IMPROVEMENTS IN THE MANUFACTURE OR PRODUCTION OF ORNAMENTAL FABRICS
Year: 1852

page_text: TO ALL TO WHOM THESE PRESENTS SHALL COME, I, JAMES
MACNEE, of Glasgow, in the County of Lanark, North Britain, Merchant,
send greeting.
WHEREAS Her present most Excellent Majesty Queen Victoria, by Her
Royal Letters Patent under the Great Seal of the United Kingdom of Great
Britain and Ireland, bearing date at Westminster, the Twentieth day of
January, in the fifteenth year of Her reign, did, for Herself, Her heirs and
successors, give and grant unto me, the said James Macnee, Her special
license, full power, sole privilege and authority, that I, the said James
Macnee, my exors, adñors, and assigns, and such others as I, the said James
Macnee, my exors, adiñors, or assigns, should at any time agree with, and no
others, from time to time and at all times during the term of years therein
expressed, should and lawfully might make, use, exercise, and vend within
England, Wales, and the Town of Berwick-upon-Tweed, my Invention of
"IMPROVEMENTS IN THE MANUFACTURE OR PRODUCTION OF ORNAMENTAL FABRICS;"
in which said Letters Patent is contained a proviso requiring that I, the said
James Macnee, by an instrument in writing under my hand and seal shall par-
ticularly describe and ascertain the nature of my said Invention, and in what
manner the same is to be performed, and shall cause the same to be enrolled

page_text: in Her said Majesty's High Court of Chancery within six calendar months
next and immediately after the date of the said in part recited Letters Patent.
NOW KNOW YE, that in compliance with the said proviso, I the said
James Macnee, do hereby declare the nature of my Invention, and in what
manner the same is to be performed, to be particularly described and ascer-
tained and by this present instrument in writing, as follows:-
Whereas the several classes of woven fabrics technically known by manu-
facturers and merchants as zebras, used as dresses, robes de chambre, certain
kinds of shawls, and other articles of ornamental dress, are at present manu-
factured or produced by the troublesome and expensive processes of winding,
warping, and dyeing the yarns, and finally producing the ornamental fabric by
an intricate system of weaving in the jacquard or other complex harness loom;
the fabrics so made have a plain or twilled even surface on the pattern side,
whilst the reverse or wrong side is back-lashed or flushed, that is, it has
portions of the wift threads or shots flushed or thrown over a larger or a
smaller number of the warp threads by the action of the jacquard or other
loom harness in producing the required pattern, or by another mode of manu-
facture, it has portions of the warp threads similarly flushing over certain of
the wift shots. Now the object of my Invention is to produce new ornamental
fabrics of a similar class, whilst the goods so made present in some respects a
more effective appearance than the zebras produced in the manner to which I
have herein-before referred; and I produce such fabrics from any suitable
textile materials or combinations, either in a grey or white state, but neither
dyed nor printed, either by plain weaving in the ordinary loom, or by any
other simple wearing mechanism, merely arranging the heddles or the warp or
wift threads so that the goods may have one surface plain or twilled, and the
reverse surface flushed, and possessing a general resemblance, except in color
and figure, to that which results from the pattern action of the jacquard
or other harness in weaving the ornamental figure in zebras from colored
threads.
And whereas in producing zebras by the existing system of pattern weaving
the flushed reversed side of the fabric is a necessary result of the varied or
differential interlacing or crossing of the colored warp and wift threads due to
the pattern action. A similar peculiarity is in my system of manufacture pur-
posely produced, in order that the goods which I make may the more nearly
resemble the same class produced in the ordinary manner. I afterwards complete
the manufacturing process by printing the required ornamental pattern on the
plain or twilled side of the fabric by any of the ordinary well-known modes of

page_text: printing. By the adoption of this system of manufacture the peculiar class of
goods to which my Invention specially refers is produced with the same ease,
and as expeditiously or nearly so, as a plain fabric, whilst the effect of such
goods is superior to that of goods made in the ordinary manner. Further, as
my system of production dispenses with the several processes of dyeing or
printing the yarns as well as the winding of the wift, and the intricate system.
of weaving in a jacquard or other figuring loom, all which are essentially neces-
sary in the ordinary process of manufacturing zebras, I am enabled to produce
goods at a much cheaper rate than by the existing system of manufacture.
The finished goods bear a very strong resemblance to those of the ordinary
zebra class; the essential distinctions being,―
First, that the flushed surface of the fabric is of the natural color of the
yarn in its plain undyed or printed state, except where the printing colors
pass through from the pattern side.
Second, the flushing is not necessarily irregular, as it must be when it is the
result of the pattern action in the common zebra loom.
Third, the colors being laid on the exterior of the fabric in a solid mass are
full, bright, and solid in appearance, the dulling effect of the interference of the
warp and wift threads of different colors in the common zebra being totally
avoided.
Having now described and particularly ascertained the nature of my Inven-
tion, and the manner in which the same is or may be used or carried into
effect, I may observe, in conclusion, that I do not confine or restrict myself to
the precise details or arrangements which I have had occasion to describe or
refer to, as many variations may be made therefrom without deviating from
the principles or main features of my Invention. But what I consider to be
novel and original, and therefrom claim as the Invention secured to me by the
herein-before in part recited Letters Patent, is,-
First, the manufacture of a new fabric of the zebra class, or nearly
resembling zebras.
Second, the process or mode of manufacturing is producing such fabrics as
herein-before described.
Third, the manufacture or production of a plain or unfigured fabric, with a
flushed reverse side, for the purpose herein-before described.
In witness whereof, I have hereunto set my hand and seal, the Seven-
teenth day of July, in the year of our Lord One thousand eight
hundred and fifty-two.
JAMES (L.S.) MACNEE.

page_text: AND BE IT REMEMBERED, that on the Seventeenth day of July, in the
year of our Lord 1852, the aforesaid James Macnee, came before our said
Lady the Queen in Her Chancery, and acknowledged the Specification afore-
said, and all and every thing therein contained and specified, in form above
written. And also the Specification aforesaid was stamped according to the!
tenor of the Statute made for that purpose.
Enrolled the Twentieth day of July, in the year of our Lord One
thousand eight hundred and fifty-two.

page_text: DISCLAIMER AND MEMORANDUM OF ALTERATION, entered pursuant
to an Act passed in the fifth and sixth years of the reign of His late
Majesty King William the Fourth, intituled "An Act to amend the
Law touching Letters Patent for Inventions."
TO ALL TO WHOM THESE PRESENTS SHALL COME, we, JAMES
MACNEE, of Glasgow, in the County of Lanark, North Britain, Merchant,
ROBERT BELL, of Glasgow aforesaid, Manufacturer, CHRISTOPHER DUCKWORTH,
of Glasgow aforesaid, Manufacturer, and ROBERT MCNAIR, the younger, of
Glasgow aforesaid, Commission Agent, send greeting.
WHEREAS Her Majesty Queen Victoria, by Her Letters Patent under
the Great Seal of the United Kingdom of Great Britain and Ireland,
bearing date at Westminster, the Twentieth day of January, in the fifteenth
year of Her reign, did grant unto the said James Macnee, his exors, adiñors,
and assigns, the sole privilege of making, using, exercising, and vending his

page_text: Invention of "IMPROVEMENTS IN THE MANUFACTURE OR PRODUCTION OF ORNA-
MENTAL FABRICS" within England, Wales, and Berwick-upon-Tweed, during
the term of fourteen years thence next ensuing: And whereas in pursuance and
performance of a proviso in the said Letters Patent contained, the said James
Macnee, did, within six calendar months next after the date of the said Letters
Patent, cause a Specification, being an instrument in writing under his hand
and seal, particularly describing and ascertaining the nature of the said
Invention, and the manner in which it is to be performed; to be duly enrolled
in the Court of Chaucery at Westminster aforesaid: And whereas by virtue
of a certain contract or agreement in writing, dated the Twenty-first day of
February, One thousand eight hundred and fifty-three, and made between the
said James Macnee, and the said Robert Bell, Christopher Duckworth, and
Robert McNair the younger, the said Robert Bell, Christopher Duckworth,
and Robert M.Nair the younger, respectively became entitled unto certain
equitable or other parts, shares, or interests in the said Letters Patent, and the
privileges thereby granted: And whereas since the enrolment of the said
Specification, and since the making of the said contract or agreement, we
have been advised that it is doubtful whether the claims of Invention' con-
tained in the said Specification are not too extensive, or are capable of such a
construction as might make such claims be deemed to be too large and
extensive, and we are desirous of preventing doubts and questions respecting
the validity of the said Letters Patent, by expressly confining the claims of
Invention contained in the said Specification to the Invention which was
intended to be comprised in the said Letters Patent, and we are therefore
desirous of making, entering, and filing the Disclaimer and Memorandum of
Alteration herein-after expressed or contained.
NOW KNOW YE, that by and with the leave of Sir Alexander James
Edmund Cockburn, Knight, Her Majesty's Attorney General, and for the
reasons aforesaid, we, the said James Macnee, Robert Bell, Christopher
Duckworth, and Robert M.Nair the younger, do hereby disclaim so much of
the claims contained in the said Specification as consists of the words, letters,
and figures following (that is to say) :-
66
(2.) The process or mode of manufacturing or producing such fabrics."
And with the leave aforesaid, and for the reasons aforesaid, we also disclaim
the printing of patterns and also the process or mode of manufacturing or
producing fabrics described or mentioned in the said Specification separately
or apart from the application thereof to the manufacture of a new fabric of the
zebra class, or nearly resembling zebras, such as described in the said Specifi-
cation; or from the application thereof to the manufactured production of a

page_text: plain or unfigured fabric with a flushed reverse side, such as described in the
said Specification, as being any part of the Invention comprised in the said
Letters Patent. And we also disclaim all parts of the said Specification which
are not comprised in the same as altered in manner herein-after expressed;
and by and with the leave aforesaid, and for the reasons aforesaid, we do hereby
alter the said Specification, so that the same shall, in pursuance of the aforesaid
Disclaimer, be in the words, letters, and figures following (that is to say) =
"To all to whom these Presents shall come, I, James Macnee, of Glasgow,
"in the County of Lanark, North Britain, Merchant, send greeting.
"
6
"
"Whereas Her present most Excellent Majesty Queen Victoria, by Her
Royal Letters Patent under the Great Seal of the United Kingdom of
"Great Britain and Ireland, bearing date at Westminster, the Twentieth day
"of January, in the fifteenth year of Her reign, did, for Herself, Her heirs
"and successors, give and grant unto me, the said James Macnee, Her special
licence, full power, sole privilege, and authority that I, the said James
"Macnee, my exors, admors, and assigns, and such others as I, the said
"James Macnee, my exors, adññiors, and assigns, should at any time agree
"with, and no others, from time to time and at all times during the term of
years therein expressed, should and lawfully might make, use, exercise, and
"vend, within England, Wales, and the Town of Berwick-upon-Tweed, my
"Invention of Improvements in the Manufacture or Production of Orna-
"mental Fabrics;' in which said Letters Patent is contained a proviso,
"requiring that I, the said James Macnee, by an instrument in writing under
my hand and seal, shall particularly describe and ascertain the nature of my
"said Invention, and in what manner the same is to be performed, and shall
cause the same to be enrolled in Her said Majesty's High Court of Chancery
"within six calendar months next and immediately after the date of the said
"in part recited Letters Patent.
"
"Now know ye, that in compliance with the said proviso, I, the said
"James Macnee, do hereby declare the nature of my Invention, and in what
SE
manner the same is to be performed, to be particularly described and
"ascertained in and by this present instrument in writing, as follows:-
"Whereas the several classes of woven fabrics, technically known by manu-
"facturers and merchants as zebras, used as dresses, robes de chambre, certain
"kinds of shawls, and other articles of ornamental dress, are at present manu-
"factured or produced by the troublesome and expensive processes of winding,
"warping, and dyeing the yarns, and finally producing the ornamental fabric
46
by an intricate system of weaving in the jacquard or other complex harness
"loom; the fabrics so made have a plain or twilled even surface on the pattern

page_text: "side, whilst the reverse or wrong side is back-lashed or flushed, that is, it'
"has portions of the weft threads or shots flushed or thrown over a larger or
"smaller number of the warp threads by the action of the jacquard or other
"loom harness in producing the required pattern; or, by another mode of
"manufacture; it has portions of the warp threads similarly Hushing, over
"certain of the weft shots:
65
.
66
Now, the object of my Invention is to produce new ornamental fabrics of
"a similar class, whilst the goods so made present in some respects a more
"effective. appearance than the zebras, produced in the manner to which I'
", have herein-before referred; and I produce such fabrics from any suitable
".. textile materials or combinations either in a grey or ivhite state, but neither
dyed nor printed, either by plain weaving in the ordinary looni, or by any
"other. suitable weaving mechanism, merely arranging 'the headles or the
"warp. or weft threads so that the goods may have one surface plain or twilled,'
"..and the reverse surface flushed, and possessing a general resemblance except
"in color and figure to that which results from the pattern action of the jacquard
"or other harness loom in weaving the ornamental figure in zebras from
"colored threads. And whereas in. producing zebras by the existing system"
"of: pattern weaving, the flushed reversed side of the fabric is a necessary"
"result of the varied or differential interlacing or crossing, of the colored warp's
". and weft threads due to the pattern action, a similar peculiarity is in my
"system of manufacture purposely produced, in order that the goods which I
"make, may the more nearly resemble the same class produced in the
_ordinary manner. I afterwards complete the manufacturing process. by"
printing the required ornamental pattern on the plain or twilled side of the
fabric by any of the ordinary well-known modes of printing. By the adoption
"of this system of manufacture, the peculiar class of goods to which my
"Invention specially refers is produced with the 'same ease, and as expe-
ditiously, or nearly so; as a plain fabric," "whilst the effect of such goods is
superior to that of goods made in the ordinary manner. Further, as my
system of production dispenses with the several processes of dyeing or
printing the yarns, as well as the winding of the weft, and the intricate system
"of weaving in a jacquard or other figuring loom, all which are essentially
66 necessary in the ordinary process of manufacturing zebras, I am enabled to
produce goods at a much cheaper rate than by the existing system of
"manufacture. The finished goods bear a very strong resemblance to those
"of the ordinary zebra class, the essential distinctions being, first, that the
"flushed surface of the fabric is of the natural color of the yarn in its plain
undyed or unprinted state, except where the printing colors pass through
66
66
66-
66
66
66
66
"

page_text: "from the pattern side; second, the flushing is not necessarily irregular, as
"it must be when it is the result of the pattern action in the common zebra
"loom; third, the colours being, laid on the exterior of the fabric in a solid
mass, are full, bright, and solid in appearance, the dulling effect of the
"interference of the warp and weft threads of different colors in the common
"zebra being totally avoided...
...
"Having now; described and particularly ascertained the nature of my.
"Invention, and the manner in which the same is or may be used or carried
"into effect, I may observe, in conclusion, that I do not claim the printing of
"patterns, or the process or mode of manufacturing or producing fabrics,
"which I have described or mentioned separately or apart from the applica-
"tion thereof to the manufacture of a new fabric of the zebra class, or nearly
resembling zebras, such as I have described; or from the application thereof
"to the manufacture, and production of a plain and unfigured fabric with a
"flushed reversed side, such as I have described above, as being any part of
my Invention comprised in the said Letters Patent; but what I consider to
"be novel and original, and therefore claim as the Invention secured to me
by the herein-before in part recited Letters Patent, is,―
66
66
66
66
(1.) The manufacture of a new fabric of the zebra class, or nearly;
herein-before described.
A
"resembling zebras (2.) The manufacture or production of a plain or
"unfigured fabric with a flushed reverse side, for the purpose herein-before
" described.
"In witness whereof, I have hereunto set my hand and seal, the
"Seventeenth day of July, in the year of our Lord One thousand
eight hundred and fifty-two.
6
." JAMES (L.S.) MACNEE."
And we, the said James Macnee, Robert Bell, Christopher Duckworth,
and Robert McNair the younger, do hereby declare that the above-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 granted
by the said Letters Patent, and that these Presents shall not extend the said
exclusive right in. any way whatsoever.
:

page_text: To the Clerk of the Patents of England.
This is to certify that James Macnee, of Glasgow, in the County of Lanark,
North Britain, Merchant; Robert Bell, of Glasgow aforesaid, Manufacturer;
Christopher Duckworth, of Glasgow aforesaid, Manufacturer; and Robert
Mac Nair the younger, of Glasgow aforesaid, Commission Agent, have applied
to me for leave to enter with you the within-written Disclaimer and Memo-
randum of Alterations, for which Letters Patent were granted to the said James
Macnee under the Great Seal, bearing date the 20th day of January 1852,
and to which the Specification was duly enrolled; and on considering the said
application, I directed the said petitioners to advertise their said Disclaimer
and Memorandum of Alterations. in the London Gazette, the Times, Daily
News, and the Glasgow Herald newspapers, and such advertisements were
accordingly made. Upon hearing the oppositions that were entered against
the said application, I directed that the Disclaimer and Memorandum of
Alterations might be entered with you, pursuant to the Statute 5th & 6th
William 4th, cap. 88, upon the terms that not any proceedings or suit in law
or equity should be commenced or prosecuted against William Nimmo, John
Heugh, George Balfour, and A. L. Knox, or either of them, for any infringe-
ment prior to the enrollment of this Disclaimer.
AND BE IT REMEMBERED, that on the Second day of February, in the
year of our Lord 1855, the aforesaid Christopher Duckworth came before our
said Lady the Queen in Her Chancery, and acknowledged the Disclaimer
aforesaid, and all and everything therein contained and specified, in form
above written. And also the Disclaimer aforesaid was stamped according to
the tenor of the Statute made for that purpose.
Enrolled the. Ninth day of February in the
T

page_text: Tuesday, the 19th day of June, in the 18th year of the reign of Her
Majesty Queen Victoria, 1855.
In the Matter of the Disclaimer of James Macnee, Robert Bell,
Christopher Duckworth, and Robert McNair the younger, of parts
of the Specification of an Invention comprised in Letters Patent
granted to the said James Macnee on the Twentieth day of January,
One thousand eight hundred and fifty-two.
Upon the petition of James Macnee, Robert Bell, Christopher Duckworth,
and Robert M*Nair the younger, on the 19th day of June instant, preferred
unto the Right Honble the Master of the Rolls, and upon hearing counsel
for the Pet", and upon reading the said petition, counterpart or duplicate of
Disclaimer in the petition mentioned, usually called the entry paper, the
engrossment of the said Disclaimer, an affidavit of John Henry Johnson, and
an affidavit of Joseph Daniel Marsden, his Honor doth order, that the enrol-
ment of the Disclaimer in the petition mentioned be amended, by the insertion
therein of the words "herein-before described." And it is ordered, that a
copy of this Order be endorsed on the back of the Roll on which the fiat or
certificate is enrolled.
Therefore, on the Nineteenth day of June, in the year of our Lord 1855,
the amendment aforesaid was made accordingly.