The Sun.
London, England, 1850-02-13 00:00:00

THE DUKE OF BEAUFORT V. MORRIS.

The further arguments in this part-heard case were
then resumed, and occupied the Court th© remainder of
the morning.

VICE-CHANCERY.-(THIS DAY.:

(Before the VICE-CHANCELLOR of ENGLAND

ANDERSON V. WARNIR AND OTHERS.—INJUNCTION.
Mr. BETHELL applied this morning, at the sitting
of the Court, ex parte on behalf of Mr. Anderson, the
present lessee of Drury-lane Theatre, for a special in-
junction under the following circumstances:—lt ap-
peared that the plaintiff, Mr. Anderson, bad invented a
cheque engine, by which the number of cheques taken at
the door of a theatre, or any other place, could be as•
certained, and fraud thereby prevented. The plaintiff,
it appeared, had applied to the defendants, who are
brass-founders and machinists, carrying on business in
Jew in-crescent, Jewin-street, to manufacture the
engines for him. Since doing so, the plaintiff
had applied for a patent in order to secure the invention;
and it was agreed, provided the patent was obtained, and
the plaintiff and defendants could come to terms, that the
latter should manufacture the engines for the former.
At the present moment, although the patent was in pro-
gress, it was not yet sealed, but was in the Attorney-
General's office. The defendants, it appeared,
had manufactured a considerable number of ma-
chines, and notwithstanding the remonstrance of
the plaintiff, insisted upon still manufacturing and
selling them. The plaintiff, who was apprehensive
if the sale of the machine took place it would amount to
a publication of the invention and destroy the patent,
filed the present bill for the purpose of obtaining an in-
junction to restrain the defendant from manufacturing,
selling, or commnnicating, or publishing in any
manner the nature of the invention. Mr. Bethell
said that he would 13( t on an ex parte mo-
tion ask for the injunction to the full extent
of the notice of motion, but only to restrain
the defendant from communicating or publishing
in any manner the invention, taking at the same
time leave to serve a notice of motion on the
defendant for Saturday next for an injunction to restrain
the defendant from selling or manufacturing any appa-
ratus in imitation of the plaintiff's invention.
The VICE-CHANCELLOR, thinking it would be most
unjust for the defendant to be allowed to manufacture
and sell the machine until the plaintiff had obtained his
patent aed some agreement had been come to between
them, granted the injunction in: the terms asked,
and gave leave to give notice of motion for
Saturday next for an intended injunction.
Injunction granted.
The Court tien proceeded to hear causes, and the
arguments in the case of " Decks v. Bell," which earns
Wore the Court upon demurrer, occupied the Court the
whole morning.

(Before the Vice• Chancellor KNIGHT BRUCE.)
His Hozioun, after disposing of the bankrupt petition
of "Johnson v. Bulmer," which came before him upon
a special case, proceeded to bear the further arguments
in th• part-heard case of " Powell v. Dobson," which
occupied the whole morning.
(Before the Vice• Chancellor WIGRAM.)

JOHNSON V. JOHNSON.

The further arguments in this part-heard case occu
pied the Court the whole morning.

QUEEN'S BENCH.—(THIS DAY.)
The Court sat in Banco this morning and took the
special paper, but nothing occurred sufficient to justify
a detailed report, the proceedings having reference only
to points of purchase and pleading.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prins, at Westminster, before the Lord
CRIEF BARON and a Special Jury.)

THE QUEEN ON THE PROSECUTION OF MAUDBLAY V.

LOWE AND OTHERS.

This was a proceeding for the purpose of trying the
validity of a patent which was granted in 1838 to a per-
son of the name of Lowe, for an improvement in the
mode of propelling vessels, and was instituted by Mr.
Mandalay, the well-known engineer, against Lowe and
various other persons of considerable wealth and respect-
ability, who had become interested in the patent.
Sir Frederick Tbesiger, Mr. Martin, and Mr. Peacock
appeared for the plaintiff, and the Attorney-General,
Mr. M. Smith, and Mr. Webster for the defendants.
Sir FREDERICK THESIGER, in opening the case, said
the invention had reference to an improved application
of screw-propellers to vessels, and Mr. Blandslay alleged
that it was perfectly well known to the world for many
years previous to the patent being obtained. It appeared
that various exf eriments had been made, with the view
of ascertaining the correct principle upon which the
screw ought to be applied. The first desideratum was
to decide upon what part of the vessel the screw was to
be placed. Some proposed the bow, some the midships,
and others at or about the stern, but it was now univer-
sally admitted that there was only one useful and prac-
tical position, viz., the dead wood of the stern, a
portion of which was taken out in order to make
an aperture in which the screw might be placed.
The next thing to be decided was the form of the screw,
and various inventions had been made as to the con-
struction of it, and upon these the originality of Mr.
Lowe'a would depend. Mr. Lowe said that his screw
consisted of one or more curved blades set or fixed on
a revolving sharp or axis below the water line cf the
vessel, but he bad not the slightest pretence for claim-
ing a monopoly against the public in respect of any
originality in his discovery. As long ago as 1785 Mr.
Brame], who was familiar to the scientific world, took
out a patent for a variety of objects, and among them
one for propelling vessels by means of a screw, which
to all intents and purposes was the same as the one
claimed by Mr. Lowe. Again, in 1800, a Mr. Shorter
obtained a patent for a screw on a similar principle. It was
made with blades having the appearance of the vertical
sails of a windmill, and its only difference to Mr. Lowe's
screw was that it was worked by means of an out-rigger
carried out from behind the vessel. Another patent
was taken out in 1829, for an invention of a Frenchman
named Cummoreaux, also in 1832 by a M. Woodcroft,
and in 1836 by a Mr. Ellickson, all of which involved
to a certain extent the principle of Mr. Love's invention.
It bad, in fact, been admitted by Mr. Lowe that the
ma
en-
tire screws or blades used by him had beende and
applied be!ore, but, he alleged, had proved failures, and
his only claim to originality was applying the curved
,
blader, previously in use, on an axis below the water
line. Independent of the want of originality,
the Learned Counsel said
was not sufficientlythat the specification
explicit to inform the pub-
lic of the nature of the invention, and con-
tended, therefore, that Mr. Lowe was not entitled to
the patent.
Mr. Gallaway, the engineer, and several other scien-
tific gentlemen were examined in support of the plain-
tiff's case, but their evidence was almost entirely of a
technical and scientific nature.
The case had not concluded, and was likely to occupy
a considerable time.

PLEAS.—(THIS DAY.)
(Sittings in Banco, before Mr. Justice MAIILE, Mr.
Justice CRESSWELL, Mr. Justice WILLIAMS, and Mr.
Justi,ce UFO unD.)
The cases which came before this Court this morning
prelerdpo pp feature of interest to merit a report.

BOROUGH. HOP IVI.A.RILET.
For all kinds of Hops, both Old and New, the demand
is heavy, at barely stationary prices:.

WHITISCBAPEZ.
Prime Beef and Mutton commanded a steady sale, at
full prices. In all akar kinds of Meat very little busi•
ness was transactQd. Beef, from 2s 6d to 3s 4d;
Mutton, 2s 10d to 3s ad; Veal, Ss to 4s; and Pork,
2s 10d to 4. per Sibs., by the carcase.

WEDNESDAY CONCERTS.-MR. STAMMERS'S BEND.
FlT.—The seventeenth of the London Wednesday Con.
certs for the present season takes place this evening at
Exeter Hall. The performances are for the benefit of
Mr. Stammers, the director, to whose enterprize we are
indebted for the establishment of these delightful weekly
musical reunions. All the notabilities of the London
Wednesday concerts (including Messrs. Sims Reeves,
Forme', and Ernst) will appear on the occasion, and
there can be no doubt but that the ball will be crowded
to excess.

LAUNCHES ON THE WEAL—The Sunderland ship-
builders are emulous of the skill of the Yankee gaiter-
maker, Rho threw his productions over his shoulder as
he finished them, and had a gaiter continually in the air!
There is everlastingly in Sunderland a ship rushing out
of air into water—seeking, as our friends the penny-a-
liners periphrastically, if not philosophically affirn, " its
native element." Only on Monday last, Rogerson and
Wilkinson, and Briggs and Candlish, and Haswell and
Naseby, and the veteran Laing, were all shoving new
ships into the Wear; and it comforts us to know that
Mr. Laing's splendid barque, the Talavara, 916 tons,
classed at Lloyd's A 1, 13 years, has found a purchaser
in Mr. David Dunbar, who had once a crochet in his
head (new happily expelled) that shipping was going to
the dope—Gateshead Observer.