granted to Henry Osborne in 1817. Osborne used a pair of grooved rollers, similar to the rollers employed in rolling round iron. The invention of Osborne has been employed chiefly in welding gun-barrels from plates of iron called skelps, and is now in common use by the gun-makers of Birmingham. About 1820 Osborne commenced the manufacture of gas [tubes by means of his invention, and the tubes so made were used for lighting his workshops. He also made gas tubes for Mr. Clegg, the earliest, and still the most eminent of our practical gas engineers. The tubes were made in lengths of about 4 feet each, and had to be passed between the rollers many times before they were completely rounded. The welding was done on a mandril, and the latter rollings without a mandril, for the purpose of rounding the tube by repeated rollings as is done in rolling round bar iron. In 1824 Mr. Russel took out his patent for welding tubes, and proposed the use of a tilt hammer, and also grooved rollers; he says the welding may be done either with or without a mandril. In 1825 Whitehouse took out his patent for the same purpose, which (as before stated) was afterwards assigned to Mr. Russel. The invention of Whitehouse consists in drawing the tube at a welding heat through a pair of dies or holes, the dies or holes gradually decreasing in size, and the pipe or tube being re-heated after each drawing operation; only one half of the tube is heated at a time, and after that half has been reduced to the required diameter, and drawn to the requisite length, the other half of the tube is heated, and drawn through a pair of dies; it is then re-heated and drawn through another pair of dies, a little smaller; after which it is once more reheated and re-drawn through another pair of dies a little smaller than the preceding; the tube, after six operations (three at each end) is finished so far as concerns the welding, and a skelp of 5 feet 6 inches long becomes by these operations 8 feet long. The main bench moves at the rate of 1 foot per second, so that to weld a pipe 10 feet long would occupy at least forty seconds of time. Now the peculiarity of Mr. Prosser's invention consists in this, that a pipe is perfectly welded by one operation of the machine, and whatever may be the diameter of the pipe, a length of 10 feet is welded in two seconds.

The judgment of his Honour, the Vice Chancellor of England, will be found to state very clearly the difference between the two inventions, and the decided improvement which the defendant has effected.]

The Vice Chancellor. With regard to the merits of this case, in the first place it

appears to me to be an extremely interest. ing case, and interesting from this circum stance particularly, because it cems to me to be quite established that the thing which in substance Mr. Whitehouse claimed as the principle of his invention was new; namely, the causing to pass by some means or other the imperfectly formed iron tube, when it was nearly in a state of fusion, through a cylindrical ring which would give such a pressure on the softened metal as would cause the parts to weld, and in that sense to form a perfect tube. I observe, however, there are differences brought forward with respect to the mode which the defendants adopt. The plaintiff himself was utterly indifferent to the mode by means of which the almost fluid metal should be caused to pass through the cylindrical ring -through what he calls in one place, swages, or dies, and in another place, dies or holes. He was utterly indifferent to the mode by which that propulsion should be created.

Now, as I understand it, the defendants have invented this plan. By means of four pulleys, which are grooved, or things in the shape of pulleys which are grooved, the defendants contrive to give a propulsive motion to the heated tube as it passes through the grooves, which grooves collectively make together a ring or cylindrical ring, which has the effect of compressing the tube in every part, and causing the operation of welding, but which at the same time has the effect of by itself causing the tube to move forward, and therefore gets rid altogether of that machinery of the draw-bench and the pincers and so on, which is described at considerable length in Mr. Whitehouse's specification.

You see the substantial difference between the two things is, that according to the specification of Mr. Whitehouse, the die or the hole is fixed, it is motionless, and it is motionless in this sense, that it not merely stands still, but it communicates no motion; whereas, as I understand it, the pulleys which are used by the defendants, though they themselves are fixed in this sense, namely, that their centres do not move, yet their circumferences are moving, and the motion of their circumferences in a fixed plane, they being at right angles to each other, has the effect of giving a motion to the tube as it passes through their edges. Now that, certainly, is a very important difference between the two, although I am not going now to pronounce on the question whether the thing is identically the same. It seems to me, however, that there is a very substantial difference in that respect between the two.

Well then, it is observed that the plaintiff's patent, that is to say, Mr. White

house's patent, has in its specification this direction, that after the tube has been moved to a certain extent, the pincers are to be taken off, the thing itself is to be reversed in position, and that which before was not exposed to the action of the fire, is to be put into the furnace, and nearly fused, and then to go through the same operation as its first half had previously gone through.

Now it is very remarkable that in this specification of Mr. Whitehouse, it is said, and said in praise of the thing, "That the length of the pieces of tube thus made, is likewise a great advantage, as by these means they may be made from 2 to 8 feet long in one piece, whereas by the old modes the lengths of tubes cannot exceed 4 feet without considerable difficulty, and consequently an increased expense," whereas it is reasonably plain, upon the statement of the machinery used by the defendants, that so far from stinting the tubes to the length of 4 feet, or 8 feet, they may be made to any length to which the tube may be propelled, and there is no limit to it, as I understand. Now there was, and I have no doubt that what this specification says is true, there was a very great advantage derived by the power given by Mr. Whitehouse's patent of making the tubes even to the limited extent, and what seems to have been considered the utmost extent of 8 feet.

Mr. Richards (for the plaintiff.) They cannot make them so long as we can.

Mr. Bethell (for the defendant.) Oh yes we can, and longer.

The Vice Chancellor. That I do not know any thing about.

Mr. Bethell, Will you give us an order for some 12 feet long?

The Vice Chancellor. I am speaking of the thing only theoretically. There is no physical limit to the extent to which the tube may be made by the defendants' process by one uniform operation. Well, now, those things do appear to me to be things that ought very much to be considered, when the question is raised whether there has been an infringement of the plaintiff's patent or not; and though I can easily understand that when the thing was in a ruder state at the time when Cowley's case came forward,* and that it might very well do then to hold there was an infringement of the patent, yet I cannot but myself think there is a fair question here to send to a jury. I cannot but think, on the whole, there is quite enough to constitute a fitness for sending the case to a jury. And one thing which occurred to me was this, that if it be true that there is a very great improvement by means of the machinery under which the

Russel v. Cowley, 1. Cr. M. and R. 864.

367

defendants are acting, why, if I were to grant an injunction in the first instance, I might be depriving the public for a time of the benefit of that very improvement. Now I should be extremely unwilling to do that, unless I felt the case was irresistibly clear, and therefore I rather think the safest and the best course, and therefore the course I ought to pursue, is to direct there shall be an action brought by the plaintiff, in such manner as he may be advised, against the defendant, for the purpose of determining this question; and I shall direct it in the usual terms, that both parties may be at liberty to apply. If it were desired by the plaintiff that he should have an inspection of the defendants' works, I do not understand the defendants themselves to refuse it. Mr. Bethell. We have been always ready and willing.

The Vice Chancellor. I think so, and therefore it struck me it might be possible for the plaintiff to get in without an order. The witnesses of the plaintiff should have an opportunity of stating to the jury what is the actual state of the defendant's machinery, in order that their testimony may be contrasted with that which may be given on behalf of the defendants, and in order also that they may be enabled to state what is the difference, if any, between the machinery as now constituted, and the machinery as it was in the month of July or August last. What

I incline to do is this, to give a direction that the defendants shall, at reasonable times, permit an inspection of their machinery by agents of the plaintiff, the plaintiff giving reasonable notice; and I would give liberty to apply, meaning thereby, of course, that if it became necessary, after an inspection, to require the defendants to make an affidavit, then I would direct the defendants should make an affidavit, rather than direct them in the first instance to make it, because it appears to me I must presume, and I have a right to presume the defendants will act fairly.

Mr. Richards. That is amply sufficient.

The Vice Chancellor. The order is, that the motion at present stands over; the plaintiff undertaking to bring such action as he may be advised, and the defendants being directed to permit the plaintiff's agents, at reasonable times, and with reasonable notice, to have an inspection of the defendant's machinery, with liberty to apply. It appears to me that that will be the order necessary for the real and fair trial of this great question.

Mr. Rotch. A like inspection, of course, by the defendants, of the plaintiff's machinery.

Mr. Richards. Certainly.

The Vice Chancellor. Of course.

NOTES AND NOTICES.

Photo-lithography.-An artist at Rome, named Rondoni, has just succeeded in taking photographic drawings on stone, and printing from it. In that way he printed a lithograph of a nebula of Orion! This is printing at second hand from nature herself: bringing the firmament within one move of the press. The next process will be to print speech and music warm from the lips.-Spectator.-The most curious part of the whole affair our esteemed contemporary has omitted to state. The reflected image of the nebula of Orion exhibited the exact likeness of a whale! "Very like a whale!"

The Precursor-the name given to the first of a line of large steam-vessels about to be established between Calcutta and Suez-which arrived recently in the River, from the Clyde, accomplished the voyage in the remarkably short space of 70 hours, being at the average rate of 11 geographical miles per hour. She is of 1,751 tons, and 500 horses power. The engines, which are of the common side lever construction, have been constructed by Mr. Robert Napier, of Glasgow.

Steam Navigation of the Danube and Black Sea.In 1830, a company for the promotion of steam navigation on these waters was chartered by the Emperor of Austria. In 1831, the first boat, the "Francis I.," was launched. In 1840, they had 10 river boats and 10 sea boats in operation, and 5 more on the stocks. These boats now make regular passages, during the navigation season, between Lintz, Vienna, Pest, Semlin, Galatz, Varna, Constantinople, Trebizond, Salonica, and Smyrna. The passage from Vienna to Constantinople is accomplished in 17 days. All the boats are built after English models. Two of them, the "Sophia" and "Stephan," are of iron. The fuel used is coal, from the vicinity of Pilsen, in Bohemia.

The Maine and Danube Canal, which now approaches its completion, is 108 miles in length, and connects the Danube, near Ratisbon, with the Maine, at Bamberg. When it is opened, an uninterrupted communication by water will exist between the North Sea, or German Ocean, and the Black Sea-one of the most magnificent lines of internal communication in the world.

New Quicksilver Mines.-A correspondent writes from Florence, that the mine of quicksilver discovered last year in the environs of Peravezza, near Pisa, is in full work, and during the last month yielded more than 6,000 lbs.-a produce that is daily increasing. The Grand Duke had visited them, and expressed his satisfaction at the able manner in which they had been conducted, announcing the intended appointment of a commission of French, English, Italian, and German geologists and chemists, to search for the other mines of quicksilver, which, according to tradition, exist in the Grand Duchy.-Morning Chronicle.

Cornish Steam-engines.-The number of pumping-engines reported for March last is forty-eight. They have consumed 4,163 tons of coal, and lifted 34,000,000 tons of water 10 fathoms high. The average duty of the whole is, therefore, 56,000,000 lbs. lifted one foot high by the consumption of a bushel

of coal.

Duration of Malleable Iron Rails.-Time was when engineers generally were under the impression that rolled iron edge rails, of 50lbs. to the yard, would last from 40 to 60 years, but experience is fast dissipating all such notions, by demonstrating that the duration of rails of malleable iron is not determined by mere superficial wear, but by the time which it requires for a given amount of trade rolling upon them, to disintegrate them internally-that is, to produce disruption and exfoliation of the lamina of which they are composed. Mr. Ellwood Morris, an American engineer, calculates (Franklin Journal for March) that 1,500,000 tons gross weight, conveyed over rolled iron edge rails of the T and H forms, weighing from 33 to 42lbs. per yard, will destroy them in 10 years. The rails of the Philadelphia and umbia railroad,

which are of this description, have been in use only 7 years, and are already exhibiting strong symp toms of coming destruction. Mr. Morris has the candour, at the same time, to mention that these results are in perfect accordance with what our countryman, Mr. W. Chapman, of Newcastle, (see Wood on Railroads,) predicted, many years ago, as most likely to happen.

The Mountains High" of Marine Scene Painters. Some writers have asserted that the height of the waves of the ocean, from the trough to the crest, reaches often to 40 and 50 feet. But Dr. Arnott, in his Elements of Physics, affirms that "no wave rises more than 10 feet above the ordinary sea level, which, with the 10 feet that its surface afterwards descends below this, gives twenty feet for the whole height, from the bottom of any water valley to the adjoining summit." From observations subsequently made with great care ia the midst of the Pacific Ocean, by the French Exploratory Expedition, it appears that Dr. Arnott was very nearly right. The maximum height of waves was then found to be 22 feet.

Dutch Wagons.-The Rev. W. L. Rham, in a paper on the Agriculture of the Netherlands, read before the Royal Agricultural Society of England, describes the Dutch wagons as light in weight, with a very narrow track to accommodate them to the narrow roads on the tops of the dykes. As a pole would be a great incumbrance in the act of turning round within a very narrow space, a curious substitute has been adopted, viz., a very short crooked pole, which rises in front, and is moved by the driver with his foot, as he wishes to direct the course of the wagon to the one side or the other: a person unaccustomed to the use of this contrivance, would never be able to drive a Dutch wagon, which requires great judgment to steer it, while a drunken driver would be discovered a long way off by the oscillations of his wagon, which frequently runs off the dyke, and is overturned into the ditch on one side or the other, the horses having no power to keep it straight when the crooked pole has not a steady foot to guide the front wheels. The Dutchmen always make their horses trot in the wagon when not heavily loaded; by which much time is saved in haymaking and harvest, and the horses being accustomed to it, naturally trot like carriage-horses, when the load and roads permit.

Fall of a Meteoric Stone at Grunenberg, in Silesia.-On the 22nd of March, 1841, at 3 p. m., the inhabitants of Heinrichau, who were abroad in the fields, heard three heavy reports like thunder-claps in the air, and soon after a whizzing noise, which ended in a sound like that of a heavy body falling to the ground. The sky at the time was almost wholly clear. Some persons went in the direction from which the sound came, and, after proceeding about one hundred and fifty paces, found a fresh hole in the earth, at the bottom of which, about half a foot below the surface, they found the stone which had just fallen. The stone, (which is of the form of a four-sided pyramid,) is evidently a fragment of a larger one which burst in the air: three of its sides are broken, the fourth is covered by the thin black crust peculiar to meteorites. It weighs two pounds four ounces.-Poggendorf's Annalen.

The Steam-bark "Clarion," fitted with Ericsson's propellers, was totally wrecked on the 19th of March, on the island of Cuba.

INTENDING PATENTEES may be supplied gratis with Instructions, by application (postpaid) to Messrs. J. C. Robertson and Co., 166, Fleet-street, by whom is kept the only COMPLETE REGISTRY OF PATENTS EXTANT (from 1617 to the present time). Patents, both British and Foreign, solicited. Specifications prepared or revised, and all other Patent busness transacted.

The rail is of rolled iron, imported from England; it is of the bridge, trough, or inverted U section,* 3 inches in height, 4 inches in width at the base, and 24 inches from out to out of the sides of the upright stems; the bars are in lengths of 20 feet, with their ends cut square, and weigh 340 pounds each, or 51 lbs. per lineal yard.

The rolled iron rail is supported throughout its length, by a continuous bearing of sawed timber, 4 by 8 inches in section, and in lengths of 20 feet, like the rail-bars and sub-sills.

The continuous bearing reposes flatwise upon cross-ties and bearing-blocks, the crossties being 4 by 6 inches in section, laid flatwise upon the sub-sills, and notched on the top 1 inch deep and 8 inches wide, to receive the continuous bearing; this notch being cut ths of an inch deeper on the side next the centre of the track, so that the continuous bearings when laid on both sides, mutually decline towards each other at the rate of ths of an inch in 8 inches, or 1 in 13, thus bringing the top of the iron rail also, into a plane of this inclination, which is the same as that of the cones of the wheels now used upon the Baltimore and Ohio Railroad.

The bearing blocks are 3 by 6 inches in section, and 1 foot in length, they are laid crosswise to the track upon their flat sides, and support the continuous bearing at points intermediate to the ties, without any notching.

The cross-ties are laid 5 feet apart between their centres, as are the bearing blocks, and hence, the continuous bearing is supported at points 24 feet asunder, if we measure from centre to centre of the supports, or has unsupported spaces, of but 2 feet lineal in the clear between the sides.

The cross-ties and bearing-blocks rest upon sub-sills, 3 by 10 inches in section, and also in lengths of 20 feet; at every point of support, the continuous bearings, the cross-ties or bearing blocks, and the sub-sills, are pinned together by tree-nails 14 inch in

This pattern of rail, which in section very much resembles the letter U inverted, and hence, in technical phraseology, ought perhaps to be called the U rail, was invented by S. V. Merrick, Esq., of Philadelphia, in 1831, and by him denominated the Trough Rail from its resemblance, when inverted, to a trough. (See the Franklin Journal for August, 1835.) It has been used upon the Wilmington and Susquehanna Railroad, and the Great Western Railway in England, and continues to give very satisfactory results.-ED.

diameter, and going quite through the three timbers; but where the joinings of the continuous bearing occur above a tie, two treenails of an inch in diameter (one in each of the meeting ends of the continuous bearing) are used.

The joinings of the rail-bars upon the opposite sides of the track, break joint with each other midway of their lengths; they also break joint at the same time with the continuous bearings upon which they rest, and these in like manner break joint with the sub-sills; every joint of two adjacent timbers of the continuous bearings, is made to fall upon a cross-tie, and all the joinings in the track are merely square butt joints, no scarfs being used; by this system of distributing the weak and strong points, the strength of the track is equalized.

A cast iron joint chair, weighing 7 lbs. is placed under the ends of every two adjacent rail-bars, and a centre chair, also of cast iron, weighing 4 lbs. under the middle of each rail.

The joint chairs, together with the railbars, are fastened down on the continuous bearing by two vertical screw-bolts, (one on each side of the chair) going through oblong mortise holes made in the timber, and also, through similar apertures in cast iron bearing-plates, fastened up against the bottom of the continuous bearing, in the interval between two supports, but close to one: the screw-bolt is formed with an oblong square head, fitting the mortise hole in one direction only, so that by making a half turn with it after its head has descended below the bearing plate just mentioned, it laps over the sides of the oblong hole in that plate, and falling into a recess cast for the purpose, when drawn up by the nut, the bearing plate is thus made to grasp the continuous bearing firmly: whilst the nut being screwed down upon a wrought iron washer and zine plate, (designed to protect the iron by galvanic action) which lap upon the projecting base, or feet of the contiguous bars of the U rail, they are thus secured to the joint chair, and the latter to the continuous bearing.

The centre chair, and the middles of the rails-bars, are held down on the continuous bearing by four brad-headed spikes, (each 4 inches long and square in the shank ;) and the iron rail between the joint and centre chairs is held by twelve similar spikes driven in pairs, (one on each side) at intervals of 2 feet.

The chairs are let their own thickness