IMPROVEMENTS IN LOOMS DISCLAIMER AND MEMORANDUM OF ALTERATION
Year: 1857

page_text: [The words printed in italic are in red ink, and the insertions within brackets
are interlined, in the original.]
In the Matter of Letters Patent granted to SAMUEL SUNDERLAND, and
RICHARD DEAN, of Burnley, in the County of Lancaster, for an,
Invention for "IMPROVEMENTS IN LOOMS," bearing date the Twenty-.
fifth day of April One thousand eight hundred and fifty-seven
(Number 1167.)
DISCLAIMER AND MEMORANDUM OF ALTERATION proposed to be
filed by the Assignee of the said Letters Patent, according to the Statutes'
in that case made and provided.
TO ALL TO WHOM THESE PRESENTS SHALL COME, I, HENRY MOORE,
of Burnley, in the County of Lancaster, Cotton Spinner, send greeting.
WHEREAS Her most Excellent Majesty Queen Victoria, by Her Letters
Patent, bearing date the Twenty-fifth day of April, in the year of our Lord One
thousand eight hundred and fifty-seven, in the twentieth year of Her reign, did,
for Herself, Her heirs and successors, give and grant unto Samuel Sunderland
and Richard Dean, of Burnley, in the County of Lancaster, Her special licence
that they, the said Samuel Sunderland and Richard Dean, their executors,
administrators, and assigns, or such others as they the said Samuel Sunderland
and Richard Dean, their executors, administrators, and assigns, should at any
time agree with, and no others, from time to tiine, and at all times thereafter,
during the term therein expressed, should and lawfully might make, use,
exercise, and vend within the United Kingdom of Great Britain and
i

page_text: Ireland, the Channel Islands, and Isle of Man, an Invention for
"IMPROVEMENTS IN LOOMS," upon the condition (amongst others), that they, the
said Samuel Sunderland and Richard Dean, by an instrument in writing
under their hands and seals, or under the hand and seal of one of them,
should particularly describe and ascertain the nature of the said Invention,
and in what manner the same was to be performed, and cause the same
to be filed in the Great Seal Patent Office within six calendar months
next, and immediately after the date of the said Letters Patent: And
whereas the said Samuel Sunderland and Richard Dean, in pursuance of the
proviso or condition aforesaid, did by a Specification or instrument in writing
under the hand and seal of the said Samuel Sunderland, bearing date the
Twenty-first day of October in the year of our Lord One thousand eight hun
dred and fifty-seven, particularly describe and ascertain the nature of the said
Invention, and in what manner the same was to be performed, and did cause.
the said Specification or instrument to be duly filed in the Great Seal Patent
Office on the Twenty-fourth day of October One thousand eight hundred and
fifty-seven And whereas by Indenture bearing date the Seventh day of April
One thousand eight hundred and sixty, and made or expressed to be made
between the said Samuel Sunderland and Richard Dean of the one part, and me
the said Henry Moore of the other part, all the estate and interest of the said
Samuel Sunderland and Richard Dean of- and in the said Letters Patent and
Invention, and of and in the rights, privileges, profits, and premises therein
comprised or thereby granted, were for the considerations in the said Indenture
expressed assigned unto me the said Henry Moore, my executors, administrators,
and assigns, and the said Indenture was duly registered in the Great Seal Patent
Office on the Fourteenth day of April One thousand eight hundred and sixty:
And whereas the aforesaid Specification in describing the manner in which
the said Invention was to be performed, duly set forth the manner of construc-
ting and applying an improved weft break which constituted the said Invention
for which the said Letters Patent had been obtained as aforesaid, and also
described certain apparatus, and the manner of arranging and combining the
same, which apparatus formed no part of the said Invention, but the arrange-
ment, combination and application whereof were nevertheless necessarily
described in order to enable the machinist or workman to place the said
improved weft break in such connection with the ordinary moving parts of the
loom, that the latter might effectually control and regulate the operations of
the said break from time to time according to the purpose of the said Invention:
And whereas I am advised that it is doubtful whether the said Specification
sufficiently distinguishes between the particular parts or improvements in

page_text: which the said Invention consists and for which the said Letters Patent were
granted, and the parts or apparatus which had been or might have been in
use previously to the date of the said Letters Patent and which formed no
part of the said Invention, but were introduced and described in connec-
tion with the newly invented parts or improvements for the purpose of
making the explanation more complete and accurate, and of enabling the
machinist or workman more perfectly to perform the said Invention, and
that the said Specification may possibly be construed as claiming not only
the improvements invented by the said Patentees, but also the whole of
the parts and apparatus described in the said Specification, and represented in
the Drawing thereto annexed, and thus be made to bear a moro extensive purport
than was contemplated or intended by the said Samuel Sunderland and Richard
Dean, when the said Specification was filed, and I am also advised that the title
whereby the said Invention is described in the said Letters Patent may bo
construed as being too large: And whereas the senso of the descriptive part
of the said Specification appears capable of being rendered more complete and
easy to be understood by certain verbal amendments or alterations: And
whereas, in order to remove all doubts as to the truo construction and meaning
of the said Letters Patent and Specification, and to define and explain more
accurately the nature and extent of the said Invention, I am .desirous of dis-.
claiming certain parts or words of the said Specification, and of amending the
claiming clause thereof, so that the latter may more clearly express and
ascertain the precise limits to which the claim of Invention is restricted, and
also of altering the title of the said Invention, by substituting the singular for
the plural number of the word " Improvements" therein used, and of im-
proving the grammatical construction, and completing the sense of some of the
descriptive paragraphs of the said Specification by slight verbal alterations.
NOW KNOW YE, THEREFORE, that I, the said Henry Moore, by and
with the leave of Her Majesty's Attorney-General, and for the reasons afore-
said, do hereby disclaim so many of and all the parts, words, or letters of the
said Specification which aro obliterated or erased with red ink in the copy of
the said Specification herein-after set forth; and in order to restore the con-
nection of the words preceding and following certain of the before-disclaimed
parts, words, or letters, and to cause the said Letters Patent and Specification
as hereby altered more particularly to define and describe the nature and
manner of performing of the said Invention, and to distinguish more precisely
the particular improvements or now parts which constitute the said Invention,
from the old and known parts or arrangements of mechanism which are or
ought to be described not as part of the Invention, but in connection therewith,

page_text: in order to enable the workman better to apply the said new improvements
or Invention, I, the said Henry Moore, by and with the leave, and for the
reasons aforesaid, do hereby alter the title, whereby the said Invention is
described in the aforesaid Letters Patent and Specification, by substituting the
words "An Improvement" for the word " Improvements" therein. And I
hereby further alter the said Specification by the insertion or substitution of
the words written in red ink in or at the places or parts of the said Specifi-
cation wherein the same are marked or written in or upon the said copy.
And in order to ascertain the parts, words, or letters to be so disclaimed,
obliterated, or erased, as aforesaid, from the said Specification, and the new or
added words to be inserted in the same, as before mentioned, I now proceed
to transcribe or copy the said Specification in black ink, with the said obli-
terations, crasures, alterations, and additions marked or written thereon with
red ink, so that the tenor of the remaining or unobliterated parts or words of
the said Specification, along with the newly inserted, added, or substituted
words as the same will stand after amendment by this present Disclaimer
and Memorandum of Alteration may be as follows (that is to say,)
"TO ALL TO WHOM THESE PRESENTS SHALL COME, we, SAMUEL.
"SUNDERLAND and RICHARD DEAN, of Burnley, in the County of Lancaster,
" send greeting.
"WHEREAS Her most Excellent Majesty Queen Victoria, by Her Letters
"Patent, bearing date the Twenty-fith day of April, in the year of our Lord
6.
One thousand eight hundred and fifty-seven, in the twentieth year of
"Her reign, did, for Herself, Her heirs and successors, give and grant unto
" us, the said Samuel Sunderland and Richard Dean, Her special license
".that we, the said Samuel Sunderland and Richard Dean, our executors,
administrators, and assigns, or such others as we, the said Samuel Sunder-
land and Richard Dean, our executors, administrators, and assigns, should
"at any time agree with and no others, from time to time, and at all times
thereafter, during the term therein expressed, should and lawfully might
make, use, exercise, and vend within the United Kingdom of Great Britain
" and Ireland, the Channel Islands, and Isle of Man, an Invention for
'Improvements An Improvement IN LOOMS,' upon the condition (amongst
others), that we, the said Samuel Sunderland and Richard Dean, by an
instrument in writing under our hands and seals, or the hand and seal of
"one of us, should particularly describe and ascertain the nature of the said
Invention, and in what manner the same was to be performed, and cause
* the same to be filed in the Great Seal Patent Office within six calendar
months next and immediately after the date of the said Letters Patent.*
"
"
"

page_text: "NOW KNOW YE, that I, the said Samuel Sunderland, for and on behalf
"of myself and the said Richard Dean, do hereby declare the nature of the
"said Invention, and in what manner the same is to be performed, to be
particularly described and ascertained in and by the following statement
(that is to say):-
"Our Invention consists of an improved mode of constructing a weft break,
"which acts more quickly and powerfully with a much less weight than
"those in ordinary use, being thereby less liable to derangement. The
"break is most conveniently made in the form of a segment of a circle of
"metal or other material, covered internally or faced with leather or other
"suitable substance. Connected to or forming part of the said segment
shaped part is a projection or tang, fitting a corresponding space in a
"frame fitted to a the side frame of the loom, and placed so that the
"segment may act by pressing centripetally against the Ay wheel vertically,
[0]
"
[at any]
^
horizontally, or at-any-in an angular or oblique position or direction. The.
"end of the tang or projection is not connected to the lever which applies-
"the breaky but presses upon the end thereof near its fulcrum, similar to a
"steelyard, or it may be jointed to the end of the said lever with a.
"joint-pin passing through a slot, so as to maintain or permit the straight
"er direct action of the break. In either case all parts of the inner
surface of the break touch the balance or fly wheel at the same time in
66
66
[]
consequence of its tang moving in a and-being-directed by the slide or
[and]
A
groove towards the centre of the fly wheel, and the said break not being con-
"nected to nor-forming part of a lever working upon a pivot or fulcrum. The
"lever which-applies the break may be of the ordinary construction, and either
66
66
[is]
straight or bent, and is attached, as usual, to à faller catch supported by
a pin, and also resting on the weft-fork lever when not required to act, but
"when a weft thread breaks and the weft-fork lever is pushed forward, the
"faller catch falls in the usual manner. The said faller catch can also be
66
64
knocked off the weft-fork lever by means of the concussion, or impact of
the stop-red tongue against or with the frog, which occurs when the shuttle is
"not duly lodged in the box, thus causing the break to be applied the same
"as when a weft thread breaks. The manner in which our said Invention
"is to be performed will be clearly understood by reference to the accompany-
ing Drawing, with the letters of reference thereon, in which is shewn
66
66
[an end]
A
an end-a-side view of the main parts of an ordinary loom having our im-
"proved break attached. a represents the main framing; b the crank shaft ;

page_text: "c the sword arm; d the frog; e the pulleys; the balance or fly wheel, all of
61
[and]
"
which parts are old+ and 9 is the break. The tang or projection on the
"break is shewn at h, fitting the small frame i and resting on the short arm of
the break lever k, which is regulated-by-an adjustable weight in the ordinary
"manner, and the fulcrum. of which is at l. The section of the ordinary weft
fork lever is seen at m, upon which is the usual faller catch n connected to the
break lever by the rod o, which all fall and cause the break to act when a weft
thread breaks, and the weft-fork lever is pushed forward in the same manner
as breaks of the ordinary construction are caused to operate upon the like
eccasions. P is a lever for causing the faller catch to fall when the shuttle
[is not in]
66
is not in does not reach the box in-due time in consequence of its lower
"end coming in contact with the frog, the weft-fork lever being stationary.
Having thus fully described the nature of our said Invention, and the
manner in which the same is to be performed, we desire it to be distinctly un-
"derstood that we do not confine ourselves to the exact details herein set forth, as
such may be varied or modified without departing from the principle thereof, but
we claim as of our Invention the art or method of constructing and applying
"the weft lever m, the faller catch n, the rod o, and the weighted lever k, nor
"the combination of these parts with a weft motion and break for the purpose of
" causing the operation of the break to be regulated and controlled by the move-
"ments of the weft stopping apparatus, nor do we claim the use or application
" of the lever p for causing the break to be applied by the motion of the frog d,
" and that what we do hereby claim or intend to claim as of our Invention, and
which to the best of our knowledge and belief has not been hitherto used
within the realm is; the peculiar arrangement and construction of a weft
"break applicable to looms for weaving, having a tang or spur projecting
therefrom, which tang slides in a fixed guiding groove, so as to cause the break
always to move in the direction of a radius of the fly wheel, as herein
"described and illustrated in the accompanying Drawing.
66
"In witness whereof, I, the said Samuel Sunderland, for and on behalf
of myself and the said Richard Dean, have hereunto set my hand
"and seal, this Twenty-first day of October, in the year of our
"Lord One thousand eight hundred and fifty-seven."

page_text: And I, the said Henry Moore, do hereby further declare that the before
written Disclaimer and Memorandum of Alteration are not nor is either of
them, nor is any part thereof respectively intended to extend the exclusive
right or privilege granted by the said Letters Patent, and that these Presents,
or anything herein contained, shall not extend the said exclusive right or
privilege in any way whatsoever.
In witness whereof, I, the said Henry Moore, have hereunto set my
hand and seal, this Nineteenth day of May, in the year of our Lord
One thousand eight hundred and sixty.

page_text: LETTERS PATENT to Samuel Sunderland and Richard Dean, of Burnley,
in the County of Lancaster, for the Invention of "IMPROVEMENTS IN
Looms."
Sealed the 20th October 1857, and dated the 25th April 1857.
PROVISIONAL SPECIFICATION left by the said Samuel Sunderland and
Richard Dean at the Office of the Commissioners of Patents, with
their Petition, on the 25th April 1857.
We, SAMUEL SUNDERLAND and RICHARD DEAN, of Burnley, in the County
of Lancaster, do hereby declare the nature of the said Invention for "Im--
PROVEMENTS IN LOOMS," to be as follows:-
Our Invention consists in an improved weft break, which acts more quickly
than those in use, and from its extreme simplicity is not liable to derange-
ment. The break is a segment of a circle, of any metal or material, covered
with leather or other suitable material, as usual, the under side of the said
segment having a projection or tang, which slides either vertically or in any
suitable position in a corresponding space or groove fixed to one of the side
frames of the loom. The projection or tang of the break is either separate
and unconnected to the lever (pressing upon the end of it near the fulcrum,
similar, to a steelyard), or jointed to the end of the said lever, having a slot so

page_text: as to maintain the straight action of the break. By this arrangement all
parts of the break touch the balance wheel at the same time, in consequence
of its not working upon a centre, but moving in a slide or groove. The lever
may either be straight or bent, and is released in the usual manner when
a weft thread breaks.
SPECIFICATION in pursuance of the conditions of the Letters Patent, filod
by the said Samuel Sunderland and Richard Dean in the Great Seal
Pafent Office on the 24th October 1857.
TO ALL TO WHOM THESE PRESENTS SHALL COME, we, SAMUEL
SUNDERLAND and RICHARD DEAN, of Burnley, in the County of Lancaster,
send greeting.
WHEREAS Her most Excellent Majesty Queen Victoria, by Her Letters
Patent, bearing date the Twenty-fifth day of April, in the year of our Lord
One thousand eight hundred and fifty-seven, in the twentieth year of Her
reign, did, for Herself, Her heirs and successors, give and grant unto us,
the said Samuel Sunderland and Richard Dean, Her special license that
wc, the said Samuel Sunderland and Richard Dean, our executors, admi-
nistrators, and assigns, or such others as we, the said Samuel Sunderland
and Richard Dean, our executors, administrators, and assigns, should at any
time agree with, and no others, from time to time and at all times thereafter
during the term therein expressed, should and lawfully might make, use,
exercise, and vend, within the United Kingdom of Great Britain and Ireland,
the Channel Islands, and Isle of Man, an Invention for "IMPROVEMENTS IN
Looms," upon the condition (amongst others) that we, the said Samuel Sunder-
land and Richard Dean, by an instrument in writing under our hands and
seals, or the hand and seal of one of us, should particularly describe and
ascertain the nature of the said Invention, and in what manner the same
was to be performed, and cause the same to be filed in the Great Seal Patent
Office within six calendar months next and immediately after the date of the
said Letters Patent.
NOW KNOW YE, that I, the said Samuel Sunderland, for and on behalf
of myself and the said Richard Dean, do hereby declare the nature of the
said Invention, and in what manner the same is to be performed, to be
particularly described and ascertained in and by the following statement (that
is to say):-
Our Invention consists of an improved weft break, which acts more quickly

page_text: and powerfully with a much less weight than those in ordinary use, being
thereby less liable to derangement. The break is a segment of a circle, of
metal or other material, covered with leather or other suitable substance.
Connected to or forming part of the said segment is a projection or tang, fitting
a corresponding space in a frame fitted to a side frame of the loom, and placed
so that the segment may act vertically, horizontally, or at any angular position.
The end of the tang or projection is not connected to the lever, but presses
upon the end near its fulcrum, similar to a steelyard, or it may be jointed to
the end of the said lever with a slot, so as to maintain the straight action of
the break. In either case all parts of the break touch the balance or fly
wheel at the same time, in consequence of its moving in a slide or groove, and
not connected to a lever working upon a pivot or fulcrum. The lever may be
either straight or bent, and is attached to a faller catch supported by a pin,
and also resting on the weft fork lever when not required to act, but when
a weft thread breaks, and the weft fork lever is pushed forward, the faller
catch falls in the usual manner. The said faller catch can also be knocked
off the weft fork lever by means of the concussion which occurs when the
shuttle is not in the box, thus causing the break to be applied the same as
when a weft thread breaks.
The manner in which our said Invention is to be performed will be clearly
understood by reference to the accompanying Drawing, with the letters of
reference thereon, in which is shewn an end view of the main parts of an
ordinary loom having our improved break attached.
a represents the main framing; b, the crank shaft; c, the sword arm;
d, the frog; c, the pulleys; f, the balance or fly wheel; and g, the break.
The tang or projection on the break is shewn at h, fitting the small frame i,
and resting on the short arm of the break lever k, the fulcrum of which is
at 7. The section of the weft fork lever is seen at m, upon which is the faller
catch n, connected to the break lever by the rod o, which all fall and cause
the break to act when a weft thread breaks, and the weft fork lever is pushed
forward. p is a lever for causing the faller catch to fall when the shuttle is
not in the box, in consequence of its lower end coming in contact with the
frog, the weft fork lever being stationary.
Having thus fully described the nature of our said Invention, and the
manner in which the same is to be performed, we desire it to be distinctly
understood that we do not confine ourselves to the exact details herein set
forth, as such may be varied or modified without departing from the principle
thereof; but we claim as our Invention, and which, to the best of our know-
ledge and belief, has not been hitherto used within the realm, the peculiar

page_text: arrangement and construction of a weft break applicable to looms for weaving,
as herein described, and illustrated in the accompanying Drawing.
In witness whereof, I, the said Samuel Sunderland, for and on behalf of
myself and the said Richard Dean, have hereunto set my hand and
seal, this Twenty-first day of October, in the year of our Lord One
thousand eight hundred and fifty-seven.
SAMUEL SUNDERLAND. (L.S.)
Signed, sealed, and delivered by the within-
named Samuel Sunderland, in the presence
SAMUEL SUNDERLAND. (L.S.)
Signed, sealed, and delivered by the within-
named Samuel Sunderland, in the presence
E. J. HUGHES, Patent Agent,
Manchester.