The Sun.
London, England, 1822-10-26 00:00:00

THE ARMY.

The second and last Division of the 15th (or
York East Riding) Regiment of Foot, Lieut.-General Sir M.
Disney, K.C.B. Colonel, consisting of four companies, under
the command of Major Maxwell, embarked at Liverpool on the
23d inst., and sailed for Dublin on board the undermentioned
vessels, viz. Duke of Wellington, Earl of Annesley, Duke of
Athol, and Marquis of Drogheda.
Major-General Lord R. E. H. Somerset, K.C.B. Inspecting
General of the Cavalry in Great Britain, will inspect the 3d (or
King's own) Light Dragoons, Lieut.-General Lord Comber-
mere, G.C.B. Colonel, to-day at Chichester.
The 65th (or 2d York North Riding) Regiment of Foot,
General T. Grosvenor, Colonel, is expected to arrive shortly
in England, from India.
The 20thlor East Devonshire) Regiment of Foot, Lieut.-
General Sir AV. Houston, K.C.B. Colonel, embarked at St.
Helena in March last, for the purpose of relieving the 65th
Foot.

The 17th (or Leicestershire) Regiment of Foot, General J.
Champagne, Colonel, has received orders to return from India
to England, where its arrival is also shortly expected.
The .13th (or Ist Somerset) Regiment of Foot, General E.
Morrison, Colonel, has been ordered to India, to relieve the
717th Foot.
One troop of the Royal Dragoons marched yesterday from
Canterbury Barracks to Deal Barracks, and another troop of
the same corps marched at the same time from Canterbury to
Hythe.
Yesterday Major-Gen. Lord R. E. IL Somerset, Inspecting
General of the Cavalry in Great Britain, inspected the Ist Royal
Dragoons, in this City. Two troops of the above corps, were
withdrawn from Deal and Hythe, to attend the inspection of
the Regiment, which will bekreplaced by two other troops this
day.—(Kentish Gazette, Oct. 25.)
WIGAN VOLUNTEER LIGHT HORSE,—We
briefly noticed, last week, the departure from this town of the
Wigan Volunteer Light Horse, commanded, by Capt. KEARS-
LEY, after the usual period of training and exercise. We have
since had the satisfaction to learn, that their reception at home
was highly gratifying, not only to the feelings of the individual
members of the troop, but to those of every person who had the
opportunity of witnessing a voluntary, unannrious, and univer-
sal display of loyalty, much beyond any thing which could have
been evinced on the occasion, if there had not been a general
disposition publicly to testify an approbation of the motives
which led to the formation of the troop, and of the conduct of
the officers and men in training and disciplining it.. Before.
their arrival at Ashton; 5 miles from Wigan, they were saluted
by a body of Gentlemen, including the Mayortllustice, Clergy,
and several of the gentry and merchants of Wigan, who had
come thus far on horseback to meet them ; and, on entering the
boundaries of the borough, a merry peal was struck up from
the bells of the parish church, the steeple and yard of which,
from some recent public improvements, now command a view
of the western approach to the town. The hilarity of the scene
was heightened by the waving of flags and banners from win.
.lows crowded with elegant females, and from the public streets
being filled with thousands of well-dressed people, from the re.
spectable tradesman to the industrious and valuable mechanic,
who seemed to vie with each other only. in good humour ant.
expressions of friendly salutation. Previously to the dismissal
of the troop, the Mayor, on behalf of himself and the gentle-,
Mien who attended him, invited the whole body to partake of an
entertainment which had been previously provided at the Royal.
Hotel. The " set out" on this occasion consisted of every de.
licacy of flesh, fish, game, and fruit, and did infinite credit to
Mrs. Clare, the hostess, who prepared it at a short notice, as
,
did the general management of this really handsome treat to the
Gentlemen who superintended it. The worshipful the Mayor
presided on theoccasion, assisted by Mr. Alderman Gaskelland
John Thompson and. Ralph Greenough, Esqrs• who officiated.
as Vice-Presidents ; and a very numerous and highly resp.ect-
able company, after heartily enjoying as happy a convivial
• afternoon as ever was spent, took their leave of each other, with
Mutual sensations of satisfaction and delight; which can only
be properly appreciated by those who had the happiness to be
I present.—(Liveipool Courier, Oct. 234 • • •

LAW INTELLIGENCE

COURT OF KING'S BENCH, FRIDAY, OCT. 25.

PATENT RIGHT.

THE KING ON THE PROSECUTION OF SALMON AND
ODY V. LODGE.

This was a proceeding on a writ of scire facia:, at the instance
of Salmon and Ody. Both.the pliantiffs and defendants claimed
under theirrespective patents, for an improved truss. To de-.
termine which of them was entitled to a patent for this inven-
tion was the object of this suit.
After the Jury was sworn, a long discussion took place be-
tween Mr. SCARLETT and the SOLICITOR-GENERAL OR the
pleadings in this cause.
The SOLICITOR-GENERAL then addressed the Court and
Jury, for the defendant. The case which the Jury had to try.
was as clear as any that ever came into that Court. The law of
patent was so generally understood, that explanation might 'be
deemed almost superfluous. In no country wes the humati-in-
tellect so successfully exerted in discovery and inventions as in
England, where the successive ingenuity of individuals had
carried the arts, the luxuries, the conveniences, and the comforts
of society to a point unknown in any other part of the world,
whether in ancient or in modern times. The English Constitu-
tion had wisely vested in the Crown a power of rewarding the
ingenious—not indeed by direct pecuniary gratification, but
by conferring on the inventor an exclusive -privilege of ex-
ercising hiS invention for a term of years, during which
Period he was 'protected against the competition of piratical
imitation without especial licence. A property more completely
vested than that of patent right he defied Any one to suggest.,
There was, however, one fundamental condition to the establish-
ment of this species of a right—that condition was, the novelty,
or rather originality, of .the invention. To sustain a patent, it
must be shown that the invention be new. The Plaintiffs bad
obtained a patent for a certain instrument, of great utility to
such as were afflicted with hernia—a very frequent complaint,•
-.and more generally known by the term rupture. The plaintiffs,
as it was elicited, had invented a certain reverting spring united
to certain pads, with male and female screws—for which im-
provement or invention the prosecutors laid claim to an exclu-
sive
_privilege. The advantage obtained by this species of spring,
especially in young patients, was the getting rid of the great in-
convenience of superfluous pressure, by which the patient was,
with the ordinary truss, liable to be injured. Now it so hap-
pened, that a patent had been obtained by a Mr. Salmon, about
the year 1811, precisely for the very same invention, as would
be shown by the most incontrovertible evidence.
A variety of plates and drawings were then produced, illus-
trative of the strap and spring, as differing or corresponding
with the invention and patent right claimed by the plaintiffs.
Henry Cock, clerk to plaintiff's attorney, put in the speci-
fication.
Mr. Hanson, clerk in the Enrolment Office, produced the
enrolments of the respective patents.
Mr. Fletcher examined.—Knows defendant ; he keeps a
shop for the sale of trusses in the Strand, at which he bought
the truss produced, in Sept. 1821.
Mr. Paternen knows defendant : was shown a truss, and
asked if he'had purchased that of the defendant (the one made
by the plaintiff was shown the witness by mistake.)—Being
shown another, he said he purchased it of the defendant in
October, 1812.
Samuel Harris, a workman employed in making trusses.—
Witness was employed for Salmon (the first patentee), and
made trusses between Itll3 and 1814, of the description pro-
duced. Witness resided some time in France between 1815
and 1817 ; has made trusses similar to the one in question for
Mr. Salmon, some years ago.
Cross-examined by Mr. S can LETT.—Has also made trusses
of the description shown Dinh by order of Mr. Ody, from a pat-
tern furnished him—cannot tell from the drawing—knows the
difference between convex and concave, but cannot tell by the
drawing whether the pad is on the concave or convex side of the
strap—witness did not say he made them with a pad on the
concave side, but will swear he has seen these in Salmon's
shop window with the pad on the convex side . two years ago—
did not make them in 1813 and 1814, with the pad on the con-
vex side, but will swear he has seen them before he went to
France—will swear before 1815 that he had seen one with the
pad on the convex side—has not seen any of that description in
France.
Mr. Donkin is used to mechanical trials respecting patents ;
has.read Salmon's Specification, and the original patent of the
Plaintiffs ; has compared them, and thinks the invention of the
springs not dissimilar, but are strictly alike.. There is no doubt
.that the pad is placed on the convex side. By the drawing it
appears to be equivocal, but witness did not in the least doubt
the pad was intended to be on the convex side in both specifi-
'cations. It would defeat the very object of the spring if it
were turned the other way..
Mr. Thomas Gill has examined the drawings and specifica-
tion.---" There is a great similiarity, I am sorry to say, between
the two patents. The merit of the invention is in the spring,'
and in that they are precisely the same."—Witness was shewn
an advertisement of his that was published by him, when con-
sulted upon the subject of these patents. Witness was em-
ployed to make out the defendant's specification from instruc-
tions he received front him.
Mr. John Millington, an engineer and mechanic, had read
the enrollment of these specifications, and examined the draw-
ings. Thinks they are alike and not dissimilar. _Has no doubt
to which side the pad is affixed in both—on the concave side
when the truss is not in action, but when put on it is on the
convex.
Cross-examined by Mr. ScARLET Tee-Witness understands
drawing. The drawings arc equivocal; and there is some am-
biguity about them. Witness cannot say which is convex. He
certainly entertains a doubt. The buckle is not allowed to
press upon the person—the buckle presses upon the belt.
Several other witnesses being examined for the defendant, the
SOLICITOR-GENERAL replied; after which, the LORD CusEr
JUSTICE summed up at great length.
Verdict for the Crown—which consequently determines the
Patent-right in the plaintiffs, Salmon and Ody.
:unlinks- v. THE EARL OF STAIR.
This was an action on a bond for 2,000 L, given by the Noble
Defendant before he came to the title, being then called John
William Henry Dalrymple ; the condition of the bond was the
payment of 2,000/. within six months after the death of the late
Earl of Stair. The defendant had pleaded several pleas—first,
that it was not his deed 9 • second, that it was delivered not as
, his deed, but given to Mr. Saunders to be delivered to Mr.
Murray after the death of the late Bail of Stair ; and also
that the bond was given on account of a gaming transaction.
The SOLICITOR-GENERAL stated the case for the plaintiff,
Who was, he said, a Lieutenant in his Majesty's service. His
late father was a clothier, and he had since transactions with a
Col. Morgan, to whom he advanced 2,0001., and for that sum
the Colonel gave him two notes for 1,0001. each, of Mr. Dalrym-
ple's. Afterwards Mr. Dalrymple, wishing to extinguish those
notes, gave for them the bond which was the subject of the pre-
sent action.. The bond was regularly attested.by Mr. Saunders,
whom he should call, and then should be entitled to the verdict
of the Jury.
Wm. Saunders examined by Mr. GURNEY.—I am an at-
' torney. I saw Lord Stair, then Mr. Dalrymple? seal the bond
about thetinie *it bears date. He then delivered it. I had been
surety for Mrs. Murray, and I required some security to pro-
tect myself. I kept the bond in my hands for that and for
Mr. Dalrymple, till the death of Lord Stair. I did not keep it
till the death of Lord Stair; I handed it to Murray, the
intestate, in the year 1819. Lord Stair did not die till
June; 1821, and Mr. Dalrymple then succeeded him. I :was to
_keep the -bond till the death of lewd Stair. ..I%lr. Dalrymple
did not wish the circumstance to be known to his family.
• Cross-examined by Mr. ScARLET r.—The bond was given
for two notes which the intestate had obtained from Colonel
Morgan. I: told intestate that I understood the notes were
given for money lost at play at Paris. Murray afterwards threa-
tened an action against Mr. -Dalrymple.-1 was- Mr. Dalrymple's
attorney. It was the express understanding that the bond was
to be kept till Lord Stair's death, and then not to be given to
Mr. Murray till the two notes were given up. I gave up the
bond to the present plaintiff in 1819, at his urgent solicitation,
but the notes 1 did not get back e they- have never been deli-
vered up.
The bond, dated 3d November, 1813, was then put in and
read. • • . . . .
Mr. ScART4TT submitted, on the authority of the case of
Johnson v. Blaker, that the •bond was invalid, and that the,
plaintiff should be nonsuited.
The CHIEF.' JUSTICE saw a distinction between that case
and the present. His Lordship would not nonsuit the plaintiff,
, but-Mr. Scarlett might have the point.reserved. • .
.Mr..SCARLETT then called
Sir Alexander Dodd, who stated, that in 1807 he was at Paris
at a restaurateur's with the Marquis de Livers, who was the en-
. chaining partner of 'a gaming estaidishinent ; play with dice

took place, • and witness and Lord Stair (who was then Mr.
Dalrymple, and passing under the name of Mandeville) lost
upwards of 8,000/. ; he believed Mr. Dalrymple paid 600/. of
it, and notes were even to the Marquis for a very large sum.
Mr. Dalrymple afterwards came to witness, and told him his
real name. and who he was ; upon which witness, feeling •
that he was placed in a situation of great peril, from hav-
ing signed a fictitious name to the notes given to the'lllar-
quis De Livres, and being also apprehensive of some em-
barrassment to himself from having been in his company,
agreed to give to ,the Marquis (to whom he was known,
as one who had always answered his engagements and
who had been in Paris some time) his note, and take his (Mr.
Dalrymple's) notes instead. This lie accordingly did, and the
notes were given up by the Marquis and bUrned. Witness
afterwards came to England, and applied in vain to Mr.
Dalrymple, but could never see him ; at last, through Colonel
Morgan, who was the friend of Mr. Dalrymple, the-witness
had an interview with him, and agreed to wait till the late
Lord Stair's demise for payment of his claim, upon Colonel -
Morgan pledging himself that witness should be paid imme-
diately after that event should take place. Witness dined
with Mr. Dalryniple and Colonel-Morgan once afterwards, arid
saw two bills, but he could-not tell what they were; he con-
sidered that they had not the slightest connexion with his claim
on Mr. Dalrymple, for which' he already had bills, but he
thought they were drawn for flit purpose of raising money.
The Jury. under his Lordship's direction, found a verdict
for the plaintiff; with leave for the defendant to move for a non-
suit
on the point of law urged by Mr. Scarlett.

-DARTNELL V. HOWARD AND GIBES.
This action, brought by the prosecutor of the indictment tried
on Thursday, a ;ainst the defendants, was now called on for
trial; but upon an application of the SOLICITOR-GENERAL,
made on the ground that Mr. Gibbs had been so occupied in
making out accounts for his assigness, and so much liarrassed •
by.anxiety on account of the prosecution depending, that he
had been unable to prepare for the trial of the cause, the licai..
ing of the case was postponed on payment of costs.

INSOLVENT DEBTORS' COURT.

LIFE IN LONDON.

Yesterday Edward Corbett, a young man of fashionable ap.
pearance, cane up to be heard on his petition to he discharged,
and was opposed by Mr. Pollock, on behalf of Hatchett and
Co. hotel-keepers, Piccadilly ; and by John Stallard, tailor in

The Insolvent stated, that he was arrested in January, and
had the rules of the King's Bench till June, when he was taken.
into the prison in consequence of his going to the Chester races, .
and spent a couple of months in the country. He went to
Hatchett's Hotel in February, 1821, with a pair of hunters and
a livery-servant; at which time he had no property, but ex-
pected he should receive a considerable sum by his father's
death, which took place in the December before, and whcst
will was not proved till the May following. His father left his
sisters 12,0001. each, and his brother twice as much, but did
not name him in his will at all. While he was at Hatchett's,
he entertained his friends, and lived, well. He studied for the
Church, but did not tale Orders, and never said he was a
Clergyman.
Mr. Beer, a partner in Hatchett's Hotel, stated, that when
the Insolvent came to the Hotel he said he was come to town
to receive a large sum under his father's will. He lived and
entertained very expensively—used wax lights and the.deareit
wines—Claret, Madeira, Champagne, and Burgundy. His
bill, in less than three months, amounted to 1631. He was often
asked for payment white he was at the Hotel, and alwa3s said he
was in expectation of getting his money daily; that nothing
delayed but the slowness of the lawyers. Letters frequently
came to the insolvent, directed to " The Rev. Edward Cor.
hat," and witness supposed he was a Clergyman.
John Stallard stated, that he was introduced to the Insolvent
during his stay at Hatchett's, and addressed him by the title
of " Reverend," which the Insolvent did not refuse. Witness
supplied him with clothes while at the Hotel, and soon after he
left it he wrote a note to the witness from the Prince of Wales'
coffee-house desiring him tobiing his account and a loan of 81.
and he (the Insolvent) would accept a bill for the whole. The
witness did so, and the insolvent accepted the bill, but never
paid it. While, the-insolvent was in the Rules of the Bench,
the witness called of him. The insolvent said he..wa:s only in
for a tailor's bill, and his friends wore willing to lethirn stay a
little to punish him • but would soon pay all, as he was to
get a sum of money for his share of a mine, but in the meantime
he wanted some clothes, and as Stallard was always friendly, he
should. have the preference. Stallard supplied the clothes, and
the amount now swells his bill.

Mr. HEAtx addressed the Court at great length for the in-
solvent. He said, it was a system with tradesmen at the West
end of the town to encourage the extravagance of imprudent
young men who they supposed were entitled to property ; and
none dealt more largely on this system than tavern-keepers and
tailors. Such persons, lie submitted, were not entitled to the
assistance of an Act that was intended to restrain imprudent
credit.

The COURT said, the creditors in the present case had not
administered to the insolvent's extravagance, but had been ina-
imposed on by his representations : the Judgment of the Court,
therefore, was, that should be remanded for twelve months, from
the date of his petition.