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This day is public. SECOND EDITIO



This day is published, in 1 vol. 12mo,, price 146. boards,


1 the Alterations effected by the New Orders, 8th May, 1845; with Edward Foss, Esq. Edward Smith Bigg, Esq.

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| Row, in the County of Middlesex. Saturday, April 18, 1816.

andition. Propertyfiaw.

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No. 485_Vol. X.
APRIL 25, 1846.

Price 1s. ** The following are the Names of the Gentlemen who favour The Jurist with Reports of Cases argued and

decided in the several Courts of Law and Equity : House of Lords .....

. SE. T. Hoop, Esq. of the Inner ||Vice-Chancellor Wigram's SF. FISHER, Esq. of Lincoln's "" | Temple, Barrister at Law. 1 Court ......... ....1 Inn, Barrister at Law.

STENISON EDWARDS, Esq. of the Privy Council ...........{

WSG.J. P.Smith, Esq. of the Inner

Court of Queen's Bench
Inner Temple, Barrister at Law.

" Temple, Barrister at Law.

SA. V. Kirwan, Esq. of Gray's The Lord Chancellor's SE. T. Hood, Esq. of the Inner

Queen's Bench Bail Court

com Inn, Barrister at Law. Court .............. 1 Temple, Barrister at Law. Court of Common Pleas, D. POWER, Esq. of Lincoln's

including l Inn; and Master of the Rolls Court {G. Y. Robson, Esq. of the Inner " Temple, Barrister at Law.

Appeals under Registra- | W. PATERSON, Esq. of Gray's

tion of Voters Act....) Inn, Barristers at Law. TENISON EDWARDS, Esq. of the

Court of Exchequer ....

SW.M. Best, Esq. of Gray's Inn, Vice-Chancellor of Eng.) Inner Temple, and

Barrister at Law. land's Court ........ CHARLES MARETT, Esq. of the

Ecclesiastical and Admi. SJ. P. DEANE, D.C.L. of Doctors' l Inner Temple, Barristers at Law.

| ralty Courts ........1 Commons. Vice-Chancellor Knight Sw.W. COOPER, Esq. of the Inner

|| Court of Review ......

SW.W. COOPER, Esq. of the Inner Bruce's Court........1 Temple, Barrister at Law.

... Temple, Barrister at Law.

LONDON, APRIL 25, 1846.

choose to direct. The bill confers also the most inquisitorial powers with respect to the present managers of

charities; subjecting them to be called personally beWe have seen a copy of a species of argument or ap- fore the commissioners at their will and pleasure, to peal, which has been lately actively circulated by some undergo personal examinations upon oath, and to subunknown or at least unconfessed champions of all the mit to pains, penalties, and dismissal, at the bare will of charities in this kingdom, against the Charitable Trusts these inquisitors.” Bill now before Parliament. That bill is, we believe, Great stress appears to be laid in this paragraph upon as nearly as possible, for the same purposes, and of the the circumstance, that the inquiries or other operations same structure, as the Charitable Trusts Bill which was of the charity commissioners, are to be at the expense brought forward last year by the Lord Chancellor, and of the charity funds. The writers can surely not be dropped in the House of Commons, after having passed aware, that at present the inquiries that may be insuccessfully through the House of Lords.

stituted into the management of any charitable trusts, Its object is the substitution of a jurisdiction prac- | under the jurisdiction of the Court of Chancery, are. tically applicable to the regulation of charities of the almost in every case, necessarily at the expense of the smaller class, for the jurisdiction of Chancery, at pre- charity, and that the bill is introducing on that head sent the only jurisdiction through which the trustees no new feature, except to this extent, that it will reguof charities can be controlled. On the proposed bill late, without destroying, small charities; whereas, at the following is one of the comments contained in the present, if the charity fund happen to be of small appeal to which we refer:

amount, as, for instance, of the value of 501. or 1001. a “The purport of it,” say the writers, “is to appoint year, for the distribution, perhaps, of bread, or any other commissioners, who are to be paid a percentage on the comfort, to twenty or thirty poor old people, the becharity funds, and who are to superintend, or rather nefit of equitable interference, to check or guide, if nevirtually supersede, the present managers of all char- cessary, the conduct of the trustees, is only obtainable ities, to take upon themselves the direction and control at a cost which effectually destroys the dole of bread, of the charity affairs, the disposition of the funds, and or whatever may be the trust, for some years; giving the investigation, arrangement, and regulation of all the poor cestuis que trustent the advantage of a decree, the accounts. Subordinate officers are to be em- which first swallows up the fund, and then declares ployed, also at the expense of the charity funds: all how it is to be administered. deeds and documents are to be open to the inspection The passage that we have quoted also greatly misand control of these people, and they are to be pro- represents the intention and effect of the proposed act. vided, still at the expense of the charity funds, with It is not intended that the charity commissioners shall attested copies or abstracts of all deeds hereafter to be either supersede or superintends the preser" managers of executed affecting the property of the trust. Accounts charities, any further in the Cook ' ncery alale to be rendered yearly, still at the expense of the ready superintends ur i .

ust procharity funds, of the revenues, receipts, and expendi- perty; all of whon. = IDC,

able, to ture, and that in such forms as the commissioners shall 'account to that cour'.. Upco - le cause


for inquiry being shewn, for the administration of the given ground for imputing to them, neglect or mismatrust property confided to their care.

nagement. In another part of this appeal we find the following The Charitable Trusts Bill may be very irritating passage:

to the love of consequence of persons who disguise to “Now, it is well known, that hitherto and at this themselves their true character of trustees, under the moment, all, or the chief of the large charitable founda- pleasant title of “ managers” of charities, and are fond tions and institutions in this kingdom, are managed by of imagining, that, as managers, it is very impergentlemen of station, ability, and independence, who tinent in the law to catechise and control them. But gratuitously devote their time and talents, and valuable we apprehend, that, to the great body of charitable ceshabits of business, to the care and most economic and tuis que trustent, and to those managers of charities who beneficial disposition of the charity funds, and use their are not deluded into the notion that they are, or ought influence in extending them and promoting their in- to be, irresponsible persons, the matter will appear in crease. The chief of the petitions presented last sessions a different light: to the former, the provisions of the act against the bill came from bodies composed of gentle will appear to afford protection; to the latter, the inmen of this description: gentlemen, who were not the demnity consequent upon judicial inquiry and sanction. mere administrators of funds created centuries ago, and never since increased or increasing,—the trustees of old deposits merely, dropt into a dead letter,but gentle

Review. men who had themselves been large contributors to the charity under their management, themselves, in some A Treatise on the Law relating to Patent Privileges, &c. instances, the very source of it; themselves the per- By WILLIAM HINDMARCH, Esq., Barrister. sons from whom the whole, or a very large proportion, of

[Stevens & Norton. 1846.] the charitable annual income arose and continued to arise. There is a singular disproportion between the extent Well might bodies composed of such men complain, of the business in matters of patents for inventions, and that they needed no inquisitors to catechise and control the number of text-books published on the subject. them in the disposition of their funds; well might they

The amount of business brought before the lawyer in

or out of court is not extensive, as may be well supgrudge to mulct such funds with a percentage to pay for the performance of this superfluous, obnoxious, and

posed, if our readers will bear in mind, that, though

There are, upon an average, probably not less than 200 impertinent duty.”

| patents taken out every year, not one quarter of the One would imagine, from these passages, that there inventions comprised in them ever comes into practice, was no such thing as a charity fund of large amount and of that quarter probably not one-tenth is of suffileft unadministered, either from neglect or want of

cient importance to warrant or to produce any trans

actions requiring the attention of lawyers. Of probably power in the trustees; and that the smaller charities

s nine-tenths of all the patents taken out, it may be asof this kingdom were of inconsiderable amount. Have serted that their passage through the agent's office is the writers of this appeal never heard of cases such as their whole active existence; that the only business Attorney-General v. The Ironmongers' Company (10 they generate is the business attending the suing out Cl. & Fin. 908) or Attorney-General v. Gibson, (2 of the patent, and the preparation of the necessary speBeav. 317, n. (a)), where absolutely nothing was done

to e in cification and drawings, (a business almost entirely

transacted by patent agents, and gentlemen practising with immense trust funds, and they were allowed

eu exclusively as specification draftsmen); and that, when to accumulate for years, until the interference of the the specifications reach the office where they are inCourt of Chancery was brought to bear upon the ad- rolled, they have reached their last and long home, ministration of the charity ? Or, on the other hand, where, in the undisturbed repose of the official presses, have these writers forgotten the statement made last

they slumber on for their fourteen years of legal exist

ence. As evidence of the small amount of forensic buyear, upon good authority, by the Lord Chancellor,

siness in patents, we may mention, that, in the book now that there are in this country 13,000 charities with an

before us, the latest and most elaborate on the subject, income of less than 51. a year, 18,000 with an income and which, we think, we may venture to say of our of less than 101., and 21,000 with an income of less own knowledge, as having paid much attention to the than 201. a year?

| law of patents, contains pretty well all the cases that No doubt, there are many modern charities, which

are to be found in the books, not more than about 450

cases are cited-a number which, by its smallness, are, as stated in the appeal, managed, and well ma

shews how very little there is of litigation in the matter naged, by gentlemen of the highest character,--them- of patents, and, consequently, how small must be the selves personally large donors or contributors. But number of lawyers, either counsel or solicitors, actively there is not, on the other hand, a shadow of doubt, that engaged in matters of business turning upon them. there are many charities of great importance, both an-|

Nevertheless, since no inan, either counsel or solicitor, cient and modern, which are either not managed at all,

knows when he may be called upon to advise upon patents,

| or prepare instruments connected with them, or to conor grossly mismanaged; and that there are myriads of duct litigation concerning them; moreover, as regards the the smaller charities, which have been for generations a bar, since any member of it may be, and we presume every dead letter, (so far as carrying out the objects of the member of it ecpects to be, the particular barrister, on original trusts is concerned), and are likely to remain

whom, at some day, the duty of adjudicating, as At“so, unless a jurisdiction such as that contemplated by

| torney or Solicitor-General, upon the claims of inventors

to the favour of the Crown, will devolve, there appears to the Charitable Trusts Bill is created. Such a jurisdic- be a legal appetite for books on the law of patents, greatly tion will be of course regulated by the rules that govern disproportionate to the amount of general business arisall judicial bodies, and will be dangerous or harassing ing out of that law; at least, we may so judge from tu only in cases where the trustees of & charity have I number of text-books that have been published on the subject. First, there is Hand's Practice; then Davies' tion in the decisions upon the law of patents, but that Patent Cases; then Godson on Patents; then Holroyd there should be so much of uniformity, so much of on Patents; then a second edition of Godson on Pa- sound and practical sense. And the only explanation tents; then a very useful little book, (by a gentleman of the fact, that the law of patents is, as a whole, so uninot in the law, but well known as a scientific adviser form and consistent as it is, is to be found in the high of patentees), Carpmael on Patents; then Drewry on education, the sound sense, and catholic knowledge the Patent Law Amendment Act; then Webster on which, whatever may be said by those who think that Patents; then an elaborate essay on the subject in to sneer at a lawyer is a proof of their own wit and the 7th volume of the last edition of Jarman's Con- wisdom, are the characteristics of the judges and bar veyancing; then Webster's Patent Cases; and, lastly, of this country. the present work. If we compare this array of learned The law relating to exclusive privileges granted by productions on the law of patents, with the list of text- letters-patent is founded partly on the common law and books in any extensive branch of the law, as, for in- partly on statutory law. stance, on the law and practice of bankruptcy, of which At common law the Crown could, by its prerogative, there are, we believe, but three, viz. Lord Henley's, grant an exclusive privilege to a subject for the exercise Mr. Archbold's, and Montague and Ayrton's, the con- of a new invention, whether it were the invention of trast is, to say the least, singular. The explanation by his own brain, or a new art imported by him from Mr. Hindmarch, in that prefatory justification in which abroad; and many old cases are cited by Mr. Hindmarch authors are used to indulge, of his reasons for adding to prove this, (see chap. 2, pp. 7 et seq.) Indeed, in to the stock, is also singular. He says, it was with those early periods of the history of this country, when the view of supplying the acknowledged want of such mechanical inventions began to play their part in the a treatise, that he commenced his work; but, in a note, trade of the country, our own people were too ill inhe adds, that “this is not intended as any disparage- formed in general to be themselves inventors; and nearment of the many useful works on patent law which ly all the early cases upon letters-patent for inventions have been published.”

in the useful arts, turn upon importations of new arts How, with no less than eight existing text-books on from abroad: hence, no doubt, the celebrated resolution this little subject, some of them of goodly bulk, there in Edgeberry v. Stephens, (7 Salk. 467), that, if an incould be an acknowledged want of a treatise, unless the vention be new in England, a patent may be granted, existing ones were individually insufficient, and, there- though the thing was practised beyond sea before, fore, disparageable, we must leave Mr. Hindmarch to a construction of the language of the Statute of Monosettle; and, difficult as the subject is, with which he polies which the natural sense of the word “inventor" has most vigorously and ably dealt in the book before would hardly justify, and which is explicable only by us, we think he will find, that, to reconcile the anta- reference to the fact, that, at the time when the Statute gonistic assertions suggested by his modesty in his of Monopolies was passed, there was scarcely such a preface, will present to him a still more intractable dif- | thing known in England as indigenous invention; and, culty.

therefore, to have excluded from the benefit of the stats We do not like these mock-modest prefaces. If a ute, the discoverers and importers of foreign inventions, leamed lawyer thinks there is a space open, wherein to would have been to exclude the only sort of discoverers insert a treatise, he has a right to do so. He would that the nation knew. Since the Statute of Monoponot attempt it, and still less would his publisher abet lies, the law has become gradually consolidated, passhim in the attempt, unless he bonâ fide thought the ing through two different stages: first, one of extreme existing books, on some grounds, open to objection. hostility generally to patent privileges, founded on the Let him, under such circumstances, write the best book exaggerated national and judicial horror of monopolies; he can; and in his preface, let him either say nothing and, secondly, one of extreme leaning towards the supat all about other works, or say at once that which is port of patent privileges, founded upon an equally exat the very root of his own effort, that he thinks the aggerated opinion of the immense value of inventors as existing works, for some reason or other, not suffi- public benefactors. The law is just emerging from this ciently good, and, therefore, he has tried to do better. second state into one in which neither the word “mo

A statement such as that in Mr. Hindmarch's pre- nopoly” nor the word “ invention" exerts any magical face is calculated to mislead the reader, who will not an and delusive influence, and in which it is becoming daily ticipate accuracy and sound reasoning in the body of a more a principle practically acted upon, that a patent is book, the author of which can set out with so palpable a contract between the inventor and the public, in which & contradiction, without appearing to be conscious that each finds a benefit, and in respect to which the busiit is one. The reader, however, who suffers himself to ness of the law is, to see that the substantial intention be thus prejudiced, on sitting down to peruse Mr. of the parties is carried into effect. Hindmarch's treatise, will find that he has been mis- The fundamental principle of a grant of letterstaken; that the preface was merely a piece of parade; patent for the exclusive use of an invention is, that and that the book is a very good one in all respects. the inventor, representing to the Crown, and establish

The law of patents is one of peculiar difficulty. ing to its satisfaction, a primâ facie case, that he has Folly to understand its application, requires not only the invented or imported some manufacture new in these ordinary knowledge and the ordinary legal judgment of realms, entitles himself not of right, but as of grace, an accomplished lawyer, but a very considerable amount or, according to the modern understanding, puts himof general scientific knowledge, or, at least, that quick self in a position to bargain with the Crown, repreness and sharpness of apprehension, that accuracy of senting the public, to obtain a grant of an exclusive judgment, and, above all, that aptitude for perceiving right of using and vending the new manufacture for distinctions in matters of science, which pre-suppose a fourteen years, provided it is a manufacture,--provided mind imbued with general knowledge, and rendered it is a new manufacture,-provided he is the real inacute and penetrating by practice and much thought. ventor or first importer, -and provided he also, by a The subject matters to which the law of patents has to suitable instrument, called technically the specification, be applied are so various ; the distinctive characters of teaches the real grantor, the public, how to use the new several inventions are separated by lines and character- manufacture at the end of the term of the grant, as istics so fine; the difficulty of separating the practical well as he (the patentee) himself knows how to use it. invention from the abstract theory in matters of inven-If, on any of these points, the patentee does not keep tion is so great; that the wonder is not that there should faith with the Crown, i.e. the public, the consideration be found occasional obscurity and occasional contradic-l of the grant fails, and with it goes the grant itself,

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Hence the rules relating to the title or denomination

London Gazettes. of an invention, inserted by the petitioner for a patent in the petition, in which he represents to the Crown

TUESDAY, APRIL 21. what it is that he has invented. If A., for instance,

BANKRUPTS. represents that he has invented improvements in the machinery by which the movements of the heddles of SA

SAMUEL METCALFE LATHAM, Dover, Kent, banker, a loom are regulated, and, in fact, he has invented some

ship agent, dealer and chapman, May 7 and June 9 at 12,

Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. new mode of connecting the heddles with the harness *

Bridges & Co., Red Lion-square, London.- Piat dated he is obviously not stating to the Crown, the real con

April 17. sideration on which he grounds his application. It | ROBERT STEPHENSON. Southwick-street. Hyde-park. may be, that the Crown, i. e. the public, is well ap- Middlesex, apothecary, April 28 at half-past 1, and May 29 prised that it could obtain from B., or from abroad or at 1, Court of Bankruptcy, London: Off. Ass. Belcher; otherwise, without the aid of the applicant, and with Sols. Chamberlayne & Meaden, Great James-street.-- Fiat out giving any exclusive privilege, the invention of the dat new mode of connecting the heddles with the harness. | THOMAS ELISHA DEACON, Comer-hall, Hemel Hempand would never have agreed to give to the applicant

steud, Hertford, tanner, dealer and chapman, April 27 at 2, an exclusive right for that invention, if it had been in

and June 1 at 11, Court of Bankruptcy, London : Off. Ass. formed that the discovery of that was the consideration

Turquand; Sol. Matthews, King William-street.— Fiat

dated April 17. From the terms of the contract, also, flow the in

RICHARD BRAILSFORD, Enfield, Middlesex, common quiries that have been made into the true construction

brewer, dealer and chapman, April 30 at half-past 2, and

May 28 at 1, Court of Bankruptcy, London: Off. Ass. of the Statute of Monopolies. The Crown has no au

Bell; Sols. F. and H. Palmer, Mitre-court-chambers, Temthority, since the statute, to grant an exclusive privi ple.-- Fiat dated April 18. lege, except for a new manufacture. Hence have arisen | JOHN BIGGS, Houndsditch, London, undertaker, dealer the discussions relating to the meaning of the term and chapman, April 28 at half-past l, and May 28 at half“ manufacture,"-discussions which have terminated in | past 11, Court of Bankruptcy, London: Off. Ass. Bell; the general doctrine, that a manufacture, to be within Sols. J. T. H. Baddeley, 12, Leman-street, Goodman's the statute, must be, in some sense, the embodying of a fields.- Fiat dated April 18. principle; that is, the mere discovery of a truth in

JOHN BURGH CRAMPERN, Wharf-road, City-basin, science will not satisfy the words of the statute; but

City-road, Middlesex, coal merchant, May 5 at half-past the discovery must be in itself a substantive thing, or

11, and June 2 at 12, Court of Bankruptcy, London: Of.

Ass. Groom; Sols. Parker & Co., 3, Raymond's-buildings, else it must be some mode of dealing with matter, so

Gray's-inn. - Fiat dated April 16. as to produce or act upon some substantive thing. Un

ng; Un| JOHN PACE and HENRY PACE, St. Michael's-alley, less this character of substantiality is impressed upon

Cornhill, London, general merchants, May 1 at half-past 2, an invention, it is not an invention of a manufacture,

and June 2 at 1, Court of Bankruptcy, London: Of. Ass. within the meaning of the statute.

Edwards; Sol. Lindo, King's Arms-yard, Moorgate-street. (To be continued).

- Fiat dated April 1. JOSEPH SALMON, Beaumont, Essex, carpenter and build

er, dealer and chapman, May 6 at 2, and June 2 at 11, COURT OF QUEEN'S BENCH.

Court of Bankruptcy, London: Off. Ass. Edwards; Sol.

Ambrose, Chancery-lane.-- Fiat dated April 8. " April 23.-The court will, on Monday next, the 27th | JAMES CLARKSON, Barnsley, Yorkshire, plumber and instant, deliver judgment in the following cases :

glazier, May 5 and 26 at 11, District Court of Bankruptcy,

Leeds : off. Ass. Freeman; Sols. Hellawall, Huddersfield, Solomon v. Lawson.-Griffiths v. Lewis.

Yorkshire ; Cariss, Leeds; Jacques & Co., Ely-place, LonAlfred v. Farlow.-Reg. o. Douglas.

don.-Fiat dated April 7. In Stuart v. Wilkinson, in the New Trial Paper, at | JAMES WALKER and BENJAMIN WILLIAMSON, the commencement of the argument, the court suggested Leeds, Yorkshire, share brokers, share dealers, and cothat a stet processus would be a proper end of the cause ; partners in trade, dealers and chapmen, May 5 and 26 at II, and Lord Denman, C. J., said, “It is thought by many, District Court of Bankruptcy, Leeds : Off. Ass. Freeman ; that, if a verdict is set aside because the jury have done Sols. Smith & Co., Bank-street, Leeds; Wiglesworth & wrong, it must be upon payment of costs; but that).

Co., Gray's Inn, London.--- Fiat dated April 17. practice has been long discontinued in this court, and I

WILLIAM CROSS, Weymouth and Melcombe Regis, Dor. believe that it will shortly be discontinued in the other

setshire, coal merchant and ship owner, dealer and chapman, courts. In setting aside a verdict, this court looks to

April 30 at 1, and May 27 at 11, District Court of Bankthe nature of the inquiry and the other circumstances,

ruptcy, Exeter: Off. Ass. Hernaman ; Garland, Dorches.

ter; Terrell, Exeter ; Sowton, Great James-street, Bedfordand exercise their discretion on the question of costs.”

row, London.- Fiat dated April 16. The rule in Stuart v. Wilkinson was argued and | JAMES TOPHAM, Brewood, Staffordshire, road contract), made absolute.

May 2 and 30 at 11, District Court of Bankruptcy, Bir.

mingham: Off. Ass. Bittleston ; Sols. Turner, Wolver. The Queen has been pleased to appoint Alexander hampton ; Smith, Temple.street, Birmingham.- Fiat dated Stewart, Esq., to be Master of the Rolls for the pro

April 13. vince of Nova Scotia.

DANIEL ANTROBUS, Audley, Staffordshire, apothecary,

May 12 at 11, and May 29 at 12, District Court of BankMASTER IN CHANCERY.—The Lord Chancellor has

ruptcy, Birmingham : Off. Ass. Valpy; Sols. Williams, appointed Charles Marsh Lee, of New Sarum, in the

Hanley; Smith, Birmingham - Fiat dated April 16. county of Wiltshire, Gent., to be a Master Extraor- WILLIAM BENNETT, Wolverhampton, Staffordshire, ja dinary in the high Court of Chancery.

panner and tin plate worker, May 5 and June 13 at half.

past 10, District Court of Bankruptcy, Birmingham : Off. * For our readers uninitiated in mannfactures, we will ex Ass. Christie ; Sols. Brown, Bilston ; Smith, Birmingham. plain, that the heddles are certain levers, one set of ends -Fiat dated April 9. of which is connected with the warp of a loom by strings THOMAS ALLEN, Littleworth, Castle Church, Staffordtermed harness, and the other set of ends with machinery of shire, hotel keeper, shoe manufacturer, dealer and chapman, various kinds, by which they are moved up and down at stated May 5 and June 13 at ll, District Court of Bankruptcy, intervals, in order to separate the threads of the warp at such Birmingham: Off. Ass. Christie ; Sols. Flint, Staffordshire; intervals as are required for throwing the weft across and be. Motteram & Knowles, Birmingham; Read & Langford, tween them.

London.-Fiat dated April 14.

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