The British Press; or, Morning Literary Advertiser.
London, England, 1818-08-04 00:00:00

ouvetson U. SMITH and mine.

The SOI.I6ITOa GENESIIi tWovirtiifo► rt; injuries
to reAraiti the Defendants from selling. or
otli!ra;vc disposing of the cargo of the ship Ad sal
itrir arrived from the South Seas. and that a
rece.ver int4ht he appointed. The Plaintiff was a
creditor of a person of the name of Raines, who as-
k„ ted over to the Plaintiff the cargo of the ship
Mum. then on a voyage to the South Seas, as a
security for his debt, subject to a debt of 10001.
to a Mr. Bell, and also that he should pay the ex-
penses ;rl.itive to the cargo, alter which he (the
Pl4llO 11) was to take his debt of 5.0001. ; Gild if
any surplus of Oe proceeds remained, he was to
hand them over to Raines. Itt the month of April
list lttiow became a hosoltrupt, and the ship air-
lts-.1 it. the port of Loudon in I tat month. and was
t.keit pusseseion of by the Di-feuding* Smith and
. Procter, as the assignets of the iiai.krupt, toad
they refused to give up the cargo to mite Plaintiff.
At the time of the assignment in IBIb, the ship
any is she Soath Seas, and it was impossible that
the Plaintiff could get po ion of it. lie was at
a loth to 01111CtiVP hut grounds this motion *as
1" ho oppose.% except there was sin Catlin in the
I,sintss; but that was decided itt the case of the

ship li'arre. lie would, therefore, wait until he
heard the objections. and reply to them.
Mr. EIXTVILLS followed ou the saine'side.
Mr. Ilsar said he was Counsel lir one of the
Defendasits, Allan Heil, who was in a similar situa-
tion with the Plaintiff: and whose claim was recog-
ied iii the assignment of the Bankrupt to the
Plaintiff He had therefore to request that his
Losiitahip would take the cargo into his possession.
until it Wm decides' cat law who We property was
properly vested in.
Mr. flirta. said, he appeared for the Defendant
Meyer, and all he had to ask was similar to that
requested by his Learned Friend, Mr. Hart.
Sir Samuel. Kouto.t.v, Comorel for the De-
fendants Smith amid Procter, said that his Lordship
had heard two sets of Defendants supporting the
case of the Plaintiff. As to the claim of the De-
feudant Bell, be did not know what it was, although
the Plaintiff had been kind enough to acknowledge
it. As to Messrs. Meyer., it could not stand for a
moment, as he received his assigoment after Baines
bed executed an assignment of the same property
to *mother. It was clearly a case that came milder
the Act of King James. The Plaintif did not ssk
for the earning of the ship, but for the cargo, with-
out taking into his consideratiou that the Captain
and crew must be first paid out of the earnings. fit
fact, it was a mere assignment of cargo where there
was none. It was true, the Plaintiff could not ex-
ercise or take possession of the cargo, but there
were other things he might do. lie might have in.
eared the skip and cargo, but be left that to the
Bankrupt to do, as if they were his own property.
The Bankrupt absconded to a foreign country on
the 16th of April. and never surrendered to the
commission of bankruptcy, and it appeared that
the Defendant Meyers had no intimation of an
arsigetaret being mask to him by the Bankrupt
until two dors after he had so absconded. Under
those circumstances, he was convinced his Lordship
would not grant the motion.
Mr. Heinz and Mr. WILILY followed ou the
mole side.
The LORD CIUKCILLOII—" The first question
for the conideratiou of the Court is, whether any
property on bawd the Adam would pass by this
assignment? and if it would, it could only be to the
property on beard when it was executed, not what
was pat on board afterwards. I therefore think
the best thing that can be done for all the parties
is, that the cirri should be sold without prejudice,
keeping an account what part of it was on board
before the execution of the assignment, separate
from the remainder, sod then let the parties, by a
mutual arrangement, present a common Petition in
bankruptcy to me, and I think I will be able to
dispose of the case in that way."
The Soucyroa-GsnaitaL--" I am perfectly
satisfied, on the part of the Plaintiff, at what has
beets proposed by your Lordship. if the assignees
will undertake to be accountable for the proceeds
of the .cargo."
The Loins CHANCILLLOR—H They are, and must
he aecosatable."

PATENT.
MANTON V. SAW TORS.

Mr. AGAR stated this was merely a question
whether • person entering a ease.' at the Patent.
Ass. spinet the proposal of a person fora patent,
should prevent the latter from ever °knitting it.
The Plaintiff had sent in his proposal for a patent
for certain new and curious fire-arms, into the
peeper office, in the month of March, 1817, and
the Defendant entered his caveat, which his Lord-
ship kesew must lay twelve months in the office be-
ton the Plaintiff sould apply for his patent, which
nsttw eertaialy a case of great hardship. In March,
ISIS, the Defendant not having taken say further
steps, the Plaintiff applied to be allowed to take
out his patent, and notice was ordered by the At.
torney•Genetal bp be served on the Defendant to
appear, which he did by another person, who stated
he was in France. The Attorney-General allowed
him ten days further to appear, which he not doing.
the Attorney-General granted the Plantiff his pa-
tent, and it war accordingly sent up to the Great
Seal for its 'auction, on which the Plaintiff entered
a curter in the office of the Great Seal. He. the
Learned Counsel, was certain, that his Lordship
would see that those proceedings were vexatious on
the pert of the Defendant, sud thst he would
direct him to pay the costs of these proceedings.
Sir SAMUIL Ilostm.v, Counsel for the Defen-
dant, mid that the meaning of a caveat was to pre-
vent a person front obtaining a patent in less titan
12 months. Ili" learned friend considered this a
hardship: instead of complaining, lie ought tospply
to the Legislature to shorten the period. When the
12 mouths lied elapsed and the patent was applied
for by the Plaintiff, the Defendant was in France,
and the Attorney-General granted it, and the De-
fendant entered his caveat in the office of the Great
Seal on the 15th June, and subsequently the Plain-
tiff inquired if he intended to insist on the caveat,
and he answered that he did, as he had strong ob-
jections to the patent, which he was willing to skew
tit Ins Lordship.
The LORD Cusaccr.i.on.....“ What are your
objections, Sir Samuel ?"
Sir Sautnitt. ROMILLY—" The invention itself,
my Lord."
The Loan CH•scEtt.on--" I will inspect it
in sty private room."—(fle retired for that pus.
Pc".)
The Lan. CHANCELLOR. on hie return, said—
" I have ;inspected this invention, and, according
to my judgment, it is a very curious and difficult
thing: let the Plaintiff hays his patent. Hand toe
up the affidavits, and l will dispose of the question
of costs after I have read them."
Patent granted.

The Jack Tax, --, (ruin Jamaica has, arrived
in the Downs.

Letters from the Cope of Good Elope, to the
10th of May, slate, that Mr. Moue ALEXANDER,
the Colonial Secretor?, died ou the 6th Slav, of
a violent dysentery, which carried boon off on the
short spade of two days. Mr. ALLIANDER W.
cousin of the Earl of CALEDON. lie Will Is heat-
her of the late litali Narllrwrul, from *hick he
wan tratisfertial to the lltllrer,tll ! louse of Com-
atinia, and filled site Aire of Chairman or the
l'ionotittee of War; tint! Menus., isi the ailmini•tra-
timi of Nr. ADDINGTOI (wok. Lord Siamourti).
Noy Mainers were ample and uti.iffecrt.th and bit'
disposition wits kind mud li-wildly.