The Express.
London, England, 1865-01-25 00:00:00

a 4

LAW INTELLIGENCE. • iltet Qtr c te 4bke • peat
w Mgr: lllll.dirprive itself of the use of as spat sad the
D•111~7 &heal MI purposes of the realm, but whiffle
wail hoopoe to the use of foreign natiow ? A claim is
introduced into all the later patents, and orstesoplated on
the hoe of one of the sots of parlianiest m the latter gab-
jeot, whist provides that if the mows thinks it to cell in
• patentee to supply the crown with articles of his manu-
facture the terms of payment mast be arranged boniest
himself sad the Treasury. That applies whim the patent
ill foe as snide of m•nefsetun, bid we are dealing here
with one of a number of things which is not en article of
ra&safactore, but such as could only be used by him or ro-
amed by him if he wire &shipbuilder.
The Lord Chief Justin said the object of &plant*. was
to makable discovery known, ma not to lock it up. it was
by ita being know. and adept :id by others that he was perm-
mardy inmate&
The Attorney General—l aaa mention a grist many
names of persons who have bought up paten,.. simply for
monopolieiog them, and prevent their teeing used, and the
Admiralty feel that mon than thy one else. It was eel to
be elleoted that the crows was bound by therm patents,
bemuse a patent is but • license or privilege of trading as
bdween.subject and subject, but not against the crown ;
but the supplied will have )(ear lordships hold that the
crown grants a privilege to • subject above itself. Now I
cannot usdentead the erowu granting • privilege against
itself, and that plans the mows below the subject in that
respect. Then were say two oases in which the question
could be raised ; one was "Tobin v. the Queen ;" mud the
other, "plate v. the Queen." The crown did sot think
it &sushi, to raise the question then, but from the multi-
plitsity of these asses it had become necessary.
The Lord Chief Justin—Wu not :the practice with re-
gard to patents loeseerly very different If I recollect
aright the diffmeat departments of the date which adopts/
patriots and to pty for them like asy one else. Are we not
indebted for this OM te the law oMeses a the down
The Attortey•Getersl—Not so, bat from the pressure on
the different public departments, which ate now almost ob.
strutted by them.
The Load Chid Joliet—There could be no doubt that
laments up to this time have looked to their adoption by
the public departmeists as a peat gourd of remuneration.
lie Atteesey•Osseral-1 fully concur In that, and when-
ever a really sensible sad raeritonous invention is adopted
by the public departments there Is the lOW disposition,
without Tearoom to legal liability, to deal liberally with
thorn as heretofore. Investors and patentees have received
large rewards from the crown, and I hope they ever will be
liberally remunerated.
Mr. Justice Blasithurs—Then is • great dilemma be-
tted • patentee having she right to demand earapeamtiou
for his discovery and his depeuding on the good will et a
public department.
The Attonasy-General, in theoludieg his unseats, said
—lf my arguments fail, and it is held by your lordshipa
that the crown can tatting. a patent, that I orratead that
this slain, betas in ten, the proper• remedy is by action
against the person. wbo have isf sapid it, berates the
Common Pleas has held in the ced of " Tobin v. the
Queen," width was in tort, the remedy was by notion against
the isdividuele, sad not aphid tho clown.
The Lord Chief destioe—lf that be so, sad It appears
to be so, we will bear Mr. dovish upon that point.
Mr. Bovill—la applying myself to the point raised in the
case of " Tebbe v. the Queen," I mad first pretest against
the argumonta of the learned &donee -GeseraL The ease
of "Tobia v. the Queen" was DOS aatsgon to the present
case. There an alkor of the navy, without thy instructions
from the crown or the Leeds of the Admiralty, did • par-
Scuba set—that of ionise and destroying the property of a
sit= under, as he alleged, the prisndoes of au act of
ant. Aad according to the view of the Court of
mmon Pleas, the ofileor was not acting midst such cif-
cumetances as made the Lords of the Admiralty responsible
for has sots Besides, there wins twofold remedy in that
case, via. spinet the party wbo did the wrong—Ossetian
Shako Douglas—and the other, the remedy under the Skive
Acts, nadir which be was acting. Assuming the wrong com-
plained of has been done, the only remedy is by petition of
right. A patent is in the nature of • monad. It ie not •
grant of favour, bet an apeemest for • niewitarimm haven-
ties forth. benefit of the slate. It he sot a question el
tort, for the crown egress with • patentee to pant hies
letter of patent upon Sling his specification within de
months, and be will allow ita use publicly at the end of
fourteen years. The argument that the crow. might
use it without paying for it within the few-
tom pease was likie a patentee granting the era
elusive sight to another pert" and this weed it after-
wards. The effect of a charter or patent grimed in the
terms eased in letters patent is not to have placed on it •
street and marrow intecpretatioa, but • liberal sad favour-
able construction for maids' them valuable, in law.
The Lord Chief Justice--The mown claims to ad es
mediae to its eoeveriiesee, bat it might na to the pa-
tent" furnish m. with thee articles at • price; ert
if it those to furnish them itself, it has a right to do Do.
Mr. Bovill—But that cannot he ; for there is not • trees
in the expedites of any living man of the crown having
asserted its right to use patents without payment to the pa-
tentee.
The Loma Chid Jsetice—Tbere Is so doubt investors
ban prosseutad and completed inventions, aid they have
taken oat patents is matte's of this sort Ia the hope that
they eight area* • terse rserseenruse fest that adore-
tilts by the government.
Mr. Bodli—And for • great many year, that has been the
OWL
The Lord Chief Justice—Gee regrets that this right on
the part of the crown should sotban been does
if it intended to exercise it, so that patented. might not be
hardly dealt with is being told after they have °Maimed their
pateste that the public service is entitled to use them with-
out paying for them. Mown, we mast deal with the
law as it anode.
Mr. Bovill—And the astounding proposition is annouuced
Dow for the first time that the guess is entitled through
the public departments to take what is the supposed private
property of individual' and • nit without rename-
ratios. In 1816 Sir William who was then the
digester if the artillery department at Woolwich, was re.
drained from the is .1 Mr. Walker's rated. Sir Wilhelm
Omereve had supplied amnia articles and be was charged
with a bench of the patent, and be was retrained by IN-
josslion ; bet it was set set op that Sir William Compete
wee at liberty to am the lineation for the geodrot th•
patella terries. Lord Elden considered Sir William Cos-
grove was sot entitled to nes the patent, but from the
nagesey and the seeessilles of the cam he was allowed to
supply the articles for the government, as account, how-
ever, being kept foe the remuneration of the patentee.
The pewee of the crown has reference only to the
peeing of a privilege, and not to say right Is
the invention, having no knowledge of it ; and it
wee very different from those grants where time
was some prerogative right, or • presumed peemplin
right, pemsesed by the crown, snob ea a gnat at • fair or
market, and franchises of that character. After referring
to the antra authored« quoted by the learned Attoreey-
Genera, he said if the ease is to be determined with
to coesideratione of public policy, bow can any oaks=
state rim up in his place and say it is public policy is
one.. of munitions and implements of war so drive envy
investor to fields torados, because the inevitable resell,
if 1/sir lordiehipe' jadgroset should be in favour of the
crows, will bete do that.
Mr. Justin Mellor—The probability rather is that they
will mill their secrets to the government of thin touttry.
Mr. Justice Blsokban—That is hardly a question for us.
If, however, these diseovesies an made kocans to fardp
governorate through the speci6ostiocs, we are no hitter
elf than if the discoveries had not been known.
Bovill—Thie is an encouragement for the reward of
the inventor, and why was the crown to take palmation
al it when it becomes • valuable property ? The defence el
the realm Is • very important matter, sad the isesurage-
meat and improvement of trade and manufactures Ia
equally as important, and that is moot the objects of a
pates& The policy of the law is, that • patent le for the
pablie good, and that being so; and also for the private
benefit of the inventor, why should not the crown be re-
strained from its use ?
The farther arguments in the OW wens adjourned till
Friday. _

COURT OF QUERN'S BZNOR.—JAN. 24r
Haw—( s Iwed Clusi Jades Ooehlosy.
sad Jostler Osompbasi, iilsakaq W subimo
This was spesial paper dAy.

mann e. Tsu 41311111.—DIPOSTAITT TO UTINTU*
The owe game before the court on a demurrer th the
declaration le a patios of right ebbing damages for al
aged infringesseat ef the supplied's paled in the orm-
streetien of the Beiseprist
The Atteeten-Gensial, the flalieitervOeserd. Mr. Thins,
Q.C. Vs- Webster, Q. 0., and Mr. West appeared le sup-
port of the demurrer ; Mr. Bovill, Q. 0., and Mr. Jos.
Browse appeared fee the petitioner menet It.
The Attomey-limeral sold-1 appear, my lorda, to sap
pen a gesieral demand by the crown to the pinkies of
• right ; but I will filet state to your lordship the ace al it
appears epos the pleadimp, and thee the pinta Much 1
to submit for youriadgment. The petition of risl
,
propose to
made& en the 24th March, 1864, wee
slaeLLy miter, sad it slake diet the suppliant was the t
end tree hinder ef se iamb et Gmbh imadaderte tad
improvement le thseenstrestim of ship, aod the rendering
of than aad boats taper does toshot • ,tied seemidly. that by
letters pad nab the great sad, dated 36th November,
1102, her Majesty, "far h.csslf, her bin, sad see-
COMM gives sad grads mato the said Robert Barnard
Feather, his mentors, ko.. her special Buena.,
fall power, sole privilege, and authority to make,
ese, exercise, end vend the said invention within
the Oeilid Kilda" d Gnat Dribs aid Indeed,
the Clamed Island., tad the bale of Mae, kr a tone
of fourtme yens, epee median that the supplied
withia six modes caned to be filed the specification in the
usual way ;" and it goes on to my that he fulfilled the said
media*, and that be also sabered his Madame, to whin
paste of ts. The reptilian thee makes the material elk.-
km that her Majesty's Oemodesiders el the Admiralty.
in the exeoallos of their oMos, and in behalf of her
Majesty during the rid teem, and after **disclaimer, did
Wring" the said patent right otherwise that is relation to
the parts disclaimed—that is to say, is the construction of
the Enterprise, sad the suppliant etas e 10,000 i. damages,
be. The Crowe has set forth the blew pied, the ape.
encode, and the disclaimer. I shall have emend to COM..
inept on the kap** of the lobes pita* bad will pot do
further now than mestioe it, sod it also ode forth the spe-
animation and the disclaimer. The speatflosam origisally
mateleed three ebbs first, fir she modirietioe of vowels
in a particular weer ; secondly, for the liang et
the sides of ships or ether vessels and
Mitt,el so as to render them seers amen and lin-
genie= to einem shot ; and the ether, te the eon-
sanction of the decks of ships or needs of war, as shown
sr described as the specifiestlee. Bverythiag, however,
except the first perk de disclaimed, end therefore the
lanatice. as it sow stand* is reduced be an knead ter
improvennot in the ooestraotioa of ship or weisela ea as to
reader them stronger, lighter, mid more durable, by which
the patentee iv nabbed to effect comiderable seenetny is
the building of ship or mewls, and at the same time add
to thaw strewth, bnoyeaoy, sad durability, end also to
secure them against more exteeein or fatal injury, aria*
from leakage is the omitted* skips or vele* of wood
and bon essib.ieed, or what the rideatee terms, 11.14011
built vim*. • beard* to my invention I proceed as
follows :—The bottom sd lower part of the frame and
hall of the need is to he eonstrocted of timber, as hereto-
foe*, to abed ems half more or ism of the perpendicular
height of the week eatiesin of the bulwarks oe lop item
From that point or mark upwards, the vessel mast be sm.
almond of Moo. To cm, oat this object, alma or please
of iroa are raised • stanchises or made gallantly
etneg, and with equalised adds ben, see
anon the timber heads. main walls, bed odious,
over the hittooks to the keel, Wade and out-
wardly, as low as eaceinary, mid Andy bolted
through them, or, it preferred or ormidered mere *ditto.
lamas, the ins ribs or stenthions, with requisite nceivine
platen, could be introduced at switable distances as for
odds boa vemak. The becoming awes *been
the °Wimp and the walls an intended to be filled in
solid to a walkiset depth to receive the bolts and leateniop
of the iros ribs or stanahloss, the upper portico el the
main walk being laid dimpeally either way, with a view to
incensed strength. The stem sad dern pest to be manly
of timber or et ken been the bee of the sena streak op-
weds." The mews has, mond others, demorred to this,
limo the penal that there is so lied* on the part of the
crown ; sad the points for argameet es behalf of the crows
ere —lir* tint knees picket do sot peat to the pante"
any rights er privileges as apart the end, sot do the
letters patent contain soy prehibitioe again* the use of the
fanatic:is by the mown, or by her Majesty's sensate on her
behalf ; aeoosdly, that the minima, as such patootee, has
no right or valid claim as, spinet the Grows for an dived
infnegemost ; thirdly, that the petitioner is not entitled on
them preeeediege to newer mynah onammeatien er seas-
fades as ineetteeed is the minim, eed that so judgment
can be given in hie (doer ; fourthly, that the letters mast
and the great devoid, for the (Movies model other thin',
because the inveetioe esentkeed therein is sot such a new
mandadare as nen be made the neat of sack privilege as
is costaned is the petition ; and, Lally, that the specification
is not sulkiest, but co that I do not inked to amble
lordship,tesomes it is difficult to say if it coo be deteraisd
is demurrer Bofors. bower, I date preakely in what
meow I propose to present thew palate to your lordships I
may he permitted to make a few desnatiess, in ardor that
your lordship army properly eaderstand why the gamin
is brought seder you:educe. No doubt year lordships
are well aware that it has bees, and I hom it always wall
be, the pretties of the moire to reward bonny meritorious
inveations, whine diseeverion they find *ideal to the
public service. In some coda the crown has sot thought At
to pet the emetics into smolt a shape as to rake the rine•
ties se to the affect of letters patent against the crews,
home' idea bees thought hitherto plastically 'draina-
ge's, to allow the miter to primed wittiest raider them,
and that, at all events, ao isoonveithince to the public set-
vice her arises hem taking that coarse, but of lan years
the drabor el sew invidious, red and alleged, did of linen
paten* deeming ems them for alleged improvements in
the eseeindiesi of alp of war. and monition sod imple-
meets of war, sad may other thaw essentially ounmeted
with the peter deems of the cation. here mach iscroded
and multi Malay .1 thews sled doubt meritorious, and
diem el. very differed oharester. Many of them
may be fir the mei nevaersamiset, sad slimy may prove ob-
stmetiose of what is required for the public mace ; but,
be that as ft may, Ow .:teem. multiplication Red brew*
of each alleged negations has placed the public departments
of MO mews is emit omincrasement thee it in deemed im-
ported the law itheald be asoertaieed sad well understood.
Of mane, if the doers amid move, so we think we shall,
that the coma is sot reibused by letters latest, it is still
reserved far the web mi parliannot, if they think fit, to
take into esessidembe meritorious invedione ; but that is
a ban that dem net Woe( to the cedioary adminisua-
tin of judo* and her that roam, as I have stated, the
lime he. arrived when it le of the greatest importance that
the public sidle* .bad bow what the law really is on
the subjoin. Another eamideratioa is this, that, by a recent
nimble improvement is the its for which the country is
indebted to my harmed liked (iir. Bevil% who will argue
spinet me in this case, a new procedure has been estab
boded, ad patithaes of right are cow more easy
sad aseensible to the "object than cif old, sad its tee-
daisy has hem to rim* multiply petitions of right, and
it her in that raped alto become of great importance that
the law of petitions of right should he understood, and that
they should be limited le their proper dike and function,
rad both the, question" are raked in this Gene. I will now
premed to Mate the mists I hated to rely apes. Is the
first place I shall submit that these letters patent of then-
bet (and particularly this sow before the court) are to be
construed word* to the geoeral principles of law appli-
cable to crown pante, and that beim so, they will be found
not to reeked the news from Meg an inveotioe, or the
grant of ay privilege whatever as apnea the crown. My
Send point is this, that if the entrary cattleman were
gat upon such titers patent, particularly like that in this
law, which relates to alleged Meantime for the naval sad
military defence of the ortiatry, such letters retest would
be against poblie policy, and simply void as to redraft)*
the crows from its nee. The third point le this, that when
we coon to exandee the statutes sad authorities as to letters
palest for investiona, they will be found to on nothing
to invalidate, bat rather to support that methadon. Ad
lastly. I submit, if
athees;t7grorts should fail to recces.
died themselves to your iv tad you should bold
spied me on every me the, points, then the monody
aciesqueooe of snob a ocmclusioe is that the crown is not
liable on a petition of right hut if win* has been des by
individuals, whether by the Lords of the Admiralty or say
other porous, sad that if that le so, then the remedy is sot
by petition ot right spinet the crown, but by action spied
those who did the sapped wrong. I will now take she
litiody of madding your lordship of a few authorities on
the ipotesi subject, the prieriple of ematrootion appliaahle
to mate of the crown, and I think it might be divided into
three beede—fiat, that nothing posses from the aroma
inept what is eapresaly meatimeed la the at ;
what might be said to be a ocrolhiry of the first, that
mead, isms by implimtioa ; and thirdly, that general
words which accord* to their commie nee mast 'Delude
a particular 'abject will not blade a subject
is a crown grad V it touches or idecte the
preroptives sod rights of the crown. In tin nos of
• grant by the crows to a subject the rule was that it
should be coestamed beedrially for the crown and
against the emotes, where's a pant bared sub-
ecitmesiniwas conetrained mod strictly against the greeter.
weeds in a crown peat will Dot have the dad of
redreloind the powers, prerogatives, ko., of the crown in
regard to the subject with slat& they deal, aed with refe-
rent to that it will be se well to recollect that even in the
acts of parliament It is laid down and established sea gene-
ral pries* that thresh as add parliament is the highest
awerame et the realm, awl the awns is seememily a party
to every wit et peellement, yet arts ot parliament will sot
is that re biad the mown mhos lb. grows
is mimed tO
be booed is ggpr words, or Ibsl ma be orhootod hem
hi see& ways, eseh se from It. high public haver.
team cad the general attars of the legislation, or from the
214""iq of t e leflisultr *Owed, Is which, though the
deb le set mealleeed U. M &es which eased take
Wiest hialleg the mews. After some hither
=Vthe imessi Atiseseyaemed peasesied ki urge
eil he the pellies yd the ',wee by grant*
these letters palest it dessied been' et the tight to vae
ter the &deemed the maim any mesas et warfare whisk the
impsevemeets of edam may from Arse to time point
stw auk finpgrees, ke e georder wec
one.timeds4at
Om any ese Moshe, it weak* be emmistest via the

COURT OF EXCHEQUER.—Jax. 24.

8111114 s in I.lasoo. —Titre Lard
.1":111141. Dora!

sad Barons 'Mart* sal PirAL
NICROCADX O. LAsca.annui AND !OWE= RAILWAY
OCHIPANT.--JUDONIINT.. . .

This was an action for cerpensatreto&nieces for rjary
sustaised at the Mlrdeld Railway station, tried at Leeds, is
which a verdict was food far the plaintiff. It appeared
that the plaintiff wee a presager in a train whirs slopped
abort of tae statics, and by the dheotioa of a porter he went
behind the rails, and acme the liae, in order to get oat of
the station. It woe dark, and the plaintiff stumbled aphid
erne car, fell down, and received erne severe injuries. A
rule had been obtained and argued, to enter a nonsuit on
the ground that there was no evidence at negligees* on the
part of the eonapsny.
The Court now gave judgment in favour of the plaintiff,
being of nion that the tact of his being directed to go
across the hOll inatesd of by the proper way, over a bridge,
and this abeam of lights to guide the parings's, showed
negligent:le on the part of the company.
The rale wee discharged.

JAY= V. THE OOIIJTAL FINANCIAL couronavion (trinvim).
The plaintiff, a solicitor, broitglit this silks to recover
100 E, which be had paid upon applying for 100 shams in
the Oriental Financial Oorporatioa (Limited). He twined
a letter from the company stating that 65 shame had bees
allotted to him, that the amount payable apes them at the
rate of 51. per share was 3251., and that, &duties the
WOE already paid, them remised doe 225 E, of which pay-
meat was requested. It was further intimated in the letter
that unless the mosey was paid by • pertain time the allot-
ment would be cancelled and the deposit forfeited. The
Piiffellff made no reply to this letter, and also disregarded
other applications which were made to him fur tbe mm.w.
Ulawetely be walled upon the OMMity to rekarn the 1001.
but they reload, aaa be brought this -nation. At tie Mimi,
beim Mr. Baron Ileitis. at Guildhall, the jury, Os
direction of lb. loused judge, returned • verdet fai
lle de-
fendants.
Mr. IL Smith, Q. 0., now showed mu.. spied aMe
which bad bees *Wised by Mr. E. .Tasse, Q.C., to est
✓ide the verdict and enter • verdict for the OMANI la
1001. The blamed weasel castended that the erempairy wore
perfectly justified in forfeiting the deposit. If the ahem bed
been at • premium the plalatiff could have realised • milt
epos them ; but no bavhig remised • premium, Ito Ivied
we
may le gat al alt
them, bet to MOVIE bask the deposit,