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said acts, but the same shall remain in force; and all Acts of Congress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment.
SEC. 5600. The arrangement and classification of the several sections of the revision have been made for the purpose of a more convenient and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the Title, under which any particular section is placed.
Acts passed since December 1, 1873, not affected. SEC, 5601. The enactment of the said revision is not to affect or repeal any act of Congress passed since the first day of December, one thousand eight hundred and seventythree, and all acts passed since that date are to have full effect as if passed after the enactment of this revision, and so far as such acts vary from, or conflict with any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith.
“In U. S. vs. Bowen, (100 U. S., 513,) we held that the Revised Statutes must be treated as a legislative declaration of what the statute law of the United States was on the first of December. 1873, and that when the meaning was plain, the courts could not look to the original statutes to see if Congress had erred in the revision. That could only be done when it was necessary to construe doubtful language. We applied this rule in Arthur vs. Dodge, (101 U. S., 36,) to the construction of the revision of the Tariff Law's (T. D. 4812, citing in extenso l'ictor et al vs. Arthur.)
ACT OF MARCH 24, 1874.
(U.S. Statutes, Vol. 18, page 24.)
An Act to establish bonded warehouses for storing and cleansing
of Rice intended for Exportation.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That from and after the passage of this act importers' bonded warehouses, to be used for the storage and cleansing of imported rice intended for exportation to foreign countries, may be established at any port of entry in the United States, under such rules and regulations as the Secretary of the Treasury may prescribe. (See SS 2954.
$$ 2961, 2971 R. S., supra.)
Special Regulations, T. D. 1970.
ACT OF JUNE 18, 1974.
(U. S. Statutes, Vol. 18, page 78.)
An Act to amend the law relating to Patents, Trade-Marks and
in the year
No right of action for infringement of Copyright unless, etc.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall maintain an action for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some visible portion thereof, or of the substance on which the same shall be mounted, the following words, viz: “Entered according to act of Congress,
by A. B., in the office of the Librarian of Congress, at Washington;" or, at his option the word "Copyright,"' together with the year the copyright was entered, and the name of the party by whom it was taken out; thus-"Copyright, 18 -, by A. B," (See $4962, Rei'ised Statutes (supra), Act August 1, 1882 (post). Fee for recording and certifying assignments of Copyrights.
SEC. 2. That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States. (See $S4952, 4958, 1962,
, Revised Statutes, supra.) Restrictions on application of words Engravings," “Cut,"
and “Print." Sec. 3. That in the construction of this act, the words “Engravings,'' "cut” and “print” shall be applied only to pictorial illustrations or works connected with the fine
arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording the title of any print or label not a trade-mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the
Repeal of inconsistent laws. SEC. t. That all laws and parts of laws inconsistent with the foregoing provisions be and the same are hereby repealed.
When act takes effect. SEC. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four.
ACT OF JUNE 22, 1874.
(I'. S. Statutes, Vol. 18, page 186.)
An Act to amend the custom-revenue laws and to repeal moieties. Repeal Provisions-Fines, penalties and forfeitures to be
paid into Treasury. Be it cnacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the thirty-ninth section of the act entitled “ An act further to prevent smuggling, and for other purposes,' approved July eighteenth, eighteen hundred and sixty-six; and the second section of the act entitled “An act to regulate the disposition of the proceeds of fines, penalties, and forfeitures incurred under the laws relating to the customs, and for other purposes," approved March second, eighteen hundred and sixty-seven, be, and the same are hereby, repealed.
SEC. 2. That all provisions of law under which moieties of any fines, penalties, or forfeitures, under the customsrevenue laws, or any share therein, or commission thereon, are paid to informers, or officers of customs, or other officers of the United States, are hereby repealed; and from and after the date of the passage of this act the proceeds of all such fines, penalties, and forfeitures shall be paid into the Treasury of the United States.
Sec. 3. Prescribes certain duty of the Secretary of the Treasury.
Smuggling-compensation for seizing or informing. SEC. f. That whenever any officer of the customs or other person shall detect and seize goods, wares, or merchandise, in the act of being smuggled, or which have been smuggled, he shall be entitled to such compensation therefor as the Secretary of the Treasury shall award, not exceeding in amount one-half of the net proceeds, if any, resulting from such seizure, after deducting all duties, costs, and charges connected
, , therewith: Provided, That for the purposes of this act smuggling shall be construed to mean the act, with intent to defraud, of bringing into the United States, or, with like intent, attempting to bring into the United States, dutiable articles without passing the same, or the package containing the same, through the custom house, or submitting them to the officers of the revenue for examination. And whenever any person not an officer of the United Scates shall furnish to a district attorney, or to any chief officer of the customs, original information concerning any fraud upon the customs-revenue, perpetrated or contemplated, which shall lead to the recovery of any duties withheld, or of any fine, penalty, or forfeiture incurred, whether by importers or their agents, or by any officer or person employed in the customs service, such compensation may, on such recovery, be paid to such person so furnishing information as shall be just and reasonable, not exceeding in any case the sum of five thousand dollars; which compensation shall be paid, under the direction of the Secretary of the Treasury, out of any money appropriated for that purpose.
1. The term “Chief Officer of the Customs'' is the collector or officer acting as such, and the informer should convey the information directly to that officer, unless as otherwise provided for by T. D. 14597, and in some cases where the information is given to an inferior officer, it may be treated as having been given to the chief officer of the customs (T. D. 14988.)
2. As to certain persons not considered officers of the United States under this statute, see T. D. 14881.
3. The fact that an article is patented in this country does not exempt it from the laws against smuggling, and must be sold same as other seized goods (T. D. 15366).
Special Regulations, T. D. 14005.
Productions of Books, &c., in Suit. SEC. 5. That in all suits and proceedings other than criminal arising under any of the revenue-laws of the United States, the attorney representing the Government, whenever, in his belief, any business-book, invoice, or paper, belonging to or under the control of the defendant or claimant, will tend to prove any allegation made by the United States, may make a written motion, particularly describing such book, invoice, or paper, and setting forth the allegation which he expects to prove; and thereupon the court in which suit or proceeding is pending may, at its discretion, issue a notice to the defendant or claimant to produce such book, invoice, or paper in court, at a day and hour to be specified in said notice, which, together with a copy of said motion, shall be served formally on the defendant or claimant by the United States marshal by delivering to him a certified copy thereof, or otherwise serving the same as original notices of suit in the same court are served; and if the defendant or claimant shall fail or refuse to produce such book, invoice, or paper in obedience to such notice, the allegations stated in the said motion shall be taken as confessed unless his failure or refusal to produce the same shall be explained to the satisfaction of the court. And if produced, the said attorney shall be permitted, under the direction of the court, to make examination (at which examination the defendant or claimant, or his agent, may be present) of such entries in said book, invoice, or paper as relate to or tend to prove the allegation aforesaid, and may offer the same in evidence on behalf of the United States. But the owner of said books and papers, his agent or attorney, shall have, subject to the order of the court, the custody of them, except pending their examination in court as aforesaid. Claim of informer to be certified where judicial proceedings
instituted. SEC. 6. That no payment shall be made to any person furnishing information in any case wherein judicial proceedings shall have been instituted, unless his claim to compensation shall have been established to the satisfaction of the court or judge having cognizance of such proceedings, and the value of his services duly certified by said court or judge for the information of the Secretary of the Treasury; but no certificate of the value of such services shall be conclusive of the amount thereof. And when any fine, penalty, or forfeiture shall be collected without judicial proceedings, the Secretary of the Treasury shall, before directing payment to any person claiming such compensation, require satisfactory proof that such person is justly entitled thereto.