Wounded to be ART. V. In addition to Article VI of the Convention, it is stipulated returned to their that, with the reservation of officers whose detention might be imporcountry on condi- tant to the fate of arms and within the limits fixed by the second paration of not again bearing arms in graph of that article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war. the war. Boats picking [Articles concerning the Marine.] ART. VI. The boats which, at their own risk and peril, during and up the ship after an engagement pick up the shipwrecked or wounded, or which wrecked or having picked them up, convey them on board a neutral or hospital wounded, &c. ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit. The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked and saved must not serve again during the continuance of the war. Religious, med- ART. VII. The religious, medical, and hospital staff of any captured ical, and hospital vessel are declared neutral, and, on leaving the ship, may remove the staff of a captured articles and surgical instruments which are their private property. vessel declared neutral. Duties of staff officers, &e. Pay and allow. ance of staff. Captured hospital ships to re ART. VIII. The staff designated in the preceding article must continue to fulfill their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article. The stipulations of the second additional article are applicable to the pay and allowance of the staff. ART. IX. The military hospital ships remain under martial law in all that concerns their stores; they become the property of the captor, but main under mar the latter must not divert them from their special appropriation during tial law, &c. the continuance of the war. Merchant ves *[The vessels not equipped for fighting, which, during peace, the government shall have officially declared to be intended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriated to the special service on which they are employed.] ART. X. Any merchantman, to whatever nation she may belong, sels performing charged exclusively with removal of sick and wounded, is protected hospital duty to by neutrality, but the mere fact, noted on the ship's books, of the vesbe treated as sel having been visited by an enemy's cruiser, renders the sick aud neutral, &c. wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation. Cargo of merIf the merchant ship also carries a cargo, her neutrality will still chant ship pro- protect it, provided that such cargo is not of a nature to be confiscated tected; when; by the belligerents. proviso. erents. Wounded or The belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded. ART. XI. Wounded or sick sailors and soldiers, when embarked, to sick sailors and whatever nation they may belong, shall be protected and taken care of soldiers, when by their captors. embarked, &c. Return to na tive country. Their return to their own country is subject to the provisions of Ar❤ ticle VI of the Convention, and of the additional Article V. *In the published English text, from which this version of the Additional Articles is taken, the paragraph thus marked in brackets appears in continuation of Article IX. It is not, however, found in the original French text adopted by the Geneva Conference, October 20, 1868. By an instruction sent to the United States minister at Berne, January 20, 1883, the right is reserved to omit this paragraph from the English text, and to make any other necessary corrections, if at any time hereafter the Additional Articles shall be completed by the exchange of the ratifications hereof between the several signatory and adhering powers. ART. XII. The distinctive flag to be used with the national flag, in White flag with order to indicate any vessel or boat which may claim the benefits of red cross, & c., used by vessels neutrality, in virtue of the principles of this Convention, is a white flag claiming neutralwith a red cross. The belligerents may exercise in this respect any ity. mode of verification which they may deem necessary. Military hospital ships shall be distinguished by being painted white Military hosoutside, with green strake. pitals painted white, &c. tral. ART. XIII. The hospital ships which are equipped at the expense of Hospital ships, the aid societies, recognized by the governments signing this Conven- &c., and staff to tion, and which are furnished with a commission emanating from the be treated as nensovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staff. They shall be recognized and protected by the belligerents. They shall make themselves known by hoisting, together with their Flag sign, &c., national flag, the white flag with a red cross. The distinctive mark of of neutrality. their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white with red strake. These ships shall bear aid and assistance to the wounded and wrecked belligerents, without distinction of nationality. Aid and assistance to wounded and wrecked bel They must take care not to interfere in any way with the movements ligerents, withof the combatants. During and after the battle they must do their out distinction of duty at their own risk and peril. The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step. The wounded and wrecked picked up by these ships cannot be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war. ART. XIV. In naval wars any strong presumption that either belligerent takes advantage of the benefits of neutrality, 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. nationality. Wounded and wrecked picked up, &c., cannot Notice of sus Should this presumption become a certainty, notice may be given to such belligerent that the Convention is suspended with regard to him pension of Convention, &c., to during the whole continuance of the war. be given. Title 47. SEC. 4067. Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or preda-Removal of tory incursion is pepretrated, attempted, or threatened against the ter- alien enemies. ritory of the United 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 permmitted 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. 6 July, 1798, s. 1, v. 1, p. 577. 4 moval. Time for re- 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. Jurisdiction of courts over alien enemies. I bid. 6 July, 1812, chap. 130, v. 2, p. 781. SEC. 4069. After any such proclamation has been made, the several United States courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized, and it shall be their duty, upon complaint against any alien enemy resident 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 mar alien enemies. 6 July, 1798, s. 2, v. 1, p. 577. SEC. 4070. When an alien enemy is required by the President, or by shal in removing order of any court, judge, or justice, to depart 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. Sec. Ibid., s. 3, p. 578. PATENTS AND PATENTED ARTICLES. 1537. Patent articles for marine engines. 4886. Inventions patentable. Patented arti Sec. 4887. Patents for inventions previously patented abroad. Patents without fees in certain cases. Title 15, Chap. 6. SEC. 1537. No patented article connected with marine engines shall hereafter be purchased or used in connection with any steam-vessels of cles connected war until the same shall have been submitted to a competent board of with marine en- naval engineers, and recommended by such board, in writing, for purgines. chase and use. Title 60, Chap. 1. Inventions patentable. Patents for in 18 July, 1861, s. 3, v. 12, p. 268. SEC. 4886. Any person who has invented or discovered 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. 8 July, 1870, s. 24, v. 16, p. 201. SEC. 4287. No person shall be debarred from receiving a patent for ventions previ his invention or discovery, nor shall any patent be declared invalid, by ously patented abroad. reason of its having been first patented 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. 8 July, 1870, s. 25, v. 16, p. 201. Patents with The Secretary of the Interior and the Commissioner of Patents are 3 Mar., 1883. anthorized to grant any officer of the government, except officers and employees of the Patent Office, a patent for any invention of the classes out fees in cermentioned in section forty-eight hundred and eighty six of the Revised tain cases. 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. Sec. 46 2. 4693. 4694. 3 March, 1883, v. 22, p. 625. NOTES.-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) bas 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 invention provides that it may be determined by notice from the patentee, the Government 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 employés to compensation for the use of their inventions by the Government. Who may have pensions. PENSIONS. Pensions for wounds received or diseases contracted only in line of duty, &c. 4695. Rates of pension for total disability. Title 57. Who may have SEC. 4692. Every person specified in the several classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter disabled under the pensions. conditions therein stated, shall, upon making due proof of the fact, according 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 penson is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during ths existence of the disability. 3 March, 1873, s. 1, v. 17, p. 566. 6 June, 1874, v. 18, p. 61. 3 March, 1877, v. 19, p. 403. SEC. 4693. The persons entitled as beneficiaries under the preceding Classes enusection are as follows: merated. First. Any officer of the Army, including regulars, volunteers, and Officers of Armilitia, or any officer in the Navy or Marine Corps, or any enlisted man, my, and Navy, and enlisted men however employed, in the military or naval service of the United States, &c. or in its Marine Corps, whether regularly mustered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Master, &c., Second. Any master serving on a gun-boat, or any pilot, engineer serving on gun sailor, or other person not regularly mustered, serving upon any gunboat, &c. boat or war-vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. Volunteers, not enlisted, &c. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty 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. Acting assist- Fourth. Any acting assistant or contract surgeon disabled by any ant surgeon, &c. 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 enrollingofficer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor. Provost-marshal, &c. Pensions for 3 March, 1873, s. 1, v. 17, p. 566. 3 March, 1877, v. 19, p. 403. SEC. 4694. No person shall be entitled to a pension by reason of wounds received wounds or injury received or disease contracted in the service of the or diseases contracted only in United States subsequent to the twenty-seventh day of July, eighteen line of duty, &c. hundred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent au thority, to the United States, or to some other vessel or naval station, or hospital. [See §§ 4756, 4757, PENSION FUNDS, as to SERVICE PENSIONS.] 3 March, 1873, s. 1, v. 17, p. 567. Rates of pen. SEC. 4695. The pension for total disability shall be as follows, namely: sion for total dis- For lieutenant-colonel and all officers of higher rank in the military ability. service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with conimander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps ** ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet-midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officers commanding vessels, *** master's mate, and all warrant officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gun-boats and war-vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service. [See § 4699.] # 3 March, 1873, s. 2, v. 17, p. 567. |