wrecked picked The wounded and wrecked picked up by these ships can- Wounded and not be reclaimed by either of the combatants, and they up, etc., can not will be required not to serve during the continuance of the be reclaimed. war. Right of bellig. ART. XIV. In naval wars any strong presumption that erents to suspend either belligerent takes advantage of the benefits of neu- Convention, etc. trality, with any other view than the interest of the sick and wounded, gives to the other belligerent, until proof to the contrary, the right of suspending the Convention, as regards such belligerent. Notice of sus Should this presumption become a certainty, notice may pension of Conbe given to such belligerent that the Convention is sus- vention, etc., to pended with regard to him during the whole continuance of the war. be given. ALIEN ENEMIES. | Sec. Sec. 4067. Removal of alien enemies. 4068. Time for removal. 4069. Jurisdiction of United States courts over alien enemies. 4070. Duties of marshals in removing Title 47. July 6, 1798, s. SEC. 4067. Whenever there is a declared war between the United States and any foreign nation or government, Removal of or any invasion or predatory incursion is perpetrated, at alien enemies. tempted, or threatened against the territory of the United 1, v. 1, p. 577. States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upward, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety. SEC. 4068. When an alien who becomes liable as an enemy, in the manner prescribed in the preceding section, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. Time for removal. Ibid.; July 6, 1812. ch. 130, v. 2, Jurisdiction of United States enemies. 8. SEC. 4069. After any such proclamation has been made, court over alien the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the 2, v. 1, p. 577. courts of the United States, are authorized, and it shall be their duty, upon complaint against any alien enemy resideut and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. Duties of marshal in removing alien enemies. 578. SEC. 4070. When an alien enemy is required by the PresiIdent, or by order of any court, judge, or justice, to depart Ibid., s. 3, P. and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor, and to execute such order in person, or by his deputy, or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be. cles connected Title 15, chap. 6. SEC. 1537. No patented article connected with marine Patented arti engines shall hereafter be purchased or used in connection with marine en- with any steam-vessels of war until the same shall have been submitted to a competent board of naval engineers, 3, v. 12, p. 268. and recommended by such board, in writing, for purchase gines. July 18, 1861, s. Title 60, chap. 1. entable. July 8, 1870, s. 24, v. 16, p. 201. and use. SEC. 4886. Any person who has invented or discovered Inventions pat any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceedings had, obtain a patent therefor. Patents for in SEC. 4887. No person shall be debarred from receiving a ventions previ patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first pat ously patented abroad. ented or caused to be patented in a foreign country, unless the same has been introduced into public use in the United States for more than two years prior to the application. But every patent granted for an invention which has been previously patented in a foreign country shall be so limited as to expire at the same time with the foreign patent, or, if there be more than one, at the same time with the one having the shortest term, and in no case shall it be in force more than seventeen years. The Secretary of the Interior and the Commissioner of Patents are authorized to grant any officer of the government, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in section forty-eight hundred and eighty six of the Revised Statutes, when such invention is used or to be used in the public service, without the payment of any fee: Provided, That the applicant in his application shall state that the invention described therein, if patented, may be used by the government or any of its officers or employees in the prosecution of work for the government, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent. Note 1.-Where proposals are invited for an article, and one of the bidders claims that he has a patent on it, the contract should not be awarded to any other unless satisfactory evidence is furnished that the other (not the patentee) has authority from the patentee to manufacture and sell it. (Op., XV, 26, July 23, 1875, Pierrepont.) An official in the military service not specially employed to make experiments may devise new and useful improvements in arms, tents, and war material, and will be entitled to the benefits of his inventions and to letters patent therefor equally with any other citizen. (C. C., VII, 219; Wallace, 12, p. 236.) Where a contract between a patentee and the Government for the use of an inven. tion provides that it may be determined by notice from the patentee, the Govern ment can determine it only by discontinuing its use. (C. C., IV, p. 113. Affirmed by Supreme Court. See Holt's Digest, p. 88 and p. 112, for discussion of the rights of Government employees to compensation for the use of their inventions by the Government.) July 8, 1870, s. 25, v. 16, p. 201. Mar. 3, 1888. 22 Stat. L. 603. Patents without fees in cer tain cases. 22. p. 625. 19 A. G. O., p. The Secretary of the Navy cannot legally contract with the patentee for the purchase of his patent, or for a license to use it, under an appropriation limited to the 407. purchase of material and the employment of labor in the manufacture of such arti cle out of it. Title 57. July 14, 1862, s. 1, 1877, v. 19, p. 403. Sec. PENSIONS. 4692. Who may have pensions. 4697. Rate and commencement of pension 4698. Rate and commencement of pen- 1872. 4698. Commencement of increase for dis- Act Mar. 4, 1890. Pensions, in- 4699. Pensions for disability not other- 4700. Sick leave, sick furlough, veteran 4701. Date when service terminates. 4705. Widows of colored and Indian sol- 4706. Abandonment by widow of minor 4711. Arrears of pension. 4712. Provisions of former acts extended. 4713. Commencement of ante-rebellion pensions. Act July 26, 1892. Declarations and ¡Sec. 4716. Loyalty requisite. 4718. Accrued pension, in whom vested. unless, etc. Act Mar. 3, 1877. Pensions to engineers in Navy to be according to relative rank. Act Mar. 3, 1877. Rates fixed by law for total disability, Navy and Marine Corps. 4734. Pensions are not to be withheld. 4736. Pensions to certain soldiers and sail- 4740. Loss of discharge certificate. 4742. Certain claims for Revolutionary 4743. Evidence necessary to enable widows of Revolutionary soldiers to obtain pensions. 4745, Any pledge, mortgage, sale, assignment, or transfer of pension void. 4747. Pension not liable to attachment. 4748. Commissioner of Pensions shall furnish printed instructions free of charge. other papers in pension claims, 4749. Certain soldiers and sailors not to be before whom executed. 4715. Two pensions not allowable. deemed deserters. SEC. 4692. Every person specified in the several classes Who may have enumerated in the following section, who has been, since pensions. the fourth day of March, eighteen hundred and sixty-one, 1; Mar. 3, 1873, s. Or who is hereafter disabled under the conditions therein 1. v. 17, p. 566; stated, shall, upon making due proof of the fact, according 18. p. 61; Mar. 3, to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability. Classes enu. SEC. 4693. The persons entitled as beneficiaries under the merated. preceding section are as follows: Officers of Ar my and Navy, p. 586. First. Any officer of the Army, including regulars, volunand enlisted men, teers, and militia, or any officer in the Navy or Marine Corps, etc. 19 A. G. Op., or any enlisted man, however employed, in the military or Mar. 3, 1873, s. naval service of the United States, or in its Marine Corps, 1: July 14, 1862, whether regularly mustered or not, disabled by reason of Whether regu- any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. serving on gun 11; Mar. 3, 1873, Second. Any master serving on a gun-boat, or any pilot, Master, etc. engineer, sailor, or other person not regularly mustered, boat, etc. serving upon any gun-boat or war-vessel of the United,,July 4, 1864, 9. States, disabled by any wound or injury received, or other- s. 1: July 14, 1862, wise incapacitated while in the line of duty, for procuring his subsistence by manual labor. s. 10. enlisted, etc. s. 1, v. 17, p. 566; 11; Mar. 3, 1865, Third. Any person not an enlisted soldier in the Army, Volunteers, not serving for the time being as a member of the militia of July, 1862, res. any State, under orders of an officer of the United States, 16; Mar. 3, 1873, or who volunteered for the time being to serve with any July 4, 1864, 8.9 regularly organized military or naval force of the United July 27, 1868, s. States, or who otherwise volunteered and rendered service s. 2: Mar. 3, 1873, in any engagement with rebels or Indians, disabled in con- s. 1; Mar. 3, 1877, s. 1; July 25, 1866, sequence of wounds or injury received in the line of duty v. 19, p. 403. in such temporary service. But no claim of a State militiaman, or non-enlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. ant surgeon, etc. Fourth. Any acting assistant or contract surgeon disa- Acting assist bled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enrolling-officer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor. Provost-mar shal, etc. Aug. 1, 1892. 27 Stat. L., 340 Supp. R. S., 1892-95, p. 62. Pensions. Substitute for 147). That the act entitled "An act amending the pension law so as to remove the disability of those who, having partic. ipated in the rebellion, have since its termination enlisted, in the Army of the United States, and become disabled," approved March third, eighteen hundred and seventy-seven, Mar. 3, 1877, ch. be, and the same is hereby, amended so as to read as follows: 120 (1 Supp. R. S., "That the law prohibiting the payment of any money on See note 1. account of the pensions to any person, or to the widow, may be paid children, or heirs of any deceased person who, in any man- rebellion, afterto persons aiding ner, engaged in or aided or abetted the late rebellion against wards disabled in the authority of the United States, shall not be construed Navy. to apply to such persons as afterward voluntarily enlisted in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty." U. S. Army or cases of disabil SEC. 4694. No person shall be entitled to a pension by Limitation in reason of wounds or injury received or disease contracted ity incurred since July 27, 1868. Note 1.-By R. S., sec. 4716, no pension is to be paid to any person, or those claiming under him, "who in any manner voluntarily engaged in, or aided or abetted, the late rebellion against the authority of the United States." The act of 1877, March 3, ch. 120 (1 Supp. R. S., 147), directed that this prohibition United States, but omitted any reference to the Navy. It is the object of this act to supply that omission. should not apply to persons who afterwards voluntarily enlisted in the Army of the Other exceptions are made to the rule contained in R. S., sec. 4716, by 1878, March 9, ch. 28, secs. 5, 6(1 Supp. R. S., 154, 155), granting pensions for service in the war of 1812; by 1887, January 29, ch. 70, sec. 5 (1 Supp. R. S., 524), granting pensions for service in the Mexican war; and by 1892, July 27, ch. 277, sec. 6, ante, p. 55, granting pensions for service in the Indian wars of 1832-18412. The Interior Department has also held (6 Pension Decisions, 289) that this section has no application to claims under the act of 1890, June 27, ch. 634 (1 Supp. R. S., 760). |