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C., formerly of Lincoln's Inn, deceased, including Ruff head's Statutes at Large, to 5 & 6 Will. 4; Viner's Abridgment, and Supplement; Howell's State Trials; Treatises and Books of Practice; com plete Series of the Old and Modern Reports in Law and Equity, &c. To be viewed, and Catalogues had. Printed by WALTER M'DOWALL, PRINTER, residing at No. 4, Pemberton Row, Gough Square, in the Parish of St. Bride, in the City of London, at his Printing Office, situate No. 5, Pemberton Row aforesaid; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, LAV BOOKSELLER and PUBLISHER, residing at No. 11, John Street, Bedford Row, in the County of Middlesex. Saturday, April 18, 1846. No. 485-VOL. X. APRIL 25, 1846. PRICE 18. 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: {E-Temple, Barrister of the Inner Vice-Chancellor Wigram's [F. FISHER, Esat Lincoln's at Law. TENISON EDWARDS, Esq. of the {TENISON Ene, Barristerat Lan. The Lord Chancellor's [E. T. HOOD, Esq. of the Inner We have seen a copy of a species of argument or appeal, which has been lately actively circulated by some unknown or at least unconfessed champions of all the charities in this kingdom, against the Charitable Trusts Bill now before Parliament. That bill is, we believe, as nearly as possible, for the same purposes, and of the same structure, as the Charitable Trusts Bill which was brought forward last year by the Lord Chancellor, and dropped in the House of Commons, after having passed successfully through the House of Lords. Its object is the substitution of a jurisdiction practically applicable to the regulation of charities of the smaller class, for the jurisdiction of Chancery, at present the only jurisdiction through which the trustees of charities can be controlled. On the proposed bill the following is one of the comments contained in the appeal to which we refer : { Court Inn, Barrister Law. G. J. P.SMITH, Esq. of the Inner Queen's Bench Bail Court {AY. KIRWAN, Esq. of Gray's Inn, Barrister at Law. 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 before the commissioners at their will and pleasure, to undergo personal examinations upon oath, and to submit to pains, penalties, and dismissal, at the bare will of these inquisitors." Great stress appears to be laid in this paragraph upon the circumstance, that the inquiries or other operations of the charity commissioners, are to be at the expense of the charity funds. The writers can surely not be aware, that at present the inquiries that may be instituted into the management of any charitable trusts, under the jurisdiction of the Court of Chancery, are, almost in every case, necessarily at the expense of the charity, and that the bill is introducing on that head no new feature, except to this extent, that it will regulate, without destroying, small charities; whereas, at present, if the charity fund happen to be of small amount, as, for instance, of the value of 507. or 100%. a year, for the distribution, perhaps, of bread, or any other comfort, to twenty or thirty poor old people, the benefit of equitable interference, to check or guide, if necessary, the conduct of the trustees, is only obtainable at a cost which effectually destroys the dole of bread, or whatever may be the trust, for some years; giving the poor cestuis que trustent the advantage of a decree, which first swallows up the fund, and then declares how it is to be administered. "The purport of it," say the writers, "is to appoint commissioners, who are to be paid a percentage on the charity funds, and who are to superintend, or rather virtually supersede, the present managers of all charities, to take upon themselves the direction and control of the charity affairs, the disposition of the funds, and the investigation, arrangement, and regulation of all the accounts. Subordinate officers are to be employed, also at the expense of the charity funds: all 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 superintend the present managers of executed affecting the property of the trust. Accounts charities, any further than the Court of Chancery alale to be rendered yearly, still at the expense of the ready superintends trustees of every class of trust procharity funds, of the revenues, receipts, and expendi-perty; all of whom are liable, and properly liable, to ture, and that in such forms as the commissioners shall account to that court at any time, upon reasonable cause VOL. X. for inquiry being shewn, for the administration of the given ground for imputing to them, neglect or mismatrust property confided to their care. In another part of this appeal we find the following passage: nagement. The Charitable Trusts Bill may be very irritating to the love of consequence of persons who disguise to themselves their true character of trustees, under the pleasant title of "managers" of charities, and are fond of imagining, that, as managers, it is very impertinent in the law to catechise and control them. But we apprehend, that, to the great body of charitable cestuis que trustent, and to those managers of charities who are not deluded into the notion that they are, or ought to be, irresponsible persons, the matter will appear in a different light: to the former, the provisions of the act demnity consequent upon judicial inquiry and sanction. "Now, it is well known, that hitherto and at this moment, all, or the chief of the large charitable foundations and institutions in this kingdom, are managed by gentlemen of station, ability, and independence, who gratuitously devote their time and talents, and valuable habits of business, to the care and most economic and beneficial disposition of the charity funds, and use their influence in extending them and promoting their increase. The chief of the petitions presented last sessions 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 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 gentlemen who had themselves been large contributors to the charity under their management, themselves, in some instances, the very source of it; themselves the persons from whom the whole, or a very large proportion, of the charitable annual income arose and continued to arise. Well might bodies composed of such men complain, that they needed no inquisitors to catechise and control them in the disposition of their funds; well might they grudge to mulct such funds with a percentage to pay for the performance of this superfluous, obnoxious, and impertinent duty." One would imagine, from these passages, that there was no such thing as a charity fund of large amount left unadministered, either from neglect or want of 'power in the trustees; and that the smaller charities of this kingdom were of inconsiderable amount. Have the writers of this appeal never heard of cases such as Attorney-General v. The Ironmongers' Company (10 Cl. & Fin. 908) or Attorney-General v. Gibson, (2 Beav. 317, n. (a)), where absolutely nothing was done with immense trust funds, and they were allowed to accumulate for years, until the interference of the Court of Chancery was brought to bear upon the administration of the charity? Or, on the other hand, have these writers forgotten the statement made last year, upon good authority, by the Lord Chancellor, that there are in this country 13,000 charities with an income of less than 57. a year, 18,000 with an income of less than 107., and 21,000 with an income of less than 207. a year? No doubt, there are many modern charities, which are, as stated in the appeal, managed, and well managed, by gentlemen of the highest character,-themselves personally large donors or contributors. But there is not, on the other hand, a shadow of doubt, that there are many charities of great importance, both ancient and modern, which are either not managed at all, or grossly mismanaged; and that there are myriads of the smaller charities, which have been for generations a dead letter, (so far as carrying out the objects of the original trusts is concerned), and are likely to remain so, unless a jurisdiction such as that contemplated by the Charitable Trusts Bill is created. Such a jurisdiction will be of course regulated by the rules that govern all judicial bodies, and will be dangerous or harassing only in cases where the trustees of a charity have Review. A Treatise on the Law relating to Patent Privileges, &c. [Stevens & Norton. 1846.] There is a singular disproportion between the extent of the business in matters of patents for inventions, and the number of text-books published on the subject. The amount of business brought before the lawyer in posed, if our readers will bear in mind, that, though or out of court is not extensive, as may be well supthere are, upon an average, probably not less than 200 patents taken out every year, not one quarter of the inventions comprised in them ever comes into practice, and of that quarter probably not one-tenth is of sufficient importance to warrant or to produce any transactions requiring the attention of lawyers. Of probably nine-tenths of all the patents taken out, it may be asserted that their passage through the agent's office is their whole active existence; that the only business they generate is the business attending the suing out of the patent, and the preparation of the necessary specification and drawings, (a business almost entirely transacted by patent agents, and gentlemen practising exclusively as specification draftsmen); and that, when the specifications reach the office where they are inrolled, they have reached their last and long home, where, in the undisturbed repose of the official presses, they slumber on for their fourteen years of legal existsiness in patents, we may mention, that, in the book now before us, the latest and most elaborate on the subject, and which, we think, we may venture to say of our own knowledge, as having paid much attention to the law of patents, contains pretty well all the cases that are to be found in the books, not more than about 450 shews how very little there is of litigation in the matter cases are cited-a number which, by its smallness, of patents, and, consequently, how small must be the number of lawyers, either counsel or solicitors, actively engaged in matters of business turning upon them. Nevertheless, since no man, either counsel or solicitor, knows when he may be called upon to advise upon patents, or prepare instruments connected with them, or to conduct litigation concerning them; moreover, as regards the bar, since any member of it may be, and we presume every member of it expects to be, the particular barrister, on whom, at some day, the duty of adjudicating, as Atto the favour of the Crown, will devolve, there appears to torney or Solicitor-General, upon the claims of inventors be a legal appetite for books on the law of patents, greatly disproportionate to the amount of general business arising out of that law; at least, we may so judge from the number of text-books that have been published on the As evidence of the small amount of forensic bu ence. tion in the decisions upon the law of patents, but that there should be so much of uniformity, so much of sound and practical sense. And the only explanation of the fact, that the law of patents is, as a whole, so uniform and consistent as it is, is to be found in the high education, the sound sense, and catholic knowledge which, whatever may be said by those who think that to sneer at a lawyer is a proof of their own wit and wisdom, are the characteristics of the judges and bar of this country. subject. First, there is Hand's Practice; then Davies' Patent Cases; then Godson on Patents; then Holroyd on Patents; then a second edition of Godson on Patents; then a very useful little book, (by a gentleman not in the law, but well known as a scientific adviser of patentees), Carpmael on Patents; then Drewry on the Patent Law Amendment Act; then Webster on Patents; then an elaborate essay on the subject in the 7th volume of the last edition of Jarman's Conveyancing; then Webster's Patent Cases; and, lastly, 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 there are, we believe, but three, viz. Lord Henley's, Mr. Archbold's, and Montague and Ayrton's, the contrast is, to say the least, singular. The explanation by Mr. Hindmarch, in that prefatory justification in which authors are used to indulge, of his reasons for adding to the stock, is also singular. He says, it was with the view of supplying the acknowledged want of such a treatise, that he commenced his work; but, in a note, he adds, that "this is not intended as any disparagement of the many useful works on patent law which have been published." How, with no less than eight existing text-books on this little subject, some of them of goodly bulk, there could be an acknowledged want of a treatise, unless the existing ones were individually insufficient, and, therefore, disparageable, we must leave Mr. Hindmarch to settle; and, difficult as the subject is, with which he has most vigorously and ably dealt in the book before us, we think he will find, that, to reconcile the antagonistic assertions suggested by his modesty in his preface, will present to him a still more intractable difculty. At common law the Crown could, by its prerogative, grant an exclusive privilege to a subject for the exercise of a new invention, whether it were the invention of his own brain, or a new art imported by him from abroad; and many old cases are cited by Mr. Hindmarch to prove this, (see chap. 2, pp. 7 et seq.) Indeed, in those early periods of the history of this country, when mechanical inventions began to play their part in the trade of the country, our own people were too ill informed in general to be themselves inventors; and nearly all the early cases upon letters-patent for inventions in the useful arts, turn upon importations of new arts from abroad: hence, no doubt, the celebrated resolution in Edgeberry v. Stephens, (7 Salk. 467), that, if an invention be new in England, a patent may be granted, though the thing was practised beyond sea before,a construction of the language of the Statute of Monopolies which the natural sense of the word "inventor" would hardly justify, and which is explicable only by reference to the fact, that, at the time when the Statute of Monopolies was passed, there was scarcely such a thing known in England as indigenous invention; and, therefore, to have excluded from the benefit of the statWe do not like these mock-modest prefaces. If a ute, the discoverers and importers of foreign inventions, learned 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 "moA 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 a 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 mistaken; that the preface was merely a piece of parade; and that the book is a very good one in all respects. The law of patents is one of peculiar difficulty. Fully to understand its application, requires not only the ordinary knowledge and the ordinary legal judgment of an accomplished lawyer, but a very considerable amount of general scientific knowledge, or, at least, that quickess and sharpness of apprehension, that accuracy of judgment, and, above all, that aptitude for perceiving distinctions in matters of science, which pre-suppose a nind imbued with general knowledge, and rendered acute and penetrating by practice and much thought. The subject-matters to which the law of patents has to be applied are so various; the distinctive characters of several inventions are separated by lines and characteristics so fine; the difficulty of separating the practical invention from the abstract theory in matters of invention is so great; that the wonder is not that there should be found occasional obscurity and occasional contradic The fundamental principle of a grant of letterspatent for the exclusive use of an invention is, that the inventor, representing to the Crown, and establishing to its satisfaction, a primâ facie case, that he has invented or imported some manufacture new in these realms, entitles himself not of right, but as of grace, or, according to the modern understanding, puts himself in a position to bargain with the Crown, representing the public, to obtain a grant of an exclusive right of using and vending the new manufacture for fourteen years, provided it is a manufacture,-provided it is a new manufacture, provided he is the real inventor or first importer, and provided he also, by a suitable instrument, called technically the specification, teaches the real grantor, the public, how to use the new manufacture at the end of the term of the grant, as well as he (the patentee) himself knows how to use it. If, on any of these points, the patentee does not keep faith with the Crown, i. e. the public, the consideration of the grant fails, and with it goes the grant itself, Hence the rules relating to the title or denomination of an invention, inserted by the petitioner for a patent in the petition, in which he represents to the Crown what it is that he has invented. If A., for instance, represents that he has invented improvements in the machinery by which the movements of the heddles of a loom are regulated, and, in fact, he has invented some new mode of connecting the heddles with the harness *, he is obviously not stating to the Crown, the real consideration on which he grounds his application. It may be, that the Crown, i. e. the public, is well apprised that it could obtain from B., or from abroad or otherwise, without the aid of the applicant, and without giving any exclusive privilege, the invention of the new mode of connecting the heddles with the harness, and would never have agreed to give to the applicant an exclusive right for that invention, if it had been informed that the discovery of that was the consideration offered. From the terms of the contract, also, flow the inquiries that have been made into the true construction of the Statute of Monopolies. The Crown has no authority, since the statute, to grant an exclusive privilege, except for a new manufacture. Hence have arisen the discussions relating to the meaning of the term "manufacture,”-discussions which have terminated in the general doctrine, that a manufacture, to be within the statute, must be, in some sense, the embodying of a principle; that is, the mere discovery of a truth in science will not satisfy the words of the statute; but the discovery must be in itself a substantive thing, or else it must be some mode of dealing with matter, so as to produce or act upon some substantive thing, Unless this character of substantiality is impressed upon an invention, it is not an invention of a manufacture, within the meaning of the statute. (To be continued). COURT OF QUEEN'S BENCH. April 23.-The court will, on Monday next, the 27th instant, deliver judgment in the following cases:Solomon v. Lawson.-Griffiths v. Lewis. Alfred v. Farlow.-Reg. v. Douglas. In Stuart v. Wilkinson, in the New Trial Paper, at the commencement of the argument, the court suggested that a stet processus would be a proper end of the cause; and Lord Denman, C. J., said, "It is thought by many, that, if a verdict is set aside because the jury have done wrong, it must be upon payment of costs; but that practice has been long discontinued in this court, and I believe that it will shortly be discontinued in the other courts. In setting aside a verdict, this court looks to the nature of the inquiry and the other circumstances, and exercise their discretion on the question of costs." The rule in Stuart v. Wilkinson was argued and made absolute. MASTER IN CHANCERY.-The Lord Chancellor has appointed Charles Marsh Lee, of New Sarum, in the county of Wiltshire, Gent., to be a Master Extraordinary in the high Court of Chancery. * For our readers uninitiated in manufactures, we will explain, that the heddles are certain levers, one set of ends of which is connected with the warp of a loom by strings termed harness, and the other set of ends with machinery of various kinds, by which they are moved up and down at stated intervals, in order to separate the threads of the warp at such intervals as are required for throwing the weft across and between them. London Gazettes. TUESDAY, April 21. BANKRUPTS. SAMUEL METCALFE LATHAM, Dover, Kent, banker, ship agent, dealer and chapman, May 7 and June 9 at 12, Court of Bankruptcy, London: Off. Ass. Whitmore; Sols. Bridges & Co., Red Lion-square, London.-Fiat dated April 17. ROBERT STEPHENSON, Southwick-street, Hyde-park, Middlesex, apothecary, April 28 at half-past 1, and May 29 at 1, Court of Bankruptcy, London: Off. Ass. Belcher; Sols. Chamberlayne & Meaden, Great James-street.-Fiat dated April 17. THOMAS ELISHA DEACON, Comer-hall, Hemel Hempstead, Hertford, tanner, dealer and chapman, April 27 at 2, and June 1 at 11, Court of Bankruptcy, London: Off. Ass. Turquand; Sol. Matthews, King William-street.- Fiat dated April 17. RICHARD BRAILSFORD, Enfield, Middlesex, common JOHN BURGH CRAMPERN, Wharf-road, City-basin, JOSEPH SALMON, Beaumont, Essex, carpenter and build- JAMES WALKER and BENJAMIN WILLIAMSON, Leeds, Yorkshire, share brokers, share dealers, and copartners in trade, dealers and chapmen, May 5 and 26 at 11, District Court of Bankruptcy, Leeds: Off. Ass. Freeman; Sols. Smith & Co., Bank-street, Leeds; Wiglesworth & Co., Gray's Inn, London.-Fiat dated April 17. WILLIAM CROSS, Weymouth and Melcombe Regis, Dorsetshire, coal merchant and ship owner, dealer and chapman, April 30 at 1, and May 27 at 11, District Court of Bankruptcy, Exeter: Off. Ass. Hernaman; Garland, Dorches ter; Terrell, Exeter; Sowton, Great James-street, Bedfordrow, London.- Fiat dated April 16. JAMES TOPHAM, Brewood, Staffordshire, road contractor, May 2 and 30 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sols. Turner, Wolver hampton; Smith, Temple-street, Birmingham.—Fiat dated DANIEL ANTROBUS, Audley, Staffordshire, apothecary, April 13. May 12 at 11, and May 29 at 12, District Court of Bankruptcy, Birmingham: Off. Ass. Valpy; Sols. Williams, Hanley; Smith, Birmingham-Fiat dated April 16. WILLIAM BENNETT, Wolverhampton, Staffordshire, ja panner and tin plate worker, May 5 and June 13 at halfpast 10, District Court of Bankruptcy, Birmingham: Off. Ass. Christie; Sols. Brown, Bilston; Smith, Birmingham. -Fiat dated April 9. THOMAS ALLEN, Littleworth, Castle Church, Staffordshire, hotel keeper, shoe manufacturer, dealer and chapman, May 5 and June 13 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Christie; Sols. Flint, Staffordshire; Motteram & Knowles, Birmingham; Read & Langford, London.-Fiat dated April 14. |