[Par. 2.] Provided, That hereafter the Secretary of the Treasury may appoint inspectors of customs at a compensation less than three dollars per day when, in his judgment, the public service will permit. * Secretary of Treasury may ap point inspectors of customs at less than $3 a day. R. S., § 2605. Census of Miami Indians in Indiana, 1879, March 3, &c. SEC. 3. [Appropriates $221,257.86 for the Miami Indians.] SEC. 4. That the Secretary of the Interior shall appoint a competent and proper person to take a census and make a list of the Miami Indians residing in Indiana, or elsewhere, who are entitled to participate in the distribution of said principal sum, as provided by article four of the treaty that was made between the United States and the Miami Indians on the fifth day of June, eighteen hundred and fifty four, as L., 1093). amended in the Senate. Before taking such census, publication shall be made requiring all persons claiming under said treaty to make known their claim to such person so appointed, within a time specified in the notice, and failing so to do, they shall be forever barred. Treaty (10 Stat. List to distin When said census shall be so inade, it shall be the duty of the person so appointed to make such enumeration and list to report the same to guish males and the Secretary of the Interior, distinguishing in his report between males females, &c. and females, and between those over twenty-one years of age and those under twenty-one years, which list so made, when approved by the Secretary of the Interior, shall stand as the true list of the persons entitled to share in the payments provided for in this act; Payments to In And each person named in said list shall be entitled to receive the same amount, irrespective of age or sex, payments for minors to be paid dians from funds, to the guardians legally appointed, as hereinafter provided, under the laws of the State or Territory in which said minors reside: Provided, however, That any minor who may be a resident of the Indian Territory and a beneficiary of said fund may receive his or her share thereof, as the case may be, through a guardian appointed by any court having probate jurisdiction in the State of Kansas. The person appointed to make such enumeration and list shall, before entering on such duty, take and subscribe an oath that he will make a true and correct enumeration and report of said Indians according to the best information he can obtain, said oath to be administered and certified to by a United States commissioner or a clerk of a court of record; And he shall receive as his compensation therefor the sum of five dollars per day and his actual and necessary traveling and other expenses while en gaged in said duty, not to exceed four hundred dollars: of &c. - to minors. Enumerator to take oath. of. compensation List of benefi Provided, That no persons other than those embraced in the corrected list agreed upon by the Miami Indians of Indiana, in the presence ciaries. the Commissioner of Indian Affairs, in June, eighteen hundred and fiftyfour, comprising three hundred and two names as Miami Indians of Indiana, and the increase of families of persons indicated in said corrected list, shall be recipients of the money hereby appropriated. Agent to make SEC. 5. That the Secretary of the Interior shall appoint some suitable person as an agent of the United States to make payment to each of said payments. Miami Indians who shall be more than twenty-one years of age whose name shall be borne on the list prepared as aforesaid the amount that he or she, as the case may be, shall be entitled to receive; Guardians of And he, in like manner, shall pay to the guardian of each minor whose name shall appear on said list the amount that said minor shall be en- minors. titled to receive: Provided, however, That no payment shall be made to any guardian as such until he produce and deliver to the agent from whom he shall receive such payment the certificate of the judge of the court, attested by the seal of the same, certifying that such guardian has been duly appointed and qualified as such, and given bond, secured by unincumbered freehold surety, in the penalty of not less than three times the amount he shall receive from the United States on account of the payment so to be made for the benefit of said ward, which certificate shall be filed by said agent at the time of making of his report and final settlement. A copy of said list so prepared as aforesaid shall be fur 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.] March 3, 1881. 21 Stat. L., 435. Silver coin may be transported to applicants free of charge. District judges CHAPTER 133. AN ACT MAKING APPROPRIATIONS FOR SUNDRY CIVIL EXPENSES OF THE GOVERNMENT 1. Par. 1. Silver coin may be transported to ap- 2. Secretary of Treasury may apply surplus Par. 2. District judges holding courts outside their district not forbidden payment of expenses. Be it enacted, &c. [SECTION 1.] [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; * [Par. 2.] So much of section five hundred and ninety six of the Reholding courts outside their districts 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. 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 to purchase bonds. 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. 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 ap- of sewer and street propriations shall be paid out of the sum specially appropriated for the work; how paid. 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. [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 bonds to pay certain 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 1880, June 16, ch. against the District of Columbia, and conferring jurisdiction on the 243, § 6. 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: may purchase trict. And provided further, That hereafter the said Treasurer, as ex-officio 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. [Par. 5.] That hereafter it shall be the duty of the Commissioners to Annual estimates include in the annual estimates of the District of Columbia estimates of of District; how Imade and transthe expenses of the water department: mitted. 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. R. S., § 3669. 180, § 3. 1875, March 3, 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 180, § 4. therefrom only on the requisition of the Treasurer of the United States), such requisition specifying the appropriation upon which the same is 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. 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; Patents to decide on claims to tradeand in any dispute between an applicant and a previous registrant, or marks. 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 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 |