third section of an act entitled "An act making appropriations for completing the defenses of Washington, and for other purposes," approved February 13th, 1862, and every seaman, marine, and officer who has served in the navy of the United States, or in the marine corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, shall, on compliance with the provisions of an act entitled "An act to secure homesteads to actual settlers on the public domain, and the acts amendatory thereof, as hereinafter modified, be entitled to enter upon and receive patents for a quantity of public lands (not mineral) not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form according to legal subdivision, including the alternate reserved section of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States: Provided, the said homestead settler shall be allowed six months after locating his homestead within which to commence his settlement and improvements: And provided also, the time which the homestead settler shall have served in the army, navy, or marine corps aforesaid shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received, or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served: Provided, however, that no patent shall issue to any homestead settler who has not resided upon, improved and cultivated his said homestead for a period of at least one year after he shall commence his improvements as aforesaid.

SECTION 2. That any person entitled under the provisions of the foregoing section to enter a homestead, who may have heretofore entered under the Homestead law a quantity of land less than one hundred and sixty acres, shall be permitted to enter under the provisions of this act so much land as, when

added to the quantity previously entered, shall not exceed one hundred and sixty acres.

SECTION 3. That in the case of the death of any person who would be entitled to a homestead under the provisions of the first section of this act, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly approved and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this act, subject to all the provisions as to settlement and improvements therein contained: Provided, that if such person died during his term of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect the title.

SECTION 4. That where a party, at the date of his entry of a tract of land under the Homestead laws, or subsequently thereto, was actually enlisted and employed in the army or navy of the United States, his services therein shall, in the administration of said Homestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered: Provided, that if his entry has been canceled by reason of his absence from said tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored and confirmed: And provided further, that if such tract has been disposed of, said party may enter another tract subject to the entry under said laws, and his right to a patent therefor shall be determined by the proofs touching his residence and culti vation of the first tract and his absence therefrom in such service.

SECTION 5. That any soldier, sailor, marine, officer, or other person coming within the provisions of this act may, as well BY AN AGENT as in person, enter upon said homestead: Provided, that the said claimant in person shall, within the time prescribed [SIX MONTHS FROM DATE OF ENTRY] commence settlement and improvement on the same, and thereafter fulfill all the requirements of this act.

SECTION 6. That the commissioner of the General Land Office shall have authority to make all needful rules and regulations to carry into effect the provisions of this act."

CHAPTER XXXIV.

PATENTS.

1. These originated in the desire of the founders of the government to encourage invention, in the belief that the general welfare of the country would be promoted by such a stimulus to genius, and the power to grant patents was expressly bestowed on Congress. That this was a very wise forethought there is no doubt. The hope of reward has given birth to innumerable inventions, among which some have been of incalculable value to the country, increasing its wealth almost beyond our power to estimate. It is, however, worth considering if there may not be a limit to the usefulness of the system, in its present form, in the changed conditions of the country. It is often the case that what accomplished the greatest good in its proper day, is at length outgrown, and becomes an embarrassment, requiring to be either essentially modified or laid aside.

2. A patent right is an exclusive right, granted by an officer denominated the Commissioner of Patents, in conformity to law, to the inventor or discoverer of any new and useful article. The exclusive right is conferred by acts of Congress, on compliance of the inventor with certain conditions which are clearly specified in the law. The evidence that such exclusive right has been conferred on any individual, is contained in a document, called "letters patent," issued at the patent office in Washington; signed by the Secretary of the Interior, (formerly by the Secretary of State), countersigned by the Com

missioner of Patents, and sealed with the seal of his office. Thus protected, he alone can make, use and sell the article he has invented, for the term of fourteen years; and upon showing a good reason therefor, the commissioner will extend the term seven years longer, or Congress will pass a special act for that purpose.

3. This was the law up to 1861; and is still in force as to patents granted anterior to that date. But a new act was then passed, extending the term of an original patent to seventeen, instead of fourteen years, and prohibiting any extension of such patents.

An inventor, before he can obtain a patent, must swear that he believes he is the inventor or discoverer of the art, machine, or improvement, for which he solicits a patent. He must also give in writing a clear, minute description of it; and, when necessary, must make and deliver a model of his invention; which in all cases must be something new, unused and unknown before, or his application will be rejected. There is considerable expense attending the procurement of a patent right.

4. But when obtained, no person except the patentee, has any right to make, sell, or use the article patented, until the time has expired for which this exclusive right was granted, without the permission of the patentee. Any person doing so is liable to a heavy penalty, and may be prosecuted in the Circuit Court of the United States; this court having original jurisdiction in all cases arising under the patent laws. But a writ of error or an appeal lies to the Supreme Court of the United States.

5. The Patent Office, when first established, was a bureau of the State Department, and the Commissioner of Patents acted under the direction of the Secretary of State. But after the creation of the Department of the Interior, in 1849, it was transferred to it, became a bureau of the new department, and the commissioner now acts under the general direction of its secretary.

THE COMMISSIONER OF PATENTS

6. 1s appointed by the President and Senate. His duties. are best explained in the language of the law itself, which, in speaking of the creation and appointment of this official, says that his duties shall be "to superintend, execute and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed."

He has the charge and custody of all books, records, papers, models, machines, and all other things belonging to the patent office; and has the privilege of sending and receiving letters and packages by mail, relating to the business of the office, free of postage. He has the power to appoint his clerks, examiners and subordinates; among whom are patent office agents, who may be appointed in not more than twenty of the princi pal cities and towns in the United States. It is their duty to forward to the patent office all such models, specimens and manufactures, as shall be intended to be patented.

7. In cases of appeal from the decision of the commissioner, the appeal may be made to the board of examiners, or to the Chief Justice of the District Court of the United States for the District of Columbia. There is a seal for the patent office, which the commissioner keeps, and which he must affix to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places.

He is also authorized to publish a classified and alphabetical ist of all patents issued at the patent office. This he fre quently does, for the information of the public.