The Sun.
London, England, 1817-08-06 00:00:00

HOP INTELLIGENCE.

SOUTHWARK, AUG. 4.—Our market is dull, but
as the supply is trifling, we have not had any re-
duction in the prices during the last week.
MAIDSTONE, AUG. 4.—Our accounts from Wor-
cester and Hereford continue unfavourable, and
notwithstanding the grounds about Maidstone
and neighbouring parishes promise fair crops, the
other parts of Kent and Sussex ate daily getting
worse. We hear it is asserted, that the planta-
tion aroand and within eight miles of Maidstone
will pay vtiore duty than all the rest of Engla-nd.
CANTERBURY, AUG. 3.—Our plantation was
looking mole fresh. on Thursday, in consequence
of the heavy rains, since which tune they •-have
been getting more full of lice, honey, and mould,
and if the weather is ever sofavourable we shall not
average 5 cwt. per acre. The wet groumls are
quite gone..

One of the Paris Gentlemen who thought them-
selves offended by the caricature of M. CALICOT,
went to the house of the player who had perform-
ed that part, and demanded satistacti►on for the
injury he had done him every evening at the
Theatre de Varieties. " Sir," replied the Actor,
" ury employment is to exhibit fools, and I should
never have done, were I obliged to fight all those
whom I represent."
Tide favourite project of NAPOLEON to improve
the harbour of Dieppe, but which has lain dor-
mant for several sears, is now renewed with in 7
dustrious activity. The authorities at Dieppe be 7
gan to engage workmen last week, and on Satur-
day AO labourers were emplOyed in removing the
shoals of beach and sand at the entrance. It is
intended to employ 1000 men to complete this
national undertaking, which will afford security to
vessels of any burden.
An accident occurred yesterday, about the hour
' of four in the afternoon, which might have proved
fatal to a number of persons. Some buildings
which run along the back of Hunter-street, Bruns-
wick-square, on the west side of the street, and
which have been occupied as lofts and stables by a
job coachman, were so wretchedly built as to be
incapable of supporting the root, which fell in
yesterday, at the hour above mentioned, with an
alarming crash ; part of the walls towards the
rear of the houses 29, 30,, and 31, in Hunter-
street, was carried away, and broke in some of
the lower• apartments of those houses, filling their
back prcniises with the ruins. Providentially no
lives were lost, nor personal injury suffered.
On Saturday evening a fellow knocked at a
door in Devonsliire-street, Queen-square, and pro-
duced a note to the ladies of the house, which one
of the servants carried to the drawing-room, while
the other remained in the passage with the man.
Some one happened to speak in the garden, which
attracted the attention of the girl, and in her
momentary absence the fellow decamped, carry-
ing with him tour coats, which were in the pas-
sage. The note proved to be a petition from some
pretended poor widow woman unknown to the
parties.

LAW INTELUGLNCE.

COURT OF CHANCERY, AUG. S.

PATENT HEAD BRUSHES-IMPORTANT CASE RE-

SPECTIN G PATENTS.

METCALFE V. THOMSON.

In this case his Lordship was ny,ved by Sir S.
ROM ILLY :to dissolve an injunction formerly
granted by his Honour the Vice Chan:
whereby the defendant, residing. in Gray's-inn.
Ittne, was prohibited from making, selling, or
vending in anyway or ri•anner whatever, brushes
of a particular quality, for which the plaintiff al-
leged he had obtained a patent in SeNember last.
[We lately reported the case when before the
Vice-Chancellor.]
No Concisel at first appearing for the plaintiff,
the LORD CHANCELLOR said,'' 'Los injunc;ion
must be brushed off, unless some Counsel be h'cie
in a few minutes to support it."
1411. LEAcH then appearing,

Sir SAMUEL proceeded.—The plaintiff, an ehti-
net►t brush-maker, bad, it appeared from his own
statement, ta:►de a peculiar excellent inprovetnent
in brushes, for which he had last Septe►uber ob-
tained a patent. The defendant had been re-
strained from making or vending brushes of time
same nature, and made in the same way. The
defendant, however, did not deny that he had
made brushes of this kind, but he declared, in the
most positiva terms, that this pretended invention
of the patentee was nothing more or less than
what had been from time immemorial the prac-
tice of brush-makers. It was obvious that the
hair being fixed at first in the brush must ofcourse
be uneven, and therefore the improvement of the
patentee ►was only his selling the biis,' in an un-
finished state. Nobody ever thought of doing
this before, but it happened to suit the fancy of
this eminent Gentleman, who of cow se claimed
it as a discovery of his own. For this discovery,
and consequently his ingenuity, be was entitled to
every degree of credit, but unfortunately there
was an oldsbrush now i►► Court which had been
used by a perfumer, wig-maker, wig-dresser, esc.
for the space of 30 years, and was exactly the
same in principle as this new patent.
LORD CHANCELLOR.—.Is it a fox's brush ?
Sir SAMUEL.—The defendant
.had raised an ac-
tion of scire facias against the patentee, in the
Court of King's Bench, and which was to have
been tried before a Special Jury, When ti►e paten-
tee thought proper to bring the motion for. the
Injunction, and obtained it. An objection was
also made to the defendant, lot having his brushes
stamped in the same way as those of the plain-
tiff were.

LORD CHANCELLOR-.Shew me the brushes.
Really it is curious to see me called to judge of
brush-making.—[Here four head-brushes, one
long broom, three shoe-brushes, three tooth-
brushes, one knee-buckle-brush, tin re clothes-
brushes were produced ; and his Lordship parti-
cularly examined the head-brushes.]
Sir S. ROMILLY.--It was by no means proper,
indeed, he was ready to admit, that such shookd
be the.case, and he would not approve of it ; but
it should be remembered, that though the plain-
tiff had his patent exclusively for the head-brushes,
be had nevertheless stamped all his other brushes,
in the same way as if he had obtained a- patent for
them also. For example, be had stamped the
broom, the tooth-brushes, and the other articles
of that kind, which.his Lordship was now criti-
cally examining ; and if, therefore, the defendant
had stamped his, he hoped Mr. Leach %vould not
carry his morality so tar as to brand it with the
epithet of its being done to delude and deceive the
public.
Mr. LEACH.—Perhaps the case might be put an
end to here, as no notice is taken of the stamping
of the brushes in our affidavits, and 1 think we
should beallowed to make of ltvits on that point.
Sir S. RotvitLLY.--I must decidedly oppose such
a proposition, when 1 consider the vast impor-
tdnce of the Court coming to a decision at once
on this point ; and besides, the original atlibvits
are quite sufficient for the purpose you propose.

LORD CHANCELLOR.—Shc w me the specification
which the plaintiff has made —After reading it
he said, why I am now put in possession of the
brash-makLig secrets, and may begin it to-
morrow.

Sir S. ROMILLY proceeded.—The motion was
one of particular importance at the present crisis.
By means of that injunction some hundreds had,
during the last seven days, been thrown out of
employment ; and surely, when the anxiety which
was felt by ail classes for providing employment
for the poor was taken into consideration, he diii
not think his Lordship possibly could sanction
the pretended invention of a plaintiff to deprive
many of the honest means of industry; for in
what did this boasted invention consist ? It was,
in truth, what bad always been done by every
brush-maker since the commencement of Iliac
trade ; for the hairs, as he had already stated,
being uneven, they were afterwards smoothed by
tieing cut with scissars or sheers. The brush
TIOW in court, which was the property of a Mr.
'Fox, was exactly the same in its make, although,
by the bye, it had been used 20 or 30 years in
brushing up his wigs„—A number of affidavits
were made by brush-makers, which decidedly
proved that the invention was nothing at a:i new.
LORD CHANCELLOR.--Haled me the hr isle of
this old gentleman. It must be a curiosity, after
being so long worn by him in his useful employ-
ment of a wig-maker. Really this antique looks
uncannmonly well.
Mr. HEALD.—Your Lordship will see by look-
ing to it. that it is exactly the same in make as
the Patentee's brushes, but only they look better.
LORD CIIANCRLLOR.—That is because they are
younger.
Sir S.—The invention of this individual was the
same, as some of the affidavits stated, as had been
the practice for the last thirty years, and was pre-
cisely the same as that stated in the specification
of the plaintiff. It was agreed by the defendant,
that some of his friends in the same trade with
himself should call on the plaintiff, and' examine
the nature of this brush, and see whether it was

tor was not a new kind. Notice of their intention
to visit him was sent as a matter of courtesy. On
going to his house, however, they were told he
would not on any accouat allow them to see the

rash, stul they luta tirerefote to gO away as tiny
6,tne. On the Whit le., he argued that in a case Of
• Ltti,i, his Lordship, thou4b it might go to ri
Cmitl fit Law, would on no account order the
detep'ihsw, as was usual iu canes of this kind, to
keep an account of the various brushes he sold,
And theretdre, lie hoped, from the body of
evi-
Ylence• hef,ire his Lordship, and the delay which
hteu oecaSioned by the plaintiff, Oust he
would ,tistibiqs it withiust the usual order.

Mr FIFALn folluwed nn the same side, and real
over Ihe vnrions affidavits.

Mr LF.A.Cti, on the other side, contended, that
perhaps there never was x question of greater im-
pot .ance to the public than the present ; first, it
*as nuportapt to the parties in a pecuniary point
ot •and it was important to the public as tar
as 11 tegauded parents. ln point of importance,
there ore, it was a matter of no moment whether
the (peoint, airs a hair brush or It steam engine.
The patent w.ts taken by the plaintiff in conse-
gnetoltot ht< inventiag a new way of arranging
the hair io brushes, and if such was the case, how
could any one say it was an invention to which
the principks on which a patent was granted were
not applicable ? His Lordship had heard several
affidavits re-td, hit bath one of the parties who
made these affidavits ventured to swear that there
Was no new arrangement of the hair in the new
brush( s ?

The Loft° CHANCELLnR.—If this patent be for
a new arrangement being made in the hair, how
can you or any pe•son suppose that a patent can
be supported, while it is granted for one thing,
and y,•t its holder says it is for another ? You say
the patent is for a new kind of brush, hut %bat is
the cause of your patent not specifying the parti-
cular difference between your improvement and
the former kind of brushes. I confess this case
his as much amused me as it has done the other
pers►+ns in Court ; but, Mr. Leach, your patent, I
must say, is not by any means so sl►rcifie as it
ought to he, I must own that I doubt whttber it
can possibly stand.

Mr. Lyac continued.--He considered the
stamping of the brushes as a matter of the greatest
moment to the cause. and he regretted notice of
it had not been taken it► the affidavit. of his client;
but certainly, ►whether the plaintiff had a patent
or not, it was a matter of much consequence to
him that the brushes of the defendant should not
be put to sale as if they had been made by the
plaintiti ; and perhaps on this account an injmtc-
lion might again be anplied to from the Court.
Sir S. Itotutta.Y.-I.Ve deny using the words of
the plaintiff.
Mr. LEACJI.—True, butyou use the same mean-
ing. On the point of delay,-some complaint had
been made ; hut there was no reasonable ground,
for his client had shewn every anxiety to gut the
case hrouitht to trial, hut had been iud►iced to
rn4k, it a Speci,ilJury case, in consequence Of its
i,►iportance• to the public.
Mr. TaEsLovg follo►ved on the same side, and-
olerced, that it► a conversation he had the ho-
nou► to h.►ve ►with his Lordship in his private
room some time ago, his Lordship expressed great
doubts respecting the valid ry of a patent which
covered the whole of a machine, especially as his
Lordship considered every such machine where a
patent was granted, most he wholly new. These
brushes were not well liked formerly, but had now
come into great repute, and it ►vas for Sir S. Ito-
mily to say how such was the case.
Sir S. Rostua.v.—Mr. Treslove does me high
honour indeed, hut I leave him the task of judg- •
fag how revolutions in the public taste are ac-
complished.
The LORD CHANCELLOR.-1. have examined this
old brush, Mr. Tresiove, and I see it is rather an
odd kind of thing ; butt when you and I get so
old. and are so well worn as it has been, we shall
be as antique.

'Mr. TKESLOVE said be bad advised his client not
to shell' the brush.

The Loup CHANCELLOR,—Then I must say he
was bound to thew it ; tor if an injunction is
granted by this Court, or by any of the other
branches connected with it, the article on which
such an injunction is granted m►►st be, and in
future I do' peremptorily order that it shall he,
lodged with the Master. I remember in a case of
waste, that a person in this Court, who made an
affidavit, actually affixed his oak trees to his affidavit,
to shew the Court of what nature the trees were.
From this time forth let it be understood, that •I
order every article on which an injunction is
granted, to be on no account or pretext whatever
taken out of this Court.

- Sir S. ROMILLY was about to reply, when--.!
The Loan CHANCELLOR.-Sir Samuel you may
save yourself the trouble of replying, as I have made
up my mind on the question. I am decidedly and
clearly of opinion that the plaintiff is not by any
means entitled to the relief he asks for by his ap-
plication for the injunction in the first instance.
It May, he useful for tradesmen to know, as I see
a liitimber ofthem in Court, that though they may
manufacture a certain article in the course of their
trade, yet they are not at liberty to sell it to the
Wolld as the property which had been manufac-
tnred by another. I do not know perhaps if I
make mvselruaderstoad, hut I mean.that A can-
nOt publish'any work or sell any thing as the pro-
perty of B, unless he distinctly avows himself to
be the agent of B. The Court have already, as
all of you know, decided this in a variety of in-
stances. Day and Martin's blacking came on before.
its last summer, and it was then held, that though
a firm of a similar nature was established with that
of, Day and Martin, yet that firm could not sell
their liquid as the liquid manufactured by the ori-
ginal Day and Martin, even though the original
-firm had never obtained a patent, and did not al-
ledge in' the slightest degt tie that they had such a
patent. The same decision had been given re-
specting the Wonderful Magazine, where' you
know it was decided, that though many. Wonder-
ful Magazines might be published, still the per-
sons so publishing fl'ad no right to pass their Ma-
gatines as the productions of the plaintiff. I re-
rueraber also- a case in the Strand, where a Mr.
My4on had a sigu-board " Myson's shoe ware-
Louse," and another tradesman wishing to
rs-
tablish a rivalship, placed his son in the very-next.
shop, and put tip a sign-board, " My Son's shoe
warehouse,'' thus wishing to pahn his son's shopon
the public as Myson's shop. The Court, in this case,
came precisely to the saute conclusion as I feel

• -
t
myselfbonna to come to in this. am p east(
With the argument of Mr. Treslo-ve, who, in tLis,
as in every other case, does much 'credit tt;
self and justice to his client, and 1 eery:nreli re 7
member the conversation he now alludes tom. 1
am well aware of the opinion I then gave in the
case, and one which I still do adhere to; though
I am ready to admit, that during the time I have
been at the Bar, and resided here, much altera-
tion has taken place respecting the law of Patenti.
Had this application for the injunction been
fairly made to the Vice-Chancellor, and had he
been put fully in possession of all the'facts which
have this day been) laid before me, I know his
Honour wool& decidedly have refused the in-
junction. Imust here say, that his honour should
will:out doubt have been informed that there was
an action pending in the Court of,King's Bench,
not at the instance of the patentee, but of the de-
fendant by a scire facias ; "and he vvould unques-
tionably have in that case at once refused the
injunction ; but being furnished, as he was, with
such a deficient state of facts, he could not do
otherwise than he did. The opinion I gave to
Mr. Treslove was what I always felt, and was in-
deed the principle on which I acted during the
short tune I held the office of Chief Justice in the
Common Pleas; and indeed' it is, in my opinion
at least,fOunded on equity and just views of law. In
this particular instance, when one sees that the
patent was granted in September, and the applica-
tion for the injunction was only made- in July,
and when the practice of the Court in every in-
stance is considered, I am bound no say, I will trot
allow the injunction to be supported. The con-
duct also of the patentee in allowing a scire facia:
to be raised against hint, made the case more against
him ; and therefore Ido hereby order the injunc-
tion to be dissolved, and let it he this omment
dissolved. lam anxious always, in every instance,'
to preserve the rights or patentees, but I
ant not
here put in possession of such facts as would induce
me, or any fudge, to consider this sufficiently
made out for my sustaining it. For the purpose
of establishing the practice of the Court, I do
hereby peremptorily order that the brushes taw
produced, and spoken of in the affidavits, be
lodged in the Master's office, as exhibits, and let
this be the practice in all cases in future. *f he
parties may do as they please with the law suit,
but I .shall nut interfere, nor Make any other
order than for the immediate and absolute dissolu-
tion of the Injunction. "Vou may do as you like
about the suit scire facias, hut perhaps, Mr. Leach,
the stamping might be put on the
junction dissolved.
The Court was extremely crowded dining this
discussion, and the decision gave general satisfac-
tion. We never saw the Hall so lidl as it was
on this occasion, and touch amusement was af-
forded by the ludicrous exhibition of the brushes.
His Lordship rose at half-past four, and will
during the present Sittings come every day into
Court at cite o'clock.
roLicr INTELLIGENCE.