The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1851-10-28 00:00:00

THE NEW TABLE KNIVES FOR FISH

LIROM the many complaints made of the unpleasant
I: and awkward fashion of using the Fork only when eating
Fish, J. MAYER, SILVERSMITH, has introduced a TABLE
KNIFE to obviate this objection, and, from the increased ease
and comfort it affords in use, has secured its general adoption.
J. M. makes the above in SILVER and ELECTRO-PLATE, with
Ivory Handles, also with Silver Handles, to match any Service
of Plate.

THE NTFIH CARVERS

These very useful rodlisites for the Table are so much supe-
rior to the old Fish-ghee, affording such increased convenience
in Carving Fishethat they are quite superseding the latter.
J. M. has a large Assortment in Silver and Electro-Plate, to
suit all patterns of Plate.
N. B.— 9n Illustrated Catalogue of the Prices of Silver Plate,
Sheffield and Blectro-Plate, jewellery, Watches, Clocks, and
Table Cutlery, may be had, gratis, on application, or will be
sent post-free on receipt of six stamps.
JOSEPH MAYER.
SILVERSMITH, JEWELLER, AND WATCHMAKER.
68 and 70, LORD-BTREBT.

PATENT CORK HATS.
JOHNSON ANT) CO
HATTERS AND FURRIERS,

11, BERRY-STREEf,LIVER'POOL,
In opening their Establishment at the above Address, beg to

call public attention to the NEwLY-INVENTED
CORK HATS,

which will be found to iiniassanyother'description of Silk

Hat now nninufaclured for--
COMFORT AND LCA*rONIY

while their DURABILITY, B lATCY_ of'COLOUR, and
ELASTICITY will b nd to be unequalled. They
resist GRE and PhRSPIRATION, and
_ft old by them at all Prices.
JOHNSON aild Co. have also a larze and fashionable Assort-
ment of LADIES and CHILDREN'S

HATS, CAPS, AND BONNETS,
comprising the latest Novelties Manufactured; as well as
LIVERY HATS, GOLD AND SILVER LACE, &c.

All kinds of FURS Cleaned, Repaired, and Re-made in the

Newest anti most Faislilunsible stylee

using, putting in prc
made, Sze., during the
Letters Patent grams

er of the term mentioned in the
r. Thomas Milner, any Boxes,

iiwise counterfeitiL

nice manner,
Thnmas Mil-

resembling the sstiq Invention

imitating, or

Mr. Webster appeared for the plaintiff. and Mr. Shebbeare
fbr. the defendant, and affidavits in support of and in opposition
to the motion were read. Milner's invention consisted in the
use of substances, distributed in an absorbent material in

spaces between theouter and inner casings
substances, when exposed to beat, evolved steam or moisture.
the combined effect of the moisture and the material, kept
humid, protecting the Safes, enclosing papers. &C;, from fire..
The defendant sold Safes and Boxes, which he represented
to be made under a Patent granted to Messrs. Tanr, of Lon-
don, but which the plaintiff contended were sukstantially
made accordim. to Milner's Invention, and were an infringe-
ment on his Patent. An action had been brought by the
plaintiff against the defendant for the infringement, and tried
in June last, before Lord Chief Justice C.amnisell -sod a special
jury, and a verdict found for the plaintiff, the defendant's
counsel tendering a Bill of Exceptions to the direction of the
learned judge on the construction of Mr. Milner's specification.
Notwithstanding this verdict, the defendant Harrison had
continued to sell the Boxes and Safes complained of, and the
affidavits flied by the plaintiff proved the recent sale by defen-
dant of a Safe, which scientific witnesses stated was substan-
tially the tame as those proved on the trial, and found to be an
infringenient. This was verified by Doctor Mnsprar whose
analysis accompanied his affidavit. The affidavit of Mr. John
Tann stated that he believed this Safe had been made by hint
and his partners, and he alleged that it was made according to
their specification
His HONOUR stated 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 long enjoy-
ment of the Patent which was granted in 1840, the result of the
trial at law, and the clear opinion in 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 eve, y mode by which the I;quid. Itc., might be etra•
ployed to moisten the absorbent material: and he concluded
by granting the injunction in the terms of the motion.

Sox, which

PRESERVATION OF BOOKS, DEEDS, &c.,
FROM FIRE.

COURT OF QUEEN'S BENCH, JUNE► 23RD, 1851, BILTORZ

LORD CAMPBELL AND A SPECIAL .YIJRY
hIIf.NER v. HARRISON.

(7he latter selling 7'ann's Safes and Boxes, and advertising
himself al:rile proprietor of 'Pawl's Patent Safes, Chests, .5.e.)
The above trial was instituted for the purpose of vindicating
the exclusive right, on the part of the Plaintiff, of applying
liquids, or materials evolving moisture on the application of
'eat, together with ether absorbent materials, within the
chambers of Boxes, Safes, or Depositories, calculated to per-
vade the chambers and contents of the safes with moisture
and steam. when heated by fire, thereby preserving the papers
from ignition. Mr. Crowder, Q.C., Mr. M. Chambers, Q.C.,
and Mr. Webster, appeared for the Plaintiff; and Sir F. Th.-
siger, Mr. Knowles, Q.C., and Mr. Hindinarsh, for the Defen-
dant. After the case had been stated by Mr. Crowder evidence
was given by Mr. Grantham, of Liverpool, Civil Engineer and
Surveyor of Steamers to the Board of Trade; Mr. Samuel
Woods, jun., of London, formerly of Liverpool; Mr. J. W.
Pitcher, of Liverpool ; Mr. Alderman Bennett, Ironfounder, of
Liverpool; Dr. Sheridan Muspratt, Professor of Chymistry,
Liverpool; Mr. John Smith, President of the Guardian
Society. Liverpool ; Mr. B. Woodcrolt, Professor of Machinery
at the University College, London ; and by Mr. John Owens,
one of the foremen of Milmr's Works for the last twenty years,
on the utility, originality, &c., of Milner's Safes—of which
upwards of 25,000 are now in use—and also of the infringe.
ment of Milner 's Patent by the Defendant, who was proved to
have used the very materials in the Safes and Boxes he had
tested and sold, which be had seen used by the Plaintiff's firm,
when in their service as Shopman, from 1846 to 1849. This
was followed by Sir F. Theaiger's reply for the Defendant, who
called several witnesses, but whose testimony, on cross-exami-
nation, completely established the Plaintiff's case. Mr.
Crowder finally r.ddressed the Jury on the facts, and
Lord CAMPBELL then summed up. This, Le said, was as
action for the infringement of a patent granted on the 26th of
August, 1840, for certain alleged improvements in boxes for
the protection of papers from fire. The defendant set no
several defences, which lie would not take exactly in their
nroner order. Ist. He said that there was no nroner snecifles..
tion of this patent. 2dly. That Milner, the patentee, was not
the inventor; also, that it was not a new invention, that it was
not a useful invention ; and that, at all events, the defendant
had not infringed the patent. Ile had taken the evidence very
fully, and if the jury thought it would assist them he would
read it over.

The Jury intimated that they did not think it necessary,

Lord CAMPBELL then said; he should shortly direct their
attention to the several questions they were to determine, for
they were all for their determination. With regard to the in-
fringement, he would repeat the direction he had before gives.
them. Here was the specification, and although he thought
this issue was hardly disputed, they must consider whether as
ordinary workman, of ordinary skill, looking nt it, could make
one of the boxes it described. The witnesses bad said that as
ordinary workman, in their judgment, would be able to do so.
The next issue was with regard to the novelty of the inven-
tion. The third and fourth were so much alike that they might
be taken as part of the same, question.
.

It lay on the plaintiff to show that this was a new invention,
and if he gave prima facie evider.ce that it was so, the defen-
dant would have to show that it was not. Now there was cer-
tainly strong evidence on the part of the plaintiff to show that
it was new. It was for them to say whether it was property an
invention for the protection of papers against fire. The papers
were locked in an iron box, having cases enclosed, leaving
chambers between t' e two cases, and the object was to hare
some substance that would give out a moisture upon the appli-
cation of the beat, and the steam thus produced was to be in.
closed in the box and moisten the papers so that they might be
preserved from the effects of fire. There had been several wit-
nesses of respectability on both sides, although several of those
called for the defendant had only recently turned their atten-
tbn to this subject. Several witnesses for the plaintiff said
that, although there had been an addition to the old safe which,
consisted merely of a single iron box, a mode having been in-
troduced of having an enter box, the great object was to in-
troduce some non-conducting substance, so that the operation
of heat might be retarded as much as possible ; but that there
was nothing until Mr. Milner's patent to moisten the papers
by the operation of steam.
On the part of the defendant, he chiefly relied on Marr's and
Chubb's patents, and it would be for them to say whether Hittite
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, as their object
was rather 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 had 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
specification was known before the date of his patent. If they
thought it was, they would find that issue for the defendant ;
and if they thought it was not. they would find it for the plaintiff'.
The third and fourth issues were substantially the same, being
that Mr. Milner was not the inventor, and the invention was
not new. If Mr. Milner was the inventor, the invention was
new; and if he 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, eont
wt ,sbtayn‘dv
ni cghtvhael ut
earbrliebdl
eoccuamthemn
ittsymoifg treb eb renderedo
out
etciunr ea,
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 be only said that it
was not indispensably necessary that the defendant should US()
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. They would bear in mind
that respectable professors from King's College, and other
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 nut until nearly four years after
Milner's; but if, as it would appear that Harrison sold
boxes, he could not say that they were not to look to Tann's
specification, if they came to the conclusion that the boxes made
by Tann were the same as those Milner described in his specifi-
cation. They were to hook on all the evidence on either side
bearing on these issues ; and if they thought that, although the
boxes that the defendant sold did not contain any pipes, tubes,
or artificial vessels for containing the liquid, they contained
alum and other substances from which moisture was to be ex-
tracted by heat; if they thought they were substantially the
same as Milner's , they would find that issue for the plaintiff;
ar if they thought they were not the same as AI -

an .. .. —"erg, for the
defendant. They were at liberty to find that issue for the
plaintiff, although the defendant did not use any pipes, tubes,
or artificial veasels. If they thought the process was substan-
tially the same as that mentioned in the plaintiff's specification,
they would find that issue for the plaintiff. They must bear in
mind that 11w plaintiff said, "I claim as my invention the in-
troduction or application of the combined effect in chambered
boxes, or depositories of the moisture and material kept humid
in the space surrounding the innermost box, and its contents,
without in any way being confined to the material or liqui d
employed, or the manner in which it may be distributed or
arranged, in order to produce the desired effect of protecting
boxes, safes, or other depositories enclosing papers, or other
materials, from fire." It was on the construction of these
words that b' had directed them in point of law, that the de-
fringed exception,
t ii e
patent; left it
iffo r
they tt]
feudant may have infringed the patent, although he did not
make use of tubes, or pipes, or artificial vessele. With this
was so,
ddrmtagheasd
not
t-
beitig in dispute, the sum of forty shillings would be sufficient:
but they were to consider, themselves, which way they would
find their verdict.
The Jury, after a short deliberation, said they found their
verdict upon all the issues for the plaintiff.
VERDICT FOR THR PLAINTIFF.
Upon this verdict, establishing the validity of
of Milner's Pi.
tents, so fully confirmed by his Honour the Ni
1
decision, further ernfoutondsatyhaift itthvie.
proceedings in Chancery are being adopted
against all parties Seiliv, iloliiing, or Uoing thole Safes or
proceedi
Boxes.