The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1852-04-20 00:00:00

PARISH OF LIVERPOOL

AT the ANNUAL GENERAL VESTRY, held at
the Church of St. Nicholas, and, by adjournment, at the
Sessions-house, on EASTER TUESDAY, the 13th day of April,
1 CMI

The Venerable Archdeacon BROOKS, one of the Rectors, in
the Chair.
The Notice convening the Meeting having been read, the fol-
lowing Summary of the Accounts of the Churchwardens for
the last year was laid before the Vestry.
It was moved by Mr. H. W. BANNER, seconded by Mr.
THOMAS DOVER, and resolved,—That the Ayecounts of the
Churchwardens now read do pass.
It was moved by Mr. THOMAS Dovwseconded by Mr.
JAMES DENTON, and resolved,—That Mr/ H. W. Banner be
re-elected Churchwarden for the ensuing year.
It was moved by Mr. EDWARD BRADLEY, seconded by Mr.
JOSEPH GARDNER, and resolved,—'l• t Mr. '.aomas Clarke
be re-elected Churchwarden for the e uing year.
It was moved by Mr. Churchward BANNER, seconded by
Mr. Churchwarden .CLARKE, and esolved,—That Mr. Peter
i rt
Bourne Drinkwater and Mr. Ch les Frederick Came be re-
appointed Sid en for the ensuisig year.
It was moved b . IlllPChWatTl y PRESERVATION OF BOOKS, DEEDS, &c•,
ell BANNER, seconded b
Mr. Churchwarden CLAR hat Mr. Charles Willmer be FROM FIRE.
reappointed Overseer of the Por .ensuing year. COURT OF QUEEN S BENCH, JUNE 23RD, 1851, BEFORE
It was moved. as an amen ent, by Mr. HENRY* JoNES, se- LORD CAMPBELL AND A SPECIAL JURY.
conded by Mr. FREDERICK .LLIOT,—That Mr.-John Wiggins SIILNER te lIARRISON.
be appointed Overseer in t place of Mr. Willmer.
The original motion, with the amendment, having been se- (7 he latter :elfin!' Tann's Safes and Boxes, and advertising
verally put from the chalk, the motion was declared to be car- hintsetf asso.e proprietor of Tann's Patent Safes, Chests, 'c.)
rie.t, whereupon a poll wts demanded by Mr. Elliot, on behalf The above trial was instituted for the purpose of vindicating
of Mr. Wiggins. the exclusive right, on the part of the Plaintiff, of applying
It was moved by Mr. Churchwarden BANNER, seconded by liquids, or materials evolving moisture on the application of
Mr. Churchwarden CIAOIKE,—That Mr. Thomas Savage be heat, together with ether absorbent materials, within the
appointed Overseer of the Poor for the ensuing year. chambers of Boxes, Safes, or Depositories, calculated to per-
It was moved. as an amendment, by Mr. Joule SMITH, se- vade the chambers and contents of the safes with moisture
conded by Mr. E. P. lst.scietsitiT,—That Mr. Charles Frederick and steam, when heated by fire, thereby preserving the papers
Carne be appointed Overseer in the place of Mr. Savage, from ignition. Mr. Crow-der, Q.C., Mr. M. Chambers, Q.C.,
The original motion, with the ntnendmenhaving been se. and Mr. Webster, appeared for the Plaintiff; and Sir F. The.
verally put from the chair, the motion was sEglared to be car- siger, Mr. Knowles, Q.C., and Mr. Hindmarsle for the Defen-
tied, whereupon a poll was demanded by Mr. Smith on behalf dant. After the case had been stated by Mr. Crowder evidence
of Mr. Came. was given by Mr. Grantham, of Liverpool, Civil Engineer and
It was moved by Mr. Churchwarden BANNER, seconded by Surveyor of Steamers to the Board of Trade; Mr. Samuel
Mr. Churchwarden CLARKE,—That Mr. Joseph Gardner be Woods. jun., of London, formerly of Liverpool; Mr. J. W.
appointed an Overseer of the Poor for the ensuing year. Pilcher, of Liverpool ; Mr. Alderman Bennett, Ironfounder, of
It was moved, as an amendment, by Mr. JOHN SMITH, se- Liverpool; Dr. Sheridan Muspratt, Professor of Chymistry,
conded by Mr. E. P. M'KNIOHT,—That Mr. Samuel Thornely Liverpool; Mr. John Smith, President of the Guardian
be appointed Overseer in the place of Mr. Gardner. Society, Liverpool ; Mr. B. Woodcroft, Professor of Machinery
The original motion, with the amendment, having been se. at the University College, London . and by Mr. John Owens,
verally put from the chair, the motion was declared to he car- one of the foremen of Milner's Works' for the last twenty years,
vied ; whereupon a Poll was demanded by Mr. Smith on behalf on the utility, originality, &c., of Milner's Safes—of which
of Mr. Thornely,
upwards of 25,000 are now in use—and also of the infringe-
It was moved by Mr. Churchwarden BANNER, seconded by ment of Milner's Patent by the Defendant, whe was proved to
Nen Churchwarden CLAnee,—That Mr. Joseph Shakeshaft be have used the very materials in the Safes and Boxes he had
appointed Overseer of the Poor for the ensuing year. tested and sold, which he had seen used by the Plaintiff's firm,
It was moved, as an amendment. by Mr. JOHN SMITH, SO. when in their service as Shopman, from 1846 to 1849. This
conded by Mr. K. P. Wiessinue..—That Mr. Thomas Luff be was followed by Sir F. Tliesiger's reply for the Defendant, who
appointed Overseer, in the place of Mr. Shakeshaft. called several witnesses, but whose testimony. on cross-exami.
The original motion, with the amendment, having been se. nation, compktely established the Plaintiff's case. Mr.
verally put from the chair, the motion was declared to be car. Crowder finally addressed the Jury on the facts, and
vied; whereupon a poll was demanded by Mr. Smells on behalf Lord CAMPBELL then summed up. This, he said, was an
of Mr. Luff. action for the infringement of a patent granted on the 26th of
It was moved by Mr. Churchwarden BANNER, seconded by August, 1840, for certain alleged improvements in boxes for
Mr. Churchwarden CLARKE, and resolved,—That Mr. Edward the protection of papersfrowmoulfidre.
not Tthakeedeexfearcdtlayntinsettheuipr
Bradley be appointed a Select Vestryman for one year.
It was moved by Mr. Churchwarden B.SNNen, several defences,
which lie
seconded by proper order. Ist. He said that there was no proper specifica-
Mr. Churchwardes
n• ....it:LAMM. and resolved,—That Mr. William tion of this patent.
. 2dly. That Milner. the patentee, was not
..„vie tie appointed a Select Vestryman for one year.) the inventor; also, that it was not a new invention, that it was
It was moved by Mr. Churchwarden BANNER, seconded by not a useful invention; and that, at all events, the defendant
Mr. CIIIWCRWardeII CLA RKE, and resolved,—That Mr. William bad not infringed the patent. He had taken the evidence very
Kitchen be appointed a Select Vestryman for one year. fully, and if the jury thought it would assist them he would
It was moved by Mr. Churchwarden BANNER, seconded by read it over.
Mr. Churchwarden CLARKE, and resolved,—That Mr. Charles The Jury intimated that they did not think it necessary.
F. Came be appointed a Select Vestryman for three years. Lord CAMPBELL then said, he should shortly direct their
It was moved by Mr. Churchwarden BANNER. seconded by attention to the several questions they were to determine, for
Mr. Churchwarden CLARKE,—That Mr. James Denton be ap. they were all for their determination. With regard to the in-
pointed a Select Vestryman for three years. fringement, he would repeat the direction he bad before given
It was moved, as an amendment, by Mr. JOSEPH GARDNER, them. Here was the specification, and although he thought
seconded by Mr. EDWARD BRADLEY,—That Mr. Meacock be this issue was hardly disputed, they must consider whether an
appointed a Select Vestryman in the place of Mr. Denton. ordinary workman, of ordinary skill, looking at it, could make.
The original motion, with the amendment, having been se- one of the boxes it described. The witnesses had said that an
venally put from the chair, the motion was declared to be car- ordinary workman, in their judgment, would be able to do so.
vied ; whereupon a poll was demanded by Mr. GARDNER OIA The next issue was with regard to the novelty of the inven-
behelf of Mr, Meacock, tion. The third and fourth were so much alike that they might
It was moved by Mr. Churchwarden BANNER, seconded by be taken as part of the same question.
Mr. Churchwarden CLARKE, and resolved,—That Mr. Richard It lay on the plaintiff to show that this was a new invention,
Johnson he a Select Vestryman for three years. and if he gave prima fade evidence that it was so, the defen-
It was moved by Mr. Churchwarden BANNER, seconded by dant would have to show that it was not. Now there was cer-
Mr. Churchwarden CLARKE,—That Mr. John Moss be ap. tainly strong evidence on the part of the plaintiff to show that
pointed a Select Vestryman for two years. it was new. It was for them to say whether it was properly an
It was moved, as an amendment, by Mr. JOHN SMITH, se- invention for the protection of papers against fire. The papers
conded by Mr. JAMES R. Jeiseeity,—That Mr. Thomas Urqu- were locked in an iron box, having cases enclosed, leaving
hart be appointed a Select Vestryman in the place of Mr. Moss, chambers between t e two cases, end the object was to have
The original motion, with the amendment, having been se- some substance that would give out a moisture upon the appli-
verally put from the chair, the motion was declared to be car- cation of the heat, and the steam thus produced was to be in-
ried •, whereupon a poll was demanded by Mr. SMITH on behalf closed in the box and moisten the papers so that they might be
of Mr. Urquhart. preserved from the effects of fire. There had been several wit-
It was moved by Mr. Churchwarden BANNER, seconded by nesses of respectability on both sides, although several of those
Mr. Churchwarden CLARKE,—That Mr. William Jones be ap- called for the defendant had only recently turned their mitten.
pointed a Select Vestryman for three years. tion to this 'subject. Several witnesses for the plaintiff said
It was moved, as an amendment, by Mr. JOHN SMITH, se. that, although there bad been an addition to the old safe which
conded by Mr. JAMES R. Jeer's ev,—That Mr. John Bold be consisted merely of a single iron box, a mode having been in.
appointed Select Vestryman in time place of Mr. Jones. troduced of having an outer box, the great object was to in-
The original motion, with the amendment, having heen se- treduce some non-conducting substance, so that the operation
verally put from the chair, the motion was declared to be car. of heat might be retarded as much as possible ; but that there
vied ; whereupon a poll was demanded by Mr.SNIITH on behalf was nothing until Mr. Milner's patent to moisten the papers 1
of Mr. Bold. by the operation of steam.
- - -

His HONOUR staj'd the principle on which the Court inter-
fered in cases of this kind, and observed that Tann's specifi-
cation appeared to contemplate only a dry non-conductor to
stop the heat, whereas Milner's created a further obstruction
to the fire, by producing at the period when the fire began to
act on the box an effusion of steam, which pervaded the non-
conducting material with moisture, and thereby protected the
Safe and its contents. His Honour adverted to the ong enjoy-
ment of the Patent which was granted in 1840, the result of the
trial at law, and the clear opinioni n the plaintiff's favour
expressed by the Lord Chief Justice, and in which his Honour
concurred, stating that he considered Milner's was a Patent
claiming every mode by which the liquid. &c., might be em
ployed to moisten the absorbent material; and he concluded
by granting the injunction in the terms of the motion.

It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and resolved,—That Mr. Thomas
Luff be appointed a Select Vestryman for three years.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and resolved,—That Mr. John
Mellor he appointed a Select Vestryman for three years.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and resolved,—That Mr. James
Troughton be appointed a Select Vestryman for three years.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and refolved,—That Mr. James
Brownbill and Mr. John Williams be appointed Churchwardens
of St. Paul's Church for the ensuing year.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and resolved,—That Mr. George
Nickson and Mr. Thomas Gregory be appointed Churchwar-
dens of St. John's Church for the ensuing year.
It was moved by Mr. Churchwarden CLARKE, seconded by
Mr. Churchwarden BANNER, and resolved,—That a Chtuch-
rate of Twopence in the pound be laid for the ensuing year.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. CHARLES F. CARNE, and resolved,—That the Churchwar-
dens be authorised to defray the further sum of .1337 17s. 9d.
expended on re-pewing St. Nicholas's Church.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and resolved,—That each of the
Parish Clerks be paid the sum of .150 in consideration of their
giving op their fees on the Bills of Mortality and circulating
them gratuitously as usual, upon the understanding that 4he
grant of it shall not be considered a permanent allowance or
an admission that the successors of the present Clerks shall be
entitled thereto.
It was moved by Mr. Churchwarden BANNER, seconded by
Mr. Churchwarden CLARKE, and resolved.—That the sum of
.170 be paid out of the church-rate, in aid of the Welsh service
at St. Paul's Church. provided the Welsh curate visit the dis.
trict ; such sum to be divided as follows, viz.: the minister,
'53; clerk, £10; and sexton, .15.
It was moved by Mr. THOMAS DOVER, seconded by Mr.
Churchwarden BANNER, and resolved,—That the clutrchwar-
dens be authorised to pay out of the church-rate the sum of
110 to the second minister of St. Paul's Church, in addition
to his present stipend! „

On the part of the defendant, he chiefly relied on Mares and
Chubb's patents, and it would be for them to say whether those
patents were not confined to introducing non-conductors.
The object of both was to save papers from destruction, but the
mode and operation was the question in dispute. He had been
puzzled to know the difference between the two patents of Marr
and Chubb, and he afterwards found from one of the witnesses
that there was no distinction between them. They both had
non-conductors in the inner case, but neither seemed to have
had the slightest contemplation of any liquid, es their .object
was tather to have substances as dry as possible, but had no
notion of a liquid which was to be condensed into steam to
moisten the papers in the inner case. They bad heard the
evidence, and it would be for them to say whether they were
satisfied that the invention which Mr. Milner set out in his
goecuigfiglitown
tshkenyowwonulefirne the
that
tars
soufeh is patent. Ifthey
fordefendant;tiie
and if they thought it was not. they would find it forthe plaintiff.
The third and fourth issues were substantially the same, being
hat Mr. Milner was not the inventor, and the invention was
not new. If Mr. Milner was the inventor, the invention was
new; and if lie was not the inventor, it was not new. Then
came the issue of whether it was useful, and he must say he
had been astonished to find such strong evidence of its useful-
ness. Up to this hour he had no idea that there were any
human means of so effectually preserving papers from the
action of fire. It appeared that, by means of the condensation
of steam, the papers enclosed in the inner box were rendered
moist. It was a comfort for one to know that there was an in-
vention, by which valuable documents might be rendered secure,
notwithstanding the terrible calamity of fire brekking out in a
house. Although the defendant had thought fit to say it was
not useful, he was really at a loss to say what evidence there
was to raise any doubt as to its utility ; but the question was
for them alone. Now came the direction he should give them
in point of law, and in this they must be guided by what he said.
He thought there might be an infringement, although the de-
fendant did not use vessels, pipes, or tubes for containing the
liquid. All the rest he left to them ; but he only said that it
was not indispensably necessary that the defendant should use
pipes, tubes, or artificial vessels, but they were to consider
whether the evidence was sufficient to convince them that the
defendant had infringed the patent. Then would bear in mind
I that_ respectable professors from King's College, and other

It was

warden

3ANNER, seconded t

Mr. WILLIAM

r. Georg-e

seminaries of learning, had been called for the defendant, and
they would consider whether they disproved the infringement.
Tann's patent could only be evidence on the ground of infringe-
.

ment, for it was not taken out until nearly four years after
—finer's; but if, as it would appear that Harrison sold Tann's
es, he could not say that they were not to look to Tann's
cification, if they came to the conclusion that tee boxes made
rann were the same as those Milner described in his specifi-
,on„ They were to look on all the evidence on either side
ring on these issues ; and if they thought that, although the
RS that the defendant sold did not contain any pipes, tubes,
irtificial vessels for containing the liquid, they contained
was to be ex-
tantially the

um and other substances from Whic
acted by heat; if they thought th
Ime as Milner's, they would find th
'id if they thought they were not the

to find that issne for the
I,nr..t use any pipes, tubes,

Is. If they thought the proceis ;xis sUbstan-
that mentioned in the plaintiff's specification,
sue for the plaintiff. They must bear in
1, "I claim as my invention the in-
bined,effect in Chambered
1 material kept humid

or depositories of the moistur

being -confined to the material or liquid
fanner in which it may be distributed or
to produce the desired effect ‘oflprotectinz