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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.

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[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 applica ble, 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.

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.

suits.

al.

SEC. 5. That a certificate of registry shall remain in force for thirty Duration of proyears 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.

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;

Restriction upon

And courts of the United States shall have original and appellate Jurisdiction of 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 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.

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 ration of term. 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. 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.

Regulations for transfer of rights.

Trade-marks for

here.

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.]

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-
taw claims.

SECTION

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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.]

CHAPTER 140.

AN ACT TO AMEND SECTION TWENTY-THREE HUNDRED AND TWENTY-SIX OF THE RE-
VISED STATUTES RELATING TO SUITS AT LAW AFFECTING THE TITLE TO MINING
CLAIMS.

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Be it enacted, &c., That if, in any action brought pursuant to section twenty-three hundred and twenty-six of the Revised Statutes, title to the ground in controversy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land-office or be entitled to a patent for the ground in controversy until he shall have perfected his title [March 3, 1881.]

March 3, 1881.

21 Stat. L., 505.

Controversies in

mining claims;
jury to find fact as
to title, &c.
R. S., § 2326.

No costs allowed.

CHAPTER 141.

AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO ENCOURAGE THE ESTABLISHMENT
OF PUBLIC MARINE SCHOOLS", APPROVED JUNE TWENTIETH, EIGHTEEN HUNDRED
AND SEVENTY-FOUR, SO AS TO EXTEND IT TO THE PORTS OF WILMINGTON,
CHARLESTON, SAVANNAH, MOBILE, NEW ORLEANS, BATON ROUGE, GALVESTON,
AND IN NARRAGANSETT BAY.

March 3, 1881.

21 Stat. L., 505.

Vessels for pub

at additional ports

Vessels for marine schools at additional ports to be furnished by Secretary of Navy. Be it enacted, &c., That the act entitled "An act to encourage the establishment of public marine schools", approved June twentieth, eight. lic marine schools een hundred and seventy-four, be, and the same is, amended so that it to be furnished by shall extend to the ports of Wilmington, Charleston, Savannah, Mobile, Secretary of Navy. New Orleans, Baton Rouge, Galveston, and in Narragansett Bay. [March 3, 1881.]

R. S., 417.

1874, June 20, ch. 339.

CHAPTER 142.

AN ACT TO AUTHORIZE THE SECRETARY OF THE TREASURY TO SELL CERTAIN REAL
ESTATE BELONGING TO THE UNITED STATES, AND VESTING THE TITLE TO CER-
TAIN OTHER LANDS IN THE CITY OF VINCENNES, IN THE STATE OF INDIANA, AND
FOR OTHER PURPOSES.

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March 3, 1881.

21 Stat. L., 505.

Preamble.

Sale of govern

Whereas, the United States heretofore through the intervention of trustees acquired title for debt to certain real estate situate in and near the city of Vincennes, in the county of Knox, and State of Indiana, described as fol- ment lands in Vinlows: The southeast half of lot number one and the whole of lot number cennes, Ind.

eight in Harrison's addition to the borough, now city, of Vincennes, and also survey number five in upper prairie surveys, in township three north, range ten west, containing eighty-two acres and eighty-one hundredths of an acre, known as the "Steam Mill Tract", and situate in Knox County, Indiana; and

Whereas the said eighty-two and eighty-one hundredths acre tract of land consists of a strip of about twenty-six rods in width commencing on the Wabash River, thence running in a southerly direction through said city of Vincennes and far beyond its limits; that said city has been built up on both sides of said land and its streets abut thereon, said city not having the legal right to lay out and improve her streets through the same; in consequence whereof that part of said city through which said land is located has been greatly hindered and obstructed in its growth; and

Whereas said city is in great need of a public park, and as the portion

Survey to be made.

Sale of land.

of said survey which lies between the northern line of the extension of Fourth street through said land, and the Wabash River, can be improved and made suitable for such public park: Therefore,

Be it enacted, &c.

[SECTION 1], That the Secretary of the Treasury shall, as soon practicable, after the passage of this act, cause a survey to be made extending said Fourth street of said city of Vincennes through said survey or tract of land, and shall establish the boundaries thereof on said land. And he shall then cause a survey to be made of all that part of said survey or land which lies between the southern boundary of said Fourth street, established as aforesaid, and the southern boundary or limit of said city; except so much thereof as is now occupied by the Ohio and Mississippi Railway Company, the Evansville and Terre Haute, and the Indianapolis and Vincennes Railroad Companies, with their respective road-beds and tracks, and shall cause the same to be laid off into streets, alleys, blocks, and lots, so as to conform to the streets, alleys, blocks, and lots of said city as near as practicable; and shall cause a plat of said streets, alleys, blocks, and lots to be made, and cause a duly certified copy of the same to be filed in the office of the clerk of said city, and cause the same to be appraised at its fair cash value.

And he shall cause that part of said survey or land lying south of the southern boundary or limits of said city to be laid off into five acre lots as near as may be; and after giving three weeks' notice of the time, place, and terms of sale in the public newspapers, one of which shall be published in said city, he shall on the premises, offer each of said lots, including said five acre lots and the southeast half of lot number one and the whole of lot number eight in said Harrison's addition to said city, for sale separately at public auction, and shall sell the same to the highest and best bidder for cash, at not less than the appraised value; and he shall on payment of the purchase-money, execute to the purchasers all needful conveyances for the same, and after deducting all the necessary expenses incurred in making said surveys and sales the remainder of the proceeds shall be covered into the Treasury.

Land for public SEC. 2. That the title to all that part of said survey number five which park in city of lies between the northern boundary of said Fourth street and the Wabash Vincennes. River is hereby vested in the city of Vincennes for a public park, to be used for that purpose and none other. [March 3, 1881.]

March 3, 1881.

21 Stat. L., 506.

CHAPTER 143.

AN ACT TO AMEND CHAPTER ONE HUNDRED AND NINETY-EIGHT, VOLUME SIXTEEN,
OF THE STATUTES AT LARGE.

Lands of Fort Ridgely reservation to be open to homestead and timber-culture entry, &c.

Lands of Fort Be it enacted, &c., That chapter one hundred and ninety eight, volume Ridgely reservation to be open to sixteen, of the Statutes at Large, being an act for the disposal of the homestead and lands within the Fort Ridgely military reservation, Minnesota, be amendtimber-culture en- ed by adding thereto a new section:

try, &c.

"SEC. 4. All lands within the limits of the said reservation and not

1870, ch. 198 (16 embracing any government improvements, shall be open to homestead settlement and timber-culture entry as other public lands in Minnesota from and after the passage of this act:

Stat. L., 187).
R. S., $2289-
2317, 2464.

1876, May 20, ch. 102.

18:8, June 14, ch.

190.

Provided, That all persons now residing on any of said lands, or who have filed on any of the lands of said reservation as bona fide settlers, shall have sixty days from and after the passage of this act to refile on the same tract as homestead or tree culture entry, and shall have a preference over all other persons as to the tracts so settled on by them.

And all persons who were allowed to preempt any of said lands, and who have paid for the same at the rate of one dollar and twenty-five cents per acre shall be entitled to a patent for the same." [March 3, 1881.]

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