The Express.
London, England, 1851-12-22 00:00:00

motion wince' was mule in the muse, mid was arrested as
It was neural. g Uwe.
Mr. Vil,rt..o oppose I the motion, on the ground of de-
viation. Defendant resided at Ilrompton, ar.d on leaving
the court went up ilett-street so far as rarringdon-street,
and the u returned end proceeded through Temple-bar,wben
be sr.e. arteatral.
The !taster of the Rolls said he considered this was such
• deviation as disentitled the defi.ndant to the protection of
the court ; but he would allow counsel, on a future occa-
to bring forward eases bowleg on the subject.

Biros, Tieremairmana Tress.
Catowett. e. VArITLMAZ:surt4 ; Tao SAMS v. Vila.]
Dna ; VIZ SAMS w. Reba.—LOWl'll PATtMT Seesaw
raoraLlita.—JtoonaNT.
Ilia Honour pre judgment in these eases, and and—
Then were motions for injunctions to restrain the defen-
dants from wing or exeicising, within the limits of Eag-
land, Wok., and Berwick:upon-Tweed, the invention of
James Lowe for Cie propulsion of vends, and from using or
employing any vessel Wrest with a serew.propeiler, without
the licence of the plaintiff. The plaintiff was assignee of a
patent granted to Lowe in 1838, whereby vessels were pro-
pelled by v..nes or blue.es pieced upon a shaft running
from stem to steel of the vessel. The defendants were
the owners of stools trading between Holland and Eng-
land, under the name of the Amsterdam Screw Steam-shin
Company. It was not denied that the defendant had been
using a screw-prom:der similar to Lowe's invention, but
they 000ttnded that the patent was invalid for want of
novelty. That the plaintiff had had no such enjoyment
under his patent as would warrant the interference of the
court until the patent hod been established at law, and that
there had been such an acquiescence on the part of the
plsintitf as precludul h m from obtaining the relief
be asked. Ills heiri,ur thought the defendants had not
established such acquiescence, but had made out such a ease
as rendered it incumbent on the court to require en action
to be brought to establish the patent, but not such a case as
required tile court to withhold its interference in the mean-
time. The dereedants urged, as a ground for noninter-
ference, that the et.sscl, the owners, and the seamen were
all Dutch. That no Englishman had any share in the com-
pany ; that the y were ignorant of the existence of Lowe's
patent ; and (hit their 1V,A.111 had been publicly used be-
tween England and Holland for 2i years. Foreigners must
be sulject to the laws of the country in which they may
!tippets to be ; and Ste. Story, in his work on " The Con-
flict of Laws,- stated that the right to make laws to bind
foreigners, either resident ur pausing through, was inherent
in all states. In England, the position of foreigners was
provided for by a statute, panted in the 32nd Hen. VIII.,
chop. 16, whereby it was expressly declared that foreigners
coming to ties realm should be bound by the laws. The
defend int., while in this country, his 'Lenoir thought,
must he sulip et to the r 4•111. But it was said that, with
regard .to patent., the case we, different. The crown
exercised control over the trade of the country,, and it had
power to grant exclusive right to trade in it during a
reinonahle 'HAM. By 21 Jar. 1., chap. 3, a period of
13 years wet given for such exclusive right. The potent
granted by the ere,. n gives to a party, his executors, admi-
nistrators, and assiges, and to sock others as ho or they
shall allow, and no others, the right to make and use the
patented article, nod this grant also gives the right of action
fur infringement. Foreigners coming into this country are
halite to actions for injury done to individuals, and why
we for infringement of a patent t and if liable to an action,
why may not this court interfere ? It was urged that it
would great hardship and inconvenience ; but if
British ships could not use the propeller without a license,
his maiiiur did nut ere how the foreigners could complain of
being required to it., the same. His honour did not find
from the evidence any sufficient ground for refusing the
aid or the court ; and he must grant the injunction, re-
suming the possess on and use of the propeller without a
beton, the plaintiff undertaking to bring an action to try
the validity of his patent.

MILNER F. lIAItRISON-PATENT FIRE PROOF SA/701.
This case, which bad occupied the whole of Friday, was
now resunat d.
Mr. Shilibeare was heard on behalf of the defendant.
Mr. Holt was heard in reply, and went at considerable
length into the adidavits to show that the accusations
brought by the defendant's counsel against the plaintiff and
bis wan."... were totally unfounded, and that the safes
sold by the defendant were infringements of the plaintiff
patent.
Ilia Honour reset red bb judgment.

Brooss Vs

PAiuus.

IN TOE MArrEit or THE Gurra NOZTKIIIN RAILWAY
COMPANY'S .ICf N.). I. ES I'AETI THE MATO/L, ALIMUA.
mr.s, AND CITIZENS or LINCOLN.
• •

The Holmes, a piece of land near Lincoln, Ins vested is
the corporation of Liocole, with a right of pasturage in free-
Met on the same from tune immemorial. The railway
company wanting portions of it for their line took so much
of it so was um...ay, umd paid the value into court, and by
virtue of an act passed is the last session the corporation
conveyed the portion of thu land wanted fur the railway to
to the company in fee simple. lly that act a portion of the
fund in court was appropriated to the corporation, and the
residue, with it, accumulations, was directed to be applied
for the permanent benefit of the resident freemen as the
Court of Chaucery should order upon the application of
the corporation, after notice affixed fur seven days on
the Town-had of Lincoln.
Mr. Itairgalhay, in support of a petition by the mayor,
aldermen, and eitiseus of the City of Lincoln, stated that
the requi.ite notice had been given, and said that this peti-
tion prayed, atter p.m-smut of the costs provided by the
art, for an inquiry what sum should be appropriated to the
corporation, and for the settlement of a scheme disposing of
the residue for the pi rulauent benefit of the resident free-
men of Lincoln ; and in answer to an inquiry from the
court, his said that neither the Attorney-Mineral nor the
freemen appeared open thu prestut petition ; but he sub-
mitted that the application was strictly iu terms in accord-
mai with the act. . . . .

TheVre;(..iceitor said the freemen might have im-
portant segue-team to make as to the proper application of
that portion of the fund to be appropriated tor their be-
sets, sad saggested that there should be a public meeting
of the freemen, who might entrust their interest to a com-
mittee to appear upon the petition.
Tar petition stood over fur this purpose.
IN Tax MATTER OP THE WAX CNA:PINATA' CON.
?ANY OP LONDON AND UP TEE LUNIKIN CITY IN-
rbIUVIMINT Acr, 1850.
The Wax Chandlers' Company obtained from King
James 1. a great to them and their successors of the Wax
Chandlers'-hall, in Gresham-street West, in the parish of
of St. John Zachary, and an adjoining messuege. By the
London City Improvement Act, 18.50, incorporating the
Lands Clauses Consolidation Act, the corporation of London
was authorised to widen Maiden-lane otherwise Gresham-
street West, and for that purpose to take parts of the hall
and adjoining buildings, and accordingly the Company of
Wax Chandlers conveyed the same to the corporation, who
paid the purchase-money of 1,0111. iuto court.
Mr. Bacon now supported the petition of the Wax
Chandlers' Company that the purchase-money might be
paid to theta.
Mr. Braden appeared for the Corporation of London,
and submitted to the court whether the company was an
incapacitated curporatioo within sections 60 and 40 of the
Land Clauses Consolidation Act
The Vic. '

however, thought the company
abaolutely entitled and made the order as prayed.

Rs CARRE'S TRUST INTATI.

The Vice-Chancellor made an order, directing a refer-
ence to the Master, in respect .to a certain suns in court,
belonging to the intestate's estate ; and also to inquire who
was entitled thereto, under the law of France.
Mr. lletherington, Mr. J. 11. Palmer, Mr. Kinglake, and
another learned gentleman, appeared for the various parties
to the cause of " Metairie v. Wiseman," in which the
validity of a will made by a Frenchman on his death-bed in
favour of Cardinal Wiseman had been litigated, but was
afterwards arranged.

RE TII• BIDVORD CIIARITT AND THU ACT 7TH WM.
I V.. FOIL MITTEN MANADINO Tun &MATS* DITZK ST
81a WILLIAM HARTUR KNIGHT, AND DANZ A.LICR,
HIS WITT, FOR viii SCHOOL AND OTMIS PUILIVIISS AT
BIDFORD.
This was the petition of the present trustees of the
charity, constituted by the above act or corporation, pray-
ing that an order of this court made In Mach, 1849, might
be discharged, varied, or suspended ; aM kw a reference to
the Master, to inquire whether °mate apitstioa Owe=
sums payable annually to the heed eteeitee eel the
the school in respect of every free bey le the esheel)wistst
be Masud or diminishaidassmate!net to mama Sand am pa
Marc. The order of 1849, had rim' Is le the
Kew to approve of shear for waryies eileadeas Ear
peed into effect, and If be thought it peeper to nestles en
eption to pertained libe se set to mishits the dimity
lrihsase. The *West of the mew M Marsh, 1116, wee to
sobs ea worts". of the dusky whew 13.1111,==
tie debt of the delft. awl to ahoy the
The emotes bad ease 1840 pea* loaned the debt doe
fr the charity ; sad they, belayire of 'plates hat they
maid am free the charity frea debt without the obi aft
est et bet
sad that it wield be ter n
e't ef tlw tit
setae n
allbil• were paid, whet, by their preemie palsies. the the
peeeediege is the Ilester's 'lke with a view le as mit of
might be dosed. The pettliessee Mead thea
Lirtdminseater resolved 2308. as a yearly rimy old bed a
sesbleace, and also a lee In respect of every free hey la the
school, which fees ia eel jeer ementated te Aiwa 11104 end
that the usher sod erlieaaYee4 smear ales seselest ht
addition to salaries like Ow la a Sewer sweat ;
sad the petitioners saggesMd that k had set bees eseleeN
shied that the espitatiost free veal& amore r el=
some, and asked that the even sheald modem w
she hes to some tiled amount
Mr. Calvert and Mr. Schoolboy appeared tor the peti-
Um and Mr. W. M. James for the Attoreay-tismoral. Mr.
Thrum appeared for the wanks end fellows of New Col-
lege, Oxford, the Mikan of the school, and he Dr. Brae
Mei, the head-master.
It appeared that a seed deal of angry hang had ge
ztget;seen the traMom at the charity owl Me wardealla
of New Calve. the former &dies • IMAM la
the eppropriatioa et the to the gwassaer weed hit
the leash of the ether eldeets of the id% whit the
Aiwa were swim . Ilw Ihimeed aesemewheies dad ad_
_

coatis& for the slastlaall schaci. Thaw dillbriacia Wooed
• laiop awn of Mims as I. the itapeaditar• of In cha-
rity end verfeem Mbar la Mwatlisc
ail, of which it would sot
be imeldble mike ewe
The The Cbeessillier deellsed se greed the appliellies,
dia set Ilia it Add Mb es es ern
ender of the men eededed thetas
ebeememetee of the dimity bed bees y altered. He
weld mem the Santis of ems.