Page:Federal Reporter, 1st Series, Volume 8.djvu/600

386 FEDERAL REPORTER. �had no reason to suppose that, in omitting to have them entered on the manifest, he was violating the laws. It is quite probable that he may have made many similar importations without question or objec- tion. �Under these circumstances, I do not see how a jury or court can find, as "a distinct and separate proposition," established by the proofs in the case, that the importation was made "with an actual intention to defraud the United States." �The libel of information must, therefore, be dismissed. But it must not beinferred from this decision that the law will, in all cases of this description, be f ouud powerless to punish for the violation of its commanda. The present decision tums, in a great measure, on the fact that the importer was exousably ignorant of the illegality of Mb acts. When the knowledge of the law shall have been brought home to the officers and orews of the steamers, and the custom-house authorities shall have ceased to tolerate these illegal importations, if they shall still be wilf ully and knowingly persisted in, it will be for the court or jury to say whether such persistence is not suf&oient evidence of actual intention tb defraud to satisfy even the require- ments of section 16 of the act of 187e. ���The Kexchxjm Haevestee Co. v. The Johkson Haevesthe Uo. �\Ovreuit Court, N.B. New York. July 6, 1881.) �1. IjBttbtis Patent — Manufacture fob Balb Abuoad — Inpringbment. �, Every manufacture for sale abroad, 'followedby actual sale, of a machine on ■whicb an American patent has been issued, is an infringement of the American patentee's rights of property and exclusive use. �Spencer Clintcn, for plaintiff . �Ward Hunt, Jr,, for defendant. �Blatchpoed, g. J. I think the provisions of the decree as to license fees, in connection with the testimony, are sufiicient to au- thorize the flnding of a license fee of five dollars for each machine "with a concave wheel made and sold in the United States, and one of $2.50 for each machine with a concave wheel made in the United States for sale abroad and sold abr'oad. Although the patent could give no protection abroad in the sale of machines abroad, it gave protection in the United States in making machines m the United States for sale abroad. The patent prevented all persons but the patentee from making in the United States. The privilege of mak- ��� �