Transfer of ap ror from district trict court rendered party, so as to render it improper for him to sit on the trial of such suit or action, it shall be his duty to cause the fact to be entered on the records of the court; also an order that an authenticated copy thereof, and a copy of all the proceedings, orders, pleadings and papers in such suit or action, shall be forthwith certified to the most convenient district court free from like objection; which said district court, upon such record being filed with the clerk thereof, shall take cognizance thereof, in the like manner as if such suit or action had been originally commenced in said court, and shall proceed to hear and determine the same accordingly. And the jurisdiction of such district court shall extend to all such cases so removed as were cognizable in the district court from which the same were removed. SEC. 2. When any appeal or writ of error was pending in any of the peal or writ of er late circuit courts of the United States, from any of the late district courts of the United States, and the judge of the present district court court to supreme court, where the to which such appeal or writ of error is transferred is the same person judge of the dis- who rendered the decree or judgment from which such appeal or writ of the decision error was taken, then such appeal or writ of error shall be transferred pealed from. to the supreme court of the Confederate States, upon the party giving bond and surety, as required by law in case of an appeal or writ of Copy of the re- error sued out to said supreme court. And an authentic copy of the record, under the seal of the district court, shall be sent along with such bond to the said supreme court, which court shall thereupon proceed to hear and determine the same, as in other cases. oord. ap. Further time al appeal or sue ut circuit courts of SEC. 3. When in any case heretofore decided in any of the late dislowed parties to trict or circuit courts of the United States, either party had the right writ of error from to appeal, or to prosecute a writ of error, so as to suspend execution, judgments, &c., of but have been prevented from so doing within the time fixed by law, the late district or by the closing of the courts on the secession of the several States, in all such cases a further period of six months from the time of holding the first term of the district court of the Confederate States in such district shall be allowed such party, within which to take an appeal or sue out a writ of error; and such appeal or writ of error shall have the same effect as if sued out or taken within the time prescribed by the former laws. the U. S. Official bonds of ehals, where de posited. copy. When necessary SEC. 4. The official bonds of all clerks and marshals of the courts of elerks and mar- the Confederate States shall be deposited in the Department of Justice. In case of any suit thereon, in favor or for the use either of the governSuit may be ment or of an individual or a corporation, such suit may be maintained maintained on a on a copy of such bond, authenticated by said department under its seal, in the same manner as upon the original. But if the execution of to produce the ori- such bond shall be desired by any party thereto, by a plea of non est ginal, and how ob- factum, supported by affidavit, then it shall be necessary to produce the original before the trial of such suit; and in such case the said department shall transmit the original bond, retaining a copy thereof, to the court in which such suit is pending; but the same shall be returned to the said department when the suit is ended. tained. for holding courts, Department of SEC. 5. Where, in any case, there is no building provided for holding Justice to provide a court of the Confederate States, it shall be the duty of the Departaccommodations ment of Justice to provide suitable accommodations for holding it, and and to furnish to furnish the necessary books for records and dockets for the proper conducting of the business of the court, subject in all instances to the approval of the President. books. Act of 1861, ch. amended. SEC. 6. The forty-eighth section of the act to which this is a suppleel, sec. 48, p. 85, ment shall be and the same is hereby amended, so as to permit either Either party to party to file the transcript of the record and copy of the bonds, as appeals, &c., in therein required, in the supreme court of the Confederate States, ranscript of the without dismissing the appeal or writ of error in the supreme court of supreme court of the United States, where the said court refuses to dismiss the same upon U. S. may file motion; and that the said section be also amended so as to allow the period record, &c., in the of twelve months from the time of the organization of the supreme supreme court of court of the Confederate States for filing such transcript and bond, the C. S. instead of the time in said section prescribed. APPROVED May 21, 1861. CHAP. LXIII-An Act relative to the library of Congress. May 21, 1861. The Congress of the Confederate States of America do enact, That Secretary of Conthe books purchased by the committee appointed to revise the laws of gress to ake charge of books purchased the United States, be delivered to the Secretary of Congress, and be by the committee retained by him for the use and benefit of the members of Congress; appointed to revise and the secretary sell the furniture and other effects belonging to the laws of the U. S. government, which shall be turned over by the committee on revision. APPROVED May 21, 1861. To sell the furniture, &c., turned over to said committee. CHAP. LXIV.—An Act for the relief of district attorneys of the Confederate States in the field. May 21, 1861. The Congress of the Confederate States of America do enact, That When district whenever a district attorney of the Confederate States may enter the judge may appoint military service of the Confederate States, he may, by the consent of an attorney pro the district judge, entered of record, appoint an attorney pro tempore during his absence. APPROVED May 21, 1861. tempore. May 21, 1861. vested in authors CHAP. LXV.-An Act to secure copy rights to authors and composers. The Congress of the Confederate States of America do enact, [That] Exclusive right any person or persons being a citizen or citizens of the Confederate of publishing, &c., States, or resident therein, who shall be the author or authors of any &, and their asbook or books, map, chart or musical composition, which may be now signees. made or composed, and not printed and published, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched or worked from his own design, any print or engraving, and the executors, administrators or legal assigns of such person or persons, shall have the sole right and liberty of printing, reprinting, publishing, and vending such book or books, map, chart or musical composition, print, cut or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. Period. the clerk of the SEC. 2. No person shall be entitled to the benefit of this act, unless Copy of title to he shall, before publication, deposit a printed copy of the title of such be deposited with book or books, map, chart, musical composition, print, cut or engraving, district court. in the clerk's office of the district court of the district wherein the author or proprietor shall reside. And the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to Record thereof be kept for that purpose, in the words following (giving a copy of the title, under the scalof the court, to the said author or proprietor, whenever Fees. liver d within publ cation. he shall require the same): District of to-wit: Be it remem bered that on the day of Anno Domini, A B, of the said district hath deposited in this office the title of a book (map, chart or otherwise as the case may be), the title of which is in the words following, to-wit (here insert the title): the right whereof he claim; as whor (or proprietor as the case may be), in conformity with an act of Congress entitled "An act to secure copy rights to authors and composers." CD, clerk of the district." For which record the clerk shall be entitled to receive from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually Copy to be de- given to such person or his assigns. And the author or proprietor of three months from any such book, map, chart, musical composition, print, cut or engraving, shail, within three months from the publication of said book, map, chart, musical composition, print, cut or engraving, deliver or cause to be List and copies delivered a copy of the same to the clerk of said district. And it shall to be annually be the duty of the clerk of each district court, at least once in every State departmen. year, to transmit a cert fied list of all such records of copy-right, including the titles so recorded, and the dates of record; and also all the several copies of boks or other works deposited in his office according to this act. to the Secretary of State, to be preserved in his office. SEC. 3. No person shall be entitled to the benefit of this act, unless right to be printed he shall give information of copy-right being secured, by causing to be insertel in the several copies of each and every edition published during the term secured, on the title page, or page immediately following, if it be a book, or if a map, chart, musical composition, print. cut, or engraving, by causing to be impressed on the face thereof; or if a volume of maps, charts, mus e or engravings, upon the tire or frontispiece thereof, the following words, vz.: "Entered according to act of Congress, in the year by AB. in the clerk's office of the "district (as the case may be.) transmitt d to he Notice of copy Page, &c. Copies to be sent to department of State. When copyright to be renewed. Record. Copy of recor to be published. Assignments to court of SEC. 4. The author or proprietor of any book, map, chirt, musical composition, print, cut or engraving, for which a copy-right shall be secured under the existing acts of Congress, or those which shali hereafter be enacted respecting copy-rights, shall, within three months from the publ cation of said book, map, chart, musical composition, print, cut or engraving, deliver or cause to be delivered one copy of the same to the Department of State, for the use of Congress. SEC. 5. If, at the expiration of the aforesaid term of years, such author, inventor, designer, engraver, or any of them, when the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the Confederate States, or resident there.n, or being dead, shall have left a widow or child or ch ldren, either or all of them living, the same exclusive right shall be continued to such author, designer or engraver; or if dead, then to snch widow and child or children, for the further term of fourteen years: Provid, That the title of the work so secured shall be a second time recorded, and all such other regulations as are herein required in regard to original copy-rights, be complied with in respect to such renewed copy-right, and that within six months before the expiration of the first term. Suc. 6. In all cases of renewal of copy-right under this act, such author or proprietor shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers printed in the Confederate States, for the space of four weeks. SEC. 7. All deeds or instruments in writing for the transfer or assignbe acknowledged ments of copy-rights, being proved or acknowledged in such manner as deeds for the conveyance of land, are required by law to be proved or and recorded. acknowledged in the same State or district, shall and may be recorded in the office where the original copy-right is deposited and recorded; and every such deed or instrument that shall in any time hereafter be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days after its execution, shall be judged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without notice. Fees for record SEC. 8. The clerk of the district court shall be entitled to such fees for performing the services herein authorized and required, as he is ing. entitled to for performing like services under existing laws of the Confederate States. Jurisdiction of the district courts. SEC. 9. The district courts of the Confederate States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies and cases arising under any law of the Confederate States, granting or confirming to authors or inventors, the exclusive right to their respective writings, inventions and discoveries; and upon any bill in equity filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of Power to grant courts of equity to prevent the violation of the rights of any authors or injunctions. inventors, secured to them by any laws of the Coutederate States, on such terins and conditions as the said courts may deem fit and reasonable: Provided, however, That from all judgments and decrees of any district courts, rendered in the premises, a writ of error or appeal, as the case may requ re, shall lie to the supreme court of the Confederate States, appeal. in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such district courts, without regard to the amount of the decree, verdict or judgment appealed from. Writ of error or SEC. 10. If any other person or persons, from and after the recording Penalty for vioof the title of any book or books, according to this act, shall, within the lation of copyright. term or terms herein limited, print, publish or import, or cause to be printed, published or imported, any copy of such book or books, without the consent of the person legally entitled to the copy-right thereof, first had and obtained in writing, sigued in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold or exposed to sale, any copy of such book without such consent in writing, then such offender shill forfeit every copy of such book to the person legally at the time entitled to the copy-right thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported or exposed to sale, contrary to the intent of this act; the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the Confederate States; to be recovered by action of debt in any court having competent jurisdiction thereof. charts and musical compositions. ¡ SEC. 11. If any person or persons, after the recording the title of any For infringement print, cut or engraving, map, chart or musical composition, according to as to prints, maps, the provisions of this act, shall, within the term or terms limited by this act, engrave, etch or work, sell or copy, or cause to be engraved, etched, worked or sold, or copied, either in the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law; or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copy-right thereof, first obtained in writing, signed in the presence of two credible witnesses, or knowing the same to be so printed or imported without such consent as aforesaid, then such offender or offenders Printing, &c., of prohibited. shall forfeit the plate or plates on which such map, chart musical composition, engraving, cut or print shall be copied, and also all and every sheet thereof so copied or printed as aforesaid, to the proprietor or proprietors of the copy-right thereof; and shall further forfeit one dollar for every sheet of such map, chart, musical composition, print, cut or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the Confederate States; to be recovered in any court having jurisdiction thereof. SEC. 12. Nothing in this act shall be construed to extend to prohibit works of aliens, not the importation or vending, printing or publishing, of any map, chart, musical composition, print or engraving, written, composed or made, by any person not being a citizen of the Confederate States, nor resident within the jurisdiction thereof, except as hereinafter provided for. Penalty for un cation of manuscript. SEC. 13. Any person or persons who shall print or publish any manuauthorized publi- script whatever, without the consent of the author or legal proprietor first obtained as aforesaid (if such author or proprietor be a citizen of the Confederate States, or resident therein), shall be liable to suffer and pay the author and proprietor all damages occasioned by such injury; to be recovered by a special action on the case founded upon this act, in any Courts may court having cognizance thereof: And the several courts of the Confedegrant injunctions. rate States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunetions in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid. tions to include the lation. Copyright in SEC. 14. Any copy-right hereafter granted under the laws of the Condramatic composi- federate States, to the author or proprietor of any dramatic composition, exclusive right of designed or suited for public representation, shall be deemed and taken to representation. confer upon the said author or proprietor, his heirs or assigns, along with the sole right to print and publish the said composition, the sole right also to act, perform or represent the same, or cause it to be acted, performed or represented, on any stage or public place, during the whole period for which the copy-right is obtained; and any manager, actor or other person acting, performing or representing the said composition, without or against the consent of the said author or proprietor, his heirs, Damages for vio- or assigns, shall be liable for damages, to be sued for and recovered by action on the case or other equivalent remedy, with costs of suit, in any court of the Confederate States. Such damages in all cases to be rated and assessed at such sum not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court having Prior rights to cognizance thereof shall appear to be just: Provided, nevertheless, That be protected. nothing herein enacted shall impair any right to act, perform or represent a dramatic composition as aforesaid, which right may have been acquired, or shall in future be acquired by any manager, actor or other person previous to the securing of the copy-right for the said composition, or to restrict in any way the right of such author to process in equity in any court of the Confederate States, for the better and further enforcement of his right. Person sued, &c., evidence. SEC. 15. If any person or persons shall be sued or prosecuted for any may plead general matter, act or thing done under or by virtue of this act, he or they may issue, and give special ma ter in plead the general issue, and give the special matter in evidence. SEC. 16. If any person or persons from and after the passing of this act, Penalty for pub- shall print or publish any book, map, chart, musical composition, print, tended copyright. Cut or engraving, not having legally acquired the copy-right thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall lication of pre |