Receipt for moneys; how made. nished to said agent, for his guidance in the performance of the duties aforesaid, by the Secretary of the Interior. Said agent shall take the receipt of the persons so paid attested in such manner as the Secretary of the Interior shall prescribe, which receipt shall be a voucher for said agent in the final settlement of his accounts. Agent's compen- Said agent shall receive, in full compensation for the services required sation, oath, and by the provisions of this act, a sum equal to three fourths of one per bond. centum on the amount that he shall receive. The agent so appointed to make said payments shall before entering on such duty, take and subscribe on oath, before some United States commissioners or clerk of some court of record, for the faithful performance of the duties imposed by the provisions of this act, and make and execute a bond, payable to the United States, in such penalty and with such security as the Secretary of the Interior shall require and approve. Receipt and discharge. And the receipt of the sum due under this act shall be a final discharge by each party so receiving of all claims whatsoever under said treaty against the United States Government. [March 3, 1881.] ** CHAPTER 133. March 3, 1881. 21 Stat. L., 435. Silver coin may be transported to applicants free of charge. AN ACT MAKING APPROPRIATIONS FOR SUNDRY CIVIL EXPENSES OF THE GOVERNMENT District judges holding courts outside Be it enacted, &c. [SECTION 1.] * SECTION 2. Secretary of Treasury may apply surplus money to purchase bonds. Par. 1.] That the Secretary of the Treasury be, and he is hereby, authorized and directed to transport free of charge silver coin when requested to do so: Provided, That an equal amount in coin or currency shall have been deposited in the Treasury by the applicant or applicants; District judges [Par. 2.] So much of section five hundred and ninety six of the Reholding courts out- vised Statutes as forbids the payment of the expenses of district judges not forbidden pay- while holding court outside of their districts is hereby repealed. side their districts ment of expenses. R. S., § 596. Secretary of SEC. 2. That the Secretary of the Treasury may at any time apply the Treasury may ap surplus money in the Treasury not otherwise appropriated, or so much ply surplus money thereof as he may consider proper, to the purchase or redemption of R. S., § 3697. United States bonds: Provided, That the bonds so purchased or redeemed shall constitute no part of the sinking fund, but shall be canceled. * [March 3, 1881.] CHAPTER 134. AN ACT MAKING APPROPRIATIONS TO PROVIDE FOR THE EXPENSES OF THE GOVERN- March 3, 1881. 21 Stat. L., 458. Be it enacted, &c. [SECTION 1.] of taxes to be [Par. 1.] The office of treasurer of the District of Columbia is hereby, In District Coabolished from and after the thirtieth day of June, eighteen hundred lumbia, collector and eighty-one, and the collector of taxes for said District shall, from treasurer. and after that date, collect all revenues of the District and deposit the amounts collected daily with the Treasurer of the United States. * [Par. 2.] That overseers or inspectors temporarily required in connec- overseers, &c., tion with sewer or street work done under contracts authorized by apof sewer and street work; how paid. propriations shall be paid out of the sum specially appropriated for the work, and for the time actually engaged thereon: And provided further, That overseers or inspectors required in connection with sewer or street work done under contracts authorized by appropriations shall also be paid out of the sum appropriated for the works. [Par. 3.] That the janitors of the principal school-buildings, in addi- duties of janition to their other duties, shall do all minor repairs to buildings and tors of schoolfurniture, glazing, fixing seats and desks, and shall be selected with buildings in. reference to their qualifications to perform this work. * bonds to pay cer 1880, June 16, ch. [Par. 4.] That the Treasurer of the United States, as ex-officio sink- United States ing-fund commissioner, is hereby authorized, whenever in his opinion it Treasurer may sell will be more advantageous for the interest of the District of Columbia tain judgments of to do so, to sell the bonds authorized to be issued under the provisions Court of Claims, of the sixth section of the act of the Congress of the United States &c. entitled "An act to provide for the settlement of all outstanding claims against the District of Columbia, and conferring jurisdiction on the Court of Claims to hear the same, and for other purposes," approved June sixteenth, eighteen hundred and eighty, for the satisfaction of the judgments which may be rendered by said Court of Claims under the provisions of said act, and pay the said judgments from the proceeds of said sales, instead of delivering to said judgment claimants the said bonds as provided for in said act: trict. And provided further, That hereafter the said Treasurer, as ex-officio may purchase sinking-fund commissioner as aforesaid, with the approval of the Secre- funded debt of Distary of the Treasury, is hereby authorized and empowered to purchase any of the funded indebtedness of said District of Columbia for the sinking-fund authorized to be created for the redemption and payment of the indebtedness of said District of Columbia, as in his opinion may be for the best interests of said District of Columbia. Annual estimates [Par. 5.] That hereafter it shall be the duty of the Commissioners to include in the annual estimates of the District of Columbia estimates of of District; how the expenses of the water department: made and trans- 180, § 3. And provided further, That the annual estimates of the District of Columbia shall be transmitted to Congress by the Commissioners of the District of Columbia at the same time that the regular annual estimates for expenses of the government are submitted by the Secretary of the Treasury and with his action on the same to be printed in the general book of estimates. SEC. 2. That all moneys appropriated by this act, together with all Moneys to be revenues of the District of Columbia from taxes or otherwise, shall be paid into United deposited in the Treasury of the United States as required by the pro- how drawn, &c. States Treasury; visions of section four of an act approved June eleventh, eighteen hundred and seventy-eight, and shall be drawn therefrom only on requisi. ch. 162, § 13. tion of the Commissioners of the District of Columbia (except that the 1878, June 11, ch. moneys appropriated for interest and the sinking fund shall be drawn 160, § 4. therefrom only on the requisition of the Treasurer of the United States), such requisition specifying the appropriation upon which the same is 1875, March 3, Requisitions. drawn; and in no case shall such appropriation be exceeded either in requisition or expenditure; and the accounts for all disbursements of the Commissioners of said District shall be made monthly to the accounting officers of the Treasury by the auditor of the District of Columbia, on vouchers certified by the Commissioners, as now required by law: Provided, That said Commissioners shall not make requisitions upon the appropriations from the Treasury of the United States for a larger amount during said fiscal year than they make on the appropriations arising from the revenues of said District, including one-half-of all gen. eral taxes paid in drawback certificates as required by the third section of the act approved June twenty-seventh, eighteen hundred and seventynine, entitled "An act fixing the rate of interest upon arrearages of general taxes and assessments for special improvements now due to the District of Columbia, and for a revision of assessments for special improvements, and for other purposes." [March 3, 1881.] CHAPTER 138. March 3, 1881. 21 Stat. L., 502. Registration of trade-marks. AN ACT TO AUTHORIZE THE REGISTRATION OF TRADE-MARKS AND PROTECT THE SAME. SECTION 1. Registration of trade-marks 2. Declaration under oath. 3. Registry and recording. Commissioner of Patents to decide on claims 4. Certificate of registry; how issued. - copies of, &c., to be evidence in suits. 5. Duration of protection. 6. Credit for fee previously paid. 7. Registration prima facie evidence of owner- Be it enacted, &c. SECTION -counterfeiting, &c.; how punished. -jurisdiction of courts. 8. Restriction upon actions for infringement. 9. Fraudulent trade-marks. 10. Former rights and remedies preserved. 11. Saving of rights after expiration of term for which registered. 12. Regulations for transfer of rights. 13. Trade-marks for foreign countries may be registered here. [SECTION 1], That owners of trade-marks used in commerce with foreign nations, or with the Indian tribes, provided such owners shall be R. S., 4937- domiciled in the United States, or located in any foreign country or 1876, Aug. 14, ch. tribes which by treaty, convention or law, affords similar privileges to citizens of the United States, may obtain registration of such trademarks by complying with the following requirements: 4947. 274. See proclamation of treaty with Brazil, p. 631. Declaration under oath. First. By causing to be recorded in the Patent Office a statement specifying name, domicile, location, and citizenship of the party apply. ing; the class of merchandise and the particular description of goods comprised in such class to which the particular trade-mark has been appropriated; a description of the trade-mark itself, with fac-similes thereof, and a statement of the mode in which the same is applied and affixed to goods, and the length of time during which the trade-mark has been used. Second. By paying into the Treasury of the United States the sum of twenty-five dollars, and complying with such regulations as may be prescribed by the Commissioner of Patents. SEC. 2. That the application prescribed in the foregoing section must, in order to create any right whatever in favor of the party filing it, be accompanied by a written declaration verified by the person, or by a member of a firm, or by an officer of a corporation applying, to the effect that such party has at the time a right to the use of the trade-mark sought to be registered, and that no other person, firm, or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as might be calculated to deceive; that such trademark is used in commerce with foreign nations or Indian tribes, as above indicated; and that the description and fac-similes presented for registry truly represent the trade-mark sought to be registered. SEC. 3. That the time of the receipt of any such application shall be Registry and renoted and recorded. But no alleged trade-mark shall be registered un- cording. less the same appear to be lawfully used as such by the applicant in foreign commerce or commerce with Indian tribes as above mentioned or is within the provision of a treaty, convention, or declaration with a foreign power; nor which is merely the name of the applicant; nor which is identical with a registered or known trade-mark owned by another and appropriate to the same class of merchandise, or which so nearly resembles some other person's lawful trade-mark as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers. In an application for registration the Commissioner of Patents shall decide the presumptive lawfulness of claim to the alleged trade-mark; and in any dispute between an applicant and a previous registrant, or between applicants, he shall follow, so far as the same may be applicable, the practice of courts of equity of the United States in analogous cases. Commissioner of Patents to decide on claims to trademarks. Certificates of sued. SEC. 4. That certificates of registry of trade-marks shall be issued in the name of the United States of America, under the seal of the Depart- registry; how isment of the Interior, and shall be signed by the Commissioner of Patents, and a record thereof, together with printed copies of the specifications, shall be kept in books for that purpose. suits. Duration of pro Copies of trade-marks and of statements and declarations filed there--copies of, &c., with and certificates of registry so signed and sealed shall be evidence to be evidence in in any suit in which such trade-marks shall be brought in controversy. SEC. 5. That a certificate of registry shall remain in force for thirty years from its date; except in cases where the trade-mark is claimed for tection, and renewand applied to articles not manufactured in this country, and in which it receives protection under the laws of a foreign country for a shorter period, in which case it shall cease to have any force in this country by virtue of this act at the time that such trade-mark ceases to be exclusive property elsewhere. At any time during the six months prior to the expiration of the term of thirty years such registration may be renewed on the same terms, and for a like period. al. Credit for fee SEC. 6. That applicants for registration under this act shall be credited for any fee, or part of a fee, heretofore paid into the Treasury of previously paid. the United States with intent to procure protection for the same trademark. SEC. 7. That registration of a trade-mark shall be prima facie evidence of ownership. Registration prima facie evidence of ownership. Any person who shall reproduce, counterfeit, copy or colorably imi-counterfeiting, tate any trade-mark registered under this act and affix the same to &c.; how punmerchandise of substantially the same descriptive properties as those ished. described in the registration, shall be liable to an action on the case for damages for the wrongful use of said trade-mark, at the suit of the owner thereof; and the party aggrieved shall also have his remedy according to the course of equity to enjoin the wrongful use of such trade-mark used in foreign commerce or commerce with Indian tribes, as aforesaid, and to recover compensation therefor in any court having jurisdiction over the person guilty of such wrongful act; Jurisdiction of And courts of the United States shall have original and appellate jurisdiction in such cases without regard to the amount in controversy. courts. SEC. 8. That no action or suit shall be maintained under the provis Restriction upon ions of this act in any case when the trade-mark is used in any unlawful actions for inbusiness, or upon any article injurious in itself, or which mark has been fringement. used with the design of deceiving the public in the purchase of merchandise, or under any certificate of registry fraudulently obtained. Fraudulent SEC. 9. That any person who shall procure the registry of a trademark, or of himself as the owner of a trade-mark or an entry respecting trade-marks. a trade-mark, in the office of the Commissioner of Patents, by a false or fraudulent representation or declaration, orally or in writing, or by Former rights served. any fraudulent means, shall be liable to pay any damages sustained in consequence thereof to the injured party, to be recovered in an action on the case SEC. 10. That nothing in this act shall prevent, lessen, impeach, or and remedies pre- avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this act had not been passed. ration of term. Saving as to SEC. 11. That nothing in this act shall be construed as unfavorably rights after expi- affecting a claim to a trade-mark after the term of registration shall have expired; nor to give cognizance to any court of the United States in an action or suit between citizens of the same State, unless the trademark in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe. Regulations for transfer of rights. Trade-marks for SEC. 12. That the Commissioner of Patents is authorized to make rules and regulations and prescribe forms for the transfer of the right to use trade-marks and for recording such transfers in his office. SEC. 13. That citizens and residents of this country wishing the proforeign countries tection of trade-marks in any foreign country, the laws of which require may be registered registration here as a condition precedent to getting such protection there, may register their trade-marks for that purpose as is above allowed to foreigners, and have certificate thereof from the Patent Office. [March 3, 1881.] here. March 3, 1881. 21 Stat. L., 504. Preamble. Court of Claims claims. Treaties. 234, 333. CHAPTER 139. AN ACT FOR THE ASCERTAINMENT OF THE AMOUNT DUE THE CHOCTAW NATION. SECTION Preamble. 1. Court of Claims to have jurisdiction of Choc- SECTION Right of appeal. 2. Action; how commenced. Whereas, the Choctaw Nation, for itself and in behalf of individual members thereof, makes claim against the United States on account of various treaty provisions which it is alleged have not been complied with: Therefore, Be it enacted, &c. [SECTION 1], That the Court of Claims is hereby authorized to take to have jurisdic- jurisdiction of and try all questions of difference arising out of treaty tion of Choctaw stipulations with the Choctaw Nation, and to render judgment thereon; power is hereby granted the said court to review the entire question of 7 Stat. L., 210, differences de novo, and it shall not be estopped by any action had or award made by the Senate of the United States in pursuance of the 11 Stat. L., 611. treaty of eighteen hundred and fifty-five; and the Attorney-General is 14 Stat. L., 769. hereby directed to appear in behalf of the government; and if said court shall decide against the United States the Attorney-General shall, within thirty days from the rendition of judgment, appeal the cause to the Supreme Court of the United States; and from any judg ment that may be rendered, the said Choctaw Nation may also appeal to said Supreme Court: Right of appeal. Action; how commenced. Provided, The appeal of said Choctaw Nation shall be taken within sixty days after the rendition of said judgment, and the said courts shall give such cause precedence. SEC. 2. Said action shall be commenced by a petition stating the facts on which said nation claims to recover and the amount of its claim; and said petition may be verified by either of the authorized delegates of said nation as to the existence of such facts, and no other statements need be contained in said petition or verification. [March 3, 1881.] |