- chandise, shall, on or before the first period of payment of such duty become due, deliver to said collector, a full and correct account of said merchandise, in manner and form aforesaid, verified by a like oath or affirmation, before any judge of the United States, or a judge of any court of re- cord of a state, or before a collector of the customs; and in case the duties are paid at the time of entry, a like bond to be given, that such an account shall be delivered, within ninety days from such entry.
When the particulars of such merchandise are not known, an entry thereof to be made according to circumstances; de - claring on oath or affirmation, all the particulars the party
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knows or believes concerning the same, to be subscribed by the party: and where an imperfect entry is made, either for wart of invoices, bills of lading, &c. the collector to take such merchandise into his custody, until the quantity, quality, or value can be ascertained.
SEC. 37. Every inporter or consignee of distilled spirits, wines or teas, to make a separate entry of the same, specify- ing the name of the vessel and master, and place from whence; the quantity and quality, and a particular detail of the chests, casks, or vessels containing the same, with the marks and numbers; which entry, after being certified by the collector, to be produced to the surveyor or officer acting as inspector of the revenue for the port: and all permits granted by the collector for the above articles, shall, prior to the landing of the same, be produced to the surveyor or officer acting as inspector for the port, for endorsement; any of the above ar- ticles landed, contrary to the above direction, are subject to forfeiture, and five hundred dollars penalty on the master or person having charge of the vessel.
SEC. 52. Goods without invoice, or specification of parti- culars, to be stored by the collector until appraised, or in- voices arrive, at the option of the importer.
Appraisers to ascertain and certify at what rate, or per centage, such goods are damaged; but no allowance for «lamage, unless such appraisement is lodged in the custom- house within ten days after the landing thereof, accompanied. with a certificate of the wardens of the port.
SEC. 56. Goods not landed in fifteen days to be sent to the public store, and all goods so deposited to be at the risk and charge of the importer; and if not entered and the duties paid, or secured within nine months, to be sold, (being first advertised for one month) the surplus money arising from such sale, after the duties and charges are paid, to be paid into the treasury of the United States, for the benefit of the owners, who, upon due proof of the property, shall be enti- tled to the same. Perishable articles may be sold immedi- ately.
SEC. 66. Goods entered under a fraudulent invoice to be forfeited, or where the collector shall suspect that such goods are not invoiced agreeable to the sum such goods are sold for at the place from whence they are imported, to be taken into his possession at the risk and expense of the im- porter, until they are appraised, and in case of prosecution for the forfeiture aforesaid, such appraisement shall not ex- clude other proof on trial, of the actual and real cost of the said goods at the place from whence imported.
SEC. 67. Packages may be opened in presence of two mer .- chants, upon suspicion of fraud, and re-packed under the. inspection of an officer; and if found to differ from the en- try, to be forfeited, unless made appear to the satisfaction of the principal officers of the customs, or a court on trial, that
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such difference proceed from accident or mistake, or without intention of fraud.
RETURNED CARGO.
SEC. 47. When goods, &c. the growth or manufacture of the United States shall be returned, not having been shipped for the benefit of drawback or bounty, no duty to be de- manded.
SEC. 48. Report and entry of such goods, &c. to be made, and proof, by oath or affirmation of the facts thereof.
N. B. When the goods so returned have been exported from any other district than the one they may be imported in, bonds to be given by the importer, in addition to the above oath, in the sum of the duties that within six months, a certificate shall be produced from the collector of the cus- toms for the district from whence they were exported, that such goods were actually so exported: in default of which, the bond to be forfeited and the penalty paid.
PASSENGERS.
SEC. 46. Entry to be made by passengers of all clothes, tools or implements of trade or professions, arriving in the. United States to settle; which articles are exempted from duty.
If the articles shall be entered by any other person than the owner, bond to be given in a sum equal to the amount of what the duties would be if imported subject to duty: that the owner shall within one year verify such entry on oath, or the collector may direct such baggage to be examined; and if any article is contained therein, which ought to pay duty, entry must be made thereof; and if an entry is made as afore- said, and upon examination thereof, any article is found therein subject to duty, (not having been expressed at the time of making the entry) it is forfeited, and the person in whose baggage the same shall be found forfeits and shall pay treble. the value thereof.
Mode of obtaining Drawback on Foreign Merchandise.
SEC. 75. Merchandise imported into the United States, (foreign caught fish, fish oil, and playing cards excepted) if exported within one year from the paying or securing the du- ties thereon, from the ports of original importation, are enti- tled to a drawback of such duties, or may be transported coastwise to certain districts, and the drawback, if exported from thence to a foreign port, excepting those immediately adjoining the United States,* by observing the following di- rections: provided, the duties paid or secured on such mer- chandise imported by one person or co-partnership, and entered at the same time, shall amount to fifty dollars, except distilled liquors, which must be one hundred and fifty gallons,
* St. Augustine, Nova Scotia, Halifax, and the Canadas.
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and exported in the original casks, cases, chests, boxes, or other packages in which they were imported, except liquors in casks, coffee or cocoa in casks or other packages, or un- refined sugar which may be- filled up out of others of the same importation, or put up into new casks or packages cor- responding therewith, which must be marked and numbered as the originals, but no change or filling up to take place unless the casks or other packages are unfit for exportation, And in no other case; the whole to be performed under the inspection of a proper officer appointed for that purpose.
When articles are imported in bulk, the packages in which they are landed shall be deemed the packages of original im- portation, and must be exported in the same; and all certifi- cates for distilled spirits, wines, or teas must be given up, or r.o drawback to be allowed.
SEC. 76. Twenty-four hours notice to be given by lodging an entry thereof before shipping the goods, except distilled spirits, which require but six hours; and goods shipped with- out a proper permit, forfeit the drawback.
Previously to any permit being given, proof must be made by the importer, of the importation and the paying or secur- ing the duties thereon, and every other person through whose hands such merchandise may have passed, of the identity thereof.
SEC. 82. If any goods, wares or merchandise, entered for exportation with intent to draw back the duties, shall be landed within the limits of the United States, the same is sub- ject to seizure and forfeiture, together with the ship or ves- sel: and the vessels or boats used in landing the same, and all persons concerned therein upon conviction, to suffer im- prisonment not exceeding six months.
SEC. 77. Merchandise may be transported coastwise to such ports as vessels arriving from the Cape of Good Hope, or beyond the same, are admitted to enter at, by making the following entry, and obtaining a certificate from the port of original importation.
SEC. 78. The certificate accompanying such merchandise to be produced at the time of making entry, upon which a permit will be granted for unlading; and if intended to be exported to a foreign port, the same proceedings to be had as if such merchandise had been originally imported into the district from whence they are to be exported.
SEC. 79. Merchandise may be transported across the state of New Jersey, by the following route to Philadelphia, and exported from thence to a foreign port and obtain drawback, viz. New-Brunswick, South Amboy, and Lamberton, Borden- town, or Burlington, by making an entry as if transported by water; the said merchandise to be inspected and marked pre- vious to the landing on board any packet with intention of transportation as aforesaid, and obtaining the certificate as in other cases; and if merchandise is transported by any other route than expressed in the passport accompanying the
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- same, or if the marks, fastenings or seals that may be placed thereon, by direction of any officer of the customs, be broken or defaced, or unpacked, the merchandise in respect to which such omission or wrong doing shall happen, or the value thereof, shall be forfeited.
SEC. 80. If goods are exported from the district into which they were originally imported, the exporter shall receive from the collector of such district, a debenture or debentures for the amount of such drawback, payable at the exact time or times on which the duties on such goods shall become lue. Provided, that if the duties on suchi merchandise shall have been paid prior to an entry for exportation, the deben- ture shall be made payable in fifteen days from the time of signing the bond; and the debenture may be made payable to the original importer when the same shall be requested, in writing by the exporter, and not otherwise.
If merchandise having been imported coastwise, accom- panied with a certificate, shall be exported to a foreign port, the exporter to receive a certificate from the collector of the district from whence exported; which is to be produced to the collector of the district of original importation; and the drawback to be paid at such port, upon debenture or deben- tures being granted thereon, payable as aforesaid: but in no case is the drawback to be paid until the duties are first re- - ceived.
Consuls and Vice Consuls.
By an act of Congress of the 28th of February, 1805, it is 'made the duty of every master of any vessel bound on a foreign voyage, before any clearance is granted, to deliver to the col- lector of the customs, under oath or affirmation, a list con- taining the names, place of residence, and a description of the persons composing the ship's company, as far as he can ascer- tain them, and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to twenty-five cents; and the said master is to enter into bond with security, in the sum of four hundred dollars, to exhibit the aforesaid certified copy of the list to the first boarding officer, at the first port in the United States, at which he shall arrive on his return, and then and there produce the persons named therein. The bond not to be forfeited, on failure of the mas- ter to produce any person contained in the list, who may be discharged in a foreign country with the consent of the con- sul, vice consul, commercial agent, or vice commercial agent there residing, signed in writing, under his hand and official seal, nor on account of any such person dying or absconding, or being forcibly impressed into other service.
SEC. 2. Makes it the duty of every master or commander of any ship or vessel belonging to the United States, on his arrival at a foreign port, to deposit his register, sea-letter and Mediterranean passport, with the consul, vice consul, com-
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mercial agent (if any there be at such port) and in case of refusal he forfeits five hundred dollars: and when the said master produces a clearance from the proper officer of the port, it is the duty of the said consul, vice consul, or com- mercial agent, to return him all of his said papers.
SEC. 3. Whenever a ship or vessel of the United States shall be sold in a foreign country, and her company discharged, or when an American seaman shall by his own consent be dis- charged in a foreign country, it is the duty of the master or commander to produce to the consul, vice consul, or com- mercial agent, a certified list of the ship's company, and to pay to such consul, &c. for every seaman so discharged, three months pay over and above the wages then due to such sea- man, two-thirds thereof to be paid, by such consul, to each seaman so discharged, and the other remaining third to be retained for the purpose of creating a fund for the main- tenance of destitute American seamen in such foreign port.
SEC. 4. Makes it the duty of the consuls, vice consuls, commercial agents and vice commercial agents, to provide for the seamen of the United States, who may be found in their districts respectively, sufficient subsistence and passages to some port in the United States, at the expense of the United States, subject to such instructions as the secretary of state shall give; and it is made the duty of all masters and commanders of vessels of the United States, bound to a port of the same, to take such seamen on board of their ships or vessels, at the request of said consuls, &c. (not more than two men to every hundred tons burthen of his ship or vessel) and to transport them to the port in the United States to which he is bound, on such terms as may be agreed on, not exceeding ten dollars for each person; and if the captain or commander refuses to take such seamen on the request of the consul, &c. he forfeits one hundred dollars for each sea- man so refused.
SLc. 6. Fixes the fee of the consuls, &c. for a certificate of discharge of any seaman in a foreign port at fifty cents; and allows them two and a half per cent on all monies re- ceived and paid on account of such discharges.
SEC. 7. Subjects the consuls to a fine not exceeding ten thousand dollars, and imprisonment not exceeding three years, for knowingly giving a false certificate, stating that property of foreigners belongs to citizens of the U. States.
SEC. 8. Subjects the consuls, &c. to a fine not exceeding one thousand dollars, for knowingly certifying that an alien is a citizen of the United States.
SEC. 9. Provides that all powers of attorney executed in a foreign country, for the transfer of any stock of the United States, or for receiving interest thereon, shall be verified by the certificate and seal of a consul, vice consul, commercial agent, or vice commercial agent, if any there be at the place where the same shall be executed, for which the said consul, &c. shall receive fifty cents.
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GRAND LODGE OF PENNSYLVANIA.
Stated Quarterly Communications are held at their Hali in Chestnut street on the first Mondays in March, June, Sep- tember, and December, when the annual election takes place
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