Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 649.
IN THE HOUSE OF REPRESENTATIVES.
August 8, 1848.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. Henley, from the Committee on Patents, reported the
following bill:
A BILL
For the relief of Ross Winans.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That the Commissioner of Patents be, and
he is hereby, directed to grant a new patent to Ross
Winans, his executors, and administrators, of Baltimore,
in the State of Maryland, for the term of seven years,
from and after the date of its issue, for his combination
of the outside diminished bearing of axles, with the
flanched wheels of cars and other vehicles adapted to
running on railroads, described in certain letters patent
issued to him, and bearing date the twentieth day of July,
eighteen hundred and thirty-one, the same to be granted

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37 under the same provisions and restrictions as are now
provided for original letters patent, except so far as the
existing laws prohibit and invalidate the grant of letters
patent for inventions which have been before patented,
or used for more than two years before the date of appli-
tion for letters patent: Provided, That such extension
shall enure to the use and benefit of the said Ross
Winans, his executors and administrators, and to no
other person whomsoever, except that a bona fide
assignee of the invention, by virtue of any assignment
from the patentee heretofore made and recorded, shall
have the benefit of this act upon just and reasonable
terms, according to his interest therein. And if the said
Winans, his executors and administrators, cannot agree
with such assignee upon the terms of such benefit
to the assignee, it shall be ascertained and deter-
mined by the circuit court of the United States for the
district in which such assignee resides, to be decreed
upon a bill filed for that purpose by the said assignee:
And provided, further, That no assignee shall have the
benefit of this act unless he shall, within ninety days from
its passage, agree with the said Winans, his executors or
administrators, as to the consideration upon which he is
to have it, or, within the named period, file his bill in the
circuit court aforesaid, in order that the amount to be

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40 paid therefor, and the terms of such payment, may be
decreed in conformity with the intent and meaning of
this act.

1 2 3 4 5 6 7 8 9 10 11 12	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That the Commissioner of Patents be, and he is hereby, directed to grant a new patent to Ross Winans, his executors, and administrators, of Baltimore, in the State of Maryland, for the term of seven years, from and after the date of its issue, for his combination of the outside diminished bearing of axles, with the flanched wheels of cars and other vehicles adapted to running on railroads, described in certain letters patent issued to him, and bearing date the twentieth day of July, eighteen hundred and thirty-one, the same to be granted
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13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37	under the same provisions and restrictions as are now provided for original letters patent, except so far as the existing laws prohibit and invalidate the grant of letters patent for inventions which have been before patented, or used for more than two years before the date of appli- tion for letters patent: Provided, That such extension shall enure to the use and benefit of the said Ross Winans, his executors and administrators, and to no other person whomsoever, except that a bona fide assignee of the invention, by virtue of any assignment from the patentee heretofore made and recorded, shall have the benefit of this act upon just and reasonable terms, according to his interest therein. And if the said Winans, his executors and administrators, cannot agree with such assignee upon the terms of such benefit to the assignee, it shall be ascertained and deter- mined by the circuit court of the United States for the district in which such assignee resides, to be decreed upon a bill filed for that purpose by the said assignee: And provided, further, That no assignee shall have the benefit of this act unless he shall, within ninety days from its passage, agree with the said Winans, his executors or administrators, as to the consideration upon which he is to have it, or, within the named period, file his bill in the circuit court aforesaid, in order that the amount to be
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38 39 40	paid therefor, and the terms of such payment, may be decreed in conformity with the intent and meaning of this act.