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of plates, etc.
« Third. In the case of a lecture, sermon, or address,
Lectures, fifty dollars for every infringing delivery; Fourth. In the case of a dramatic or dramatico-mu
etc., composi." sical or a choral or orchestral composition, one hundred tions. dollars for the first and fifty dollars for every subsequent infringing performance; in the case of other musical compositions ten dollars for every infringing performance; “(c) To deliver up on oath, to be impounded during Delivery of
infringing arthe pendency of the action, upon such terms and condi- ticle. tions as the court may prescribe, all articles alleged to infringe a copyright;
“(d) To deliver up on oath for destruction all the Destruction infringing copies or devices, as well as all plates, molds, matrices, or other means for making such infringing copies as the court may order.
*(e) Whenever the owner of a musical copyright has Use of me used or permitted the use of the copyrighted work upon production of the parts of musical instruments serving to reproduce musical works. mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical musicproducing machines adapted to reproduce the copy
Royalty. righted music, no criminal action shall be brought, but in a civil action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be entitled to recover in lieu of profits and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copy- tention to use. righted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this Act, he shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, in addition to sums hereinabove mentioned, award the complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way of damages, and not as a penalty, and also a temporary injunction until the full award is paid.
“Rules and regulations for practice and procedure Rules, etc., under this section shall be prescribed by the Supreme
of procedure. Court of the United States."
Aug. 24, 1912.
CHAP. 389.-An Act Making appropriations for the service of [H. R. 21279.) the Post Office Department for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and thirteen, and for other purposes.
336.) 37 Stat. L., pt. 1, p. 539. Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, Postal serv- That the following sums be, and they are hereby, approise appropria- priated for the service of the Post Office Department, in
conformity with the Act of July second, eighteen hun-
Mail bags, etc.
For mail bags, metal for mail-bag attachments, cord fasteners, label cases, and material necessary for manufacture and repairing of equipment, and for incidental expenses pertaining thereto, two hundred and eighty-two
thousand dollars: Provided, That out of this appropria-
manufacture in the mail-bag repair shop of such small
Restriction on size,
Fourth-class SEC. 8. That hereafter fourth-class mail matter shall mail. Matter em- embrace all other matter, including farm and factory
products, not now embraced by law in either the first,
second, or third class, not exceeding eleven pounds in weight, etc.
weight, nor greater in size than seventy-two inches in
transportation and delivery. Postal zones
That for the purposes of this section the United States established for and its several Territories and possessions, excepting the transmission,
Philippine Islands, shall be divided into units of area
of eight postal zones, as follows: First zone.
The first zone shall include all territory within such quadrangle, in conjunction with every contiguous quadrangle, represeting an area having a mean radial distance
of approximately fifty miles from the center of any given unit of area.
The second zone shall include all units of area outside the first zone lying in whole or in part within a radius of approximately one hundred and fifty miles from the center of a given unit of area.
The third zone shall include all units of area outside Third zone. the second zone lying in whole or in part within a radius of approximately three hundred miles from the center of a given unit of area. The fourth zone shall include all units of area outside
Fourth zone. the third zone lying in whole or in part within a radius of approximately six hundred miles from the center of a given unit of area.
The fifth zone shall include all units of area outside the fourth zone lying in whole or in part within a radius of approximately one thousand miles from the center of a given unit of area.
The sixth zone shall include all units of area outside the fifth zone lying in whole or in part within a radius of approximately one thousand four hundred miles from the oenter of a given unit of area.
The seventh zone shall include all units of area outside Seventh zone. the sixth zone lying in whole or in part within a radius of approximately one thousand eight hundred miles from the center of a given unit of area.
The eighth zone shall include all units of area outside Eighth zone. the seventh zone. That the rate of postage on fourth-class matter weigh-Rate of
postage. ing not more than four ounces shall be one cent for each ounce or fraction of an ounce; and on such matter in excess of four ounces in weight the rate shall be by the pound, as hereinafter provided, the postage in all cases to be prepaid by distinctive postage stamps affixed.
That except as provided in the next preceding para-ra peelivery graph postage on matter of the fourth class shall be prepaid at the following rates: On all matter mailed at the post office from which a
local delivery. rural route starts, for delivery on such route, or mailed at any point on such route for delivery at any other point thereon, or at the office from which the route starts, or on any rural route starting therefrom, and on all matter mailed at a city carrier office, or at any point within its delivery limits, for delivery by carriers from that office, or at any office for local delivery, five cents for the first pound or fraction of a pound and one cent for each additional pound or fraction of a pound.
For delivery within the first zone, except as provided, In Arst in the next preceding paragraph, five cents for the first pound or fraction of a pound and three cents for each additional pound or fraction of a pound.
For delivery within the second zone, six cents for the first pound or fraction of a pound and four cents for each additional pound or fraction of a pound.
For rural or
In second zone.
In third zone.
In fourth zone.
In fifth zone.
In sixth zone,
In seventh zone.
For delivery within the third zone, seven cents for the first pound or fraction of a pound and five cents for each additional pound or fraction of a pound.
For delivery within the fourth zone, eight cents for the first pound or fraction of a pound and six cents for each additional pound or fraction of a pound.
For delivery within the fifth zone, nine cents for the first pound or fraction of a pound and seven cents for each additional pound or fraction of a pound.
For delivery within the sixth zone, ten cents for the first pound or fraction of a pound and nine cents for each additional pound or fraction of a pound.
For delivery within the seventh zone, eleven cents for the first pound or fraction of a pound and ten cents for
each additional pound or fraction of a pound. In eighth For delivery within the eighth zone and between the Formes pepindeshe Philippine Islands and any portion of the United States,
including the District of Columbia and the several Territories and possessions, twelve cents for the first pound or fraction of a pound and twelve cents for each addi
tional pound or fraction of a pound. Special That the Postmaster General shall provide such special equipment, stamps, etc.
equipment, maps, stamps, directories, and printed instructions as may be necessary for the administration of
this section; and for the purposes of this section, and to Supplemen
supplement existing appropriations, including the hiring priation from of teams and drivers, there is hereby appropriated, out of the Treasury.
any money in the Treasury not otherwise appropriated,
the sum of seven hundred and fifty thousand dollars. Readjust- The classification of articles mailable as well as the fication, rates, weight limit, the rates of postage, zone or zones and other etc., hereafter. conditions of mailability under this Act, if the Post
master General shall find on experience that they or any of them are such as to prevent the shipment of articles desirable, or to permanently render the cost of the service
greater than the receipts of the revenue therefrom, he is Consent of hereby authorized, subject to the consent of the Inter
state Commerce Commission after investigation, to reCommission.
form from time to time such classification, weight limit, rates, zone or zones or conditions, or either, in order to promote the service to the public or to insure the receipt of revenue from such service adequate to pay the cost
thereof. Payment for The Postmaster General shall make provision by regulost, etc., arti
lation for the indemnification of shippers, for shipment on delivery" for injured or lost, by insurance or otherwise, and, when deshippers. sired, for the collection on delivery of the postage and
price of the article shipped, fixing such charges as may be necessary to pay the cost of such additional services.
The Postmaster General may readjust the compensa
tion of star route and screen wagon contractors if it dag for in. should appear that as a result of the parcel post system
the weight of the mails handled by them has been maweights.
Accounts to terially increased. Before such readjustment, however, a determine.
ment of classi
Star route and wagon service contractors.
In effect January 1,
detailed account must be kept as to the amount of business handled by such star route or screen wagon contractors before and after this section becomes effective for such a period as to clearly demonstrate the amount of the increase and that such increase in the weight of the mails was due to the adoption of the parcel post system.
That the establishment of zones and postage rates of this section shall go into effect January first, nineteen 1913. hundred and thirteen.
That this Act shall not in any way affect the postage seeds, etc., not rate on seeds, cuttings, bulbs, roots, scions, and plants, as affected. fixed by section 482 of the Postal Laws and Regulations.
That for the purpose of a further inquiry into the sub-Joint conject of the general parcel post and all related subjects a committee on joint committee of six persons (Members of Congress), generalt parcel three of whom shall be appointed by the President of the stituted. Senate, and three by the Speaker of the House of Representatives, is constituted, with full power to appoint clerks, stenographers, and experts to assist them in this work. That the Postmaster General and the Interstate Commerce Commission shall furnish such data and otherwise render such assistance to the said committee as may be desired or available. For the purpose of defraying the appropriaexpenses of this committee the sum of twenty-five thousand dollars is hereby appropriated out of the moneys in the Treasury. the Treasury not otherwise appropriated. The commit- Report. tee shall report fully to Congress at the earliest date possible. That all laws and parts of laws in conflict with the Conflicting
laws repealed. provisions of this section are hereby repealed.
tion for expenses from
CHAP. 408.-An Act Making appropriations to supply defi- Aug. 26, 1912. cies in appropriations for the fiscal year nineteen hundred and (H. R. 25970.) twelve and for prior years, and for other purposes.
340.] Be it enacted by the Senate and House of Representa- 37 Stat. L., tives of the United States of America in Congress assem- pt. 1, p. 595. bled, That the following sums are appropriated, out of Deficiencies
appropriaany money in the Treasury not otherwise appropriated, tions. to supply deficiencies in appropriations for the fiscal year nineteen hundred and twelve and for prior years, and for other purposes, namely:
For pay of bailiffs and criers, not exceeding three bail- Bailiffs, etc. iffs and one crier in each court, except in the southern dis