TWENTY-FIFTH CONGRESS. Sess.III. Ch.89. 1839.
355
chief justice, on petition, to hear and determine all such appeals, andto revise such decisions in a summary way, on the evidence producedbefore the Commissioner, at such early and convenient time as he mayappoint, first notifying the Commissioner of the time and place of hear-ing, whose duty it shall be to give notice thereof to all parties who ap-pear to be interested therein, in such manner as said judge shall pre-scribe. The Commissioner shall also lay before the said judge all theoriginal papers and evidence in the case, together with the grounds ofhis decision, fully set forth in writing, touching all the points involvedby the reasons of appeal, to which the revision shall be confined. Andat the request of any party interested, or at the desire of the judge, theCommissioner and the examiners in the Patent Office , may be examinedunder oath, in explanation of the principles of the machine or otherthing for which a patent, in such case, is prayed for. And it shall bethe duty of said judge, after a hearing of any such case, to return allthe papers to the Commissioner, with a certificate of his proceedingsand decision, which shall be entered of record in the Patent Office ;and such decision, so certified,shall govern the further proceedings ofthe Commissioner in such case; Provided, however, That no opinionor decision of the judge in any such case, shall preclude any personinterested in favor or against the validity of any patent which has beenor may hereafter, be granted, from the right to contest the same in anyjudicial court, in any action in which its validity may come in question.
Sec. 12. And be it further enacted, That the Commissioner ofPatents shall have power to make all such regulations in respect to thetaking of evidence to be used in contested cases before him, as may bejust and reasonable. And so much of the act to which this is addi-tional, as provides for a board of examiners, is hereby repealed.
Sec. 13. And be it further enacted, That there be paid annually,out of the patent fund, to the said chief justice, in consideration of theduties herein imposed, the sum of one hundred dollars.
Approved, March 3, 1839.
Chap. LXXXIX. — An Act giving to the President of the United States addi-tional powers for the defence of the United States , in certain cases, against inva-sion, and for other purposes.
Be it enacted by the Senate and House of Representatives of theUnited States of America in Congress assembled, That the Presidentof the United States be, and he hereby is, authorized to resist any at-tempt on the part of Great Britain , to enforce, by arms, her claim toexclusive jurisdiction over that part of the State of Maine which is indispute between the United States and Great Britain ; and for that pur-pose, to employ the naval and military forces of the United States andsuch portions of the militia as he may deem it advisable to call intoservice.
Sec. 2. And be it further enacted, That the militia when called intothe service of the United States by virtue of this act, or of the act en-titled “ An act to provide for calling forth the militia to execute thelaws of the Union, suppress insurrections, repel invasions, and torepeal the act now in force for these purposes,” may, if in the opinionof the President of the United States the public interest require it, becompelled to serve for a term not exceeding six months after the arrivalat the place of rendezvous, in any one year unless sooner discharged.
Sec. 3. And be it further enacted, That in the event of actual inva-sion of the territory of the United States by any foreign power, or ifimminent danger of such invasion discovered, in his opinion, to existbefore Congress can be convened to act upon the subject, the Presidentbe, and he is hereby, authorized if he deem the same expedient, to ac-
Proviso.
Commissionermay make reg-ulations respec-ting contestedcases.
Compensationof chief justice.
Statute III.March 3 , 1839.[Expired.]
Militia, whencalled into ser-vice.
1795, ch. 36.
In event of ac-tual invasion,&c.