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WILLIAM SMALLWOOD, Esq; Governor.
CHAP. XXI.
An ACT to grant to Oliver Evans, for a term of years, the sole
and exclusive right of making and selling within this
state the
machines herein described. |
1787.
Passed May
21.
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WHEREAS Oliver Evans, of the county of Newcastle,
in the state
of Delaware, miller, hath represented to this general assembly, that
he hath invented, discovered, and introduced into exercise, two machines
for the use of merchant-mills, one of which, denominated by the said
Oliver Evans an Elevator, is calculated by its own motion to hoist the
wheat or
grain from the lower floor, and the meal or flour from the stones of any
mill
to the upper floor or loft of such mill; the other denominated an Hopper-Boy,
so constituted as to spread the meal over the floor of a mill to cool,
gather it up
again to the boiling hopper, and attend the same regularly without the
assistance
of manual labour; also one other machine, denominated a Steam-Carriage,
so
constructed as to move by the power of steam and the pressure of the atmosphere,
for the purpose of conveying burthens without the aid of animal force;
and as
the said inventions of the said Oliver Evans will greatly tend to simplify
and
render cheap the manufacture of flour, which is one of the principal staples
of
this state, as also to render the use of land carriages more convenient
and less expensive,
in order to make adequate compensation to the said Oliver Evans for his
ingenuity, trouble and expence, in the said discoveries, |
Preamble. |
II. Be it enacted,
by the general assembly of Maryland, That from and after
the passing this act, the said Oliver Evans, his heirs and assigns, shall
have the
sole and exclusive right of making and selling, within this state, the
said machines
above described, agreeably to his new method of constructing and making
the same, for and during the full space and term of fourteen years from
thence
next ensuing, and fully to be completed and ended. |
Exclusive
right vested in
O. Evans,
&c. |
III. And be
it enacted, That if any person or persons shall make, sell or use,
or cause to be made, sold or used, within this state, any hopper-boy or
elevator,
upon the plan of the said Oliver Evans, or any steam-carriage to be propelled
by
the power of steam or the pressure of the atmosphere, constructed as the
said
hopper-boy, elevator or steam-carriage, of said Oliver Evans are, or in
form,
similitude or likeness thereof, during the said term of fourteen years,
without the
consent of the said Oliver Evans, his certain attorney, heirs or assigns,
first had
and obtained in writing, he, she or they, so offending, shall forfeit and
pay to
the said Oliver Evans, his heirs or assigns, for every such machine
so made, sold
or used, or caused to be made, sold or used, respectively, the sum of one
hundred
pounds current money of Maryland, to be recovered with costs of suit by
action
of debt, bill, plaint or information, in any competent court of record
in any
county of this state in which the offence shall be committed, wherein no
essoin,
protection, or wager of law, nor more than one emparlance, shall be allowed;
provided always, that if on any action brought for the recovery of
the said penalty,
it shall be proved that the said Oliver Evans was not the original inventor
of the machines, for the making, using or selling of which, such action
shall
be brought, that the jury shall find their verdict for the defendant, and
such defendant
shall recover his costs. |
Penalty on others
making,
&c. |
IV. Provided,
That nothing in this act contained shall prevent any future
general assembly of this state from abolishing this exclusive right granted
to the
said Oliver Evans by this act, upon their paying to him, his executors,
administrators
or assigns, the sum of five thousand pounds current money. |
Proviso. |
V. And be it
enacted, That if any person or persons, who shall be convicted
of having made, sold or used, within this state, either of the aforesaid
machines,
without the consent of the said Oliver Evans, his heirs or assigns, in
writing,
shall afterwards, without such consent, make, sell or use, such machine
or
machines again, he, she or they, so offending, shall forfeit and pay to
the
said Oliver Evans, his heirs and assigns, the sum of one hundred and
fifty |
Penalty on
persons convicted
again
making, &c. |
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