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increased by a new practice of the free of the various parties interested. An miners, which appears to have been very Act of Parliament accordingly rarely, if at all, practised during the passed, 1 & 2 Vict. c. 43, by which period of the Mine Law Courts; this Thomas Sopwith, of Newcastle-on-Tyne, was the practice of free miners selling or (on the part of the Crown); John Proassigning, for long terms of years, gales, byn, of Gloucester (on the part of the to persons not being free miners, and miners); and John Buddle, of Wallsend who were generally known in the Forest (as umpire); were appointed Commisby the term “foreigners." Among sioners “to ascertain what persons were, these

foreigners," the well-known at the passing of the Act, in possession of, names of Crawshay, Protheroe, and or entitled to, gales, for coals or iron Mushet, stand conspicuous. It is cer mines within the hundred of St. Briavels, tain, however, that but for the intrusion

sione quarries within the said of these “ foreigners”—but for each ad- Forest, or of any pits, levels, or other venturer of that class consolidating in his works, made by viriue of gales, for the person the individual rights of a number

purpose of working the coal and iron of the native miners, and but for the large mines of the said hundred," as also “to set capital which they introduced into the forth general rules, orders, and regulaForest-the deep mines, which are the tions for working the same" in future. richest, would never have been reached The Commission was opened at Coleand worked at all. According to ancient ford, on the 5th September, 1838, and custom, no gale could be granted within finally closed at the same place on the 1,000 yards, either in advance of the 26th of July, 1841; and the Award of level, or on the land side of an existing the Commissioners has now, by order of work, or within a circle of 12 yards ra the Commissioners of Woods and Forests, dius to a water pit; but ihese restrictions been printed under the superintendence allowed of twenty, forty, or even a hun of Mr. Sopwith, for the benefit of all dred gales being granted within the scope concerned. of a tract of deep coal, large enough to The labour of the Commissioners has justify the expenditure of from 5,0001. been prodigious; and, as far as we are to 10,0001. in the sinking of a shaft to competent to judge, it has been executed reach it. Besides, shafts could only be with great ability, discrimination, and sunk, and engines and machinery erected


The number of free miners' with the consent of the Crown, as the registered (1 Nov. 18+1) is 829, and that, owner of the soil; and in granting that we presume, may be taken as an index to consent, the Commissioners of Woods the least number of claims adjudicated and Forests claimed a right to exerrise upon. a reasonable discretion without any refer Of the general views by which the epce to the old custom of galing. To Commissioners were guided in the execuwork all the gales separately, would have tion of their task, Mr. Sopwith gives the been useless and ruinous, and many ex following satisfactory exposition :isted in such isolated situations as to be

" From these various considerations, it for all practical purposes utterly value will be seen that the peculiarities of the less. Again, according to the common Dean Forest customs were such as to preacceptation of the privileges conferred clude the application of any remedy, save on free miners, or their assigns, by a that of discretionary powers based on the gale, it was understood that the workings plain principles of common justice to the of a coal or iron mine, might be carried owners of the several properties, and of reato an indefinite extent, (that is under

sonable compensation in every case of in. ground,) unless interrupied by another evitable loss or injury. Mining is, under work; so that where a free mirer or a all circumstances, a very speculative subject, foreigner once penetrated to a deep coal

as regards prospective valuations; and the vein, he virtually obtained the monopoly

peculiar and irregular practices in Dean

Forest rendered it most difficult to define of a very large tract of coal, by the power

In most mining districts, which he possessed of extending his work,

the customs are tolerably well agreed upon; before any rival pit could be sunk.

and there are, in addition, grants or leases With custom and legal title thus at va which afford a guide in a legal point of view; riance, it became at length absolutely the ownership is usually clear and undisnecessary that the legislature should in

puted; the financial matters are also usually terfere to adjust and determine the rights well defined ; the cost of sinking and work

express rules.



ing is unencumbered with indirect and turies past, the possession of distinct tracts doubtful payments, as in the purchase of of coal and iron mine is secured to the pargales ; and the payment of a rent, which ties respectively entitled to claim such miwas rendered a minimum rent by the diffi. nerals." culty of applying the only remedy, viz., the The mode adopted of mapping the putting in of a fifth man. In mining districts mineral fields, which are the subject of this generally, it is usual to have definite tracts

Award, is excellent, and well deserving of coal, and protection from adjacent works; of imitation by all who are largely conbut in Dean est, all these were hitherto

cerned in mining property. In 1835 an wanting; there were no clear legal rights to

exact surface and subterranean survey of dispose of or allot, more than a mere spot,

the Forest of Dean was made for the or circle of twenty-four yards in diameter of the deep coal. There were no means of es

Commissioners of Woods and Forests, tablishing a colliery with an absolute cer

by Mr. Sopwith, whose qualifications for tainty of a safe investment; and the want

the purpose, as most of our readers are of a definite tract, the liability to encroach

no doubt aware, are of the very highest ment, and the flowing of water from adjacent order. The maps then supplied by Mr. works, tended to create great confusion even Sopwith were afterwards engraved, and in the free-drainage works, and to make the made the basis of the Commissioners' large mines comparatively valueless.

Award. Of these plans there are sixIf the owners of the large mines could, as teen on separate sheets, all of the same in other districts, have secured an equivalent

size ; one is an index map of the whole tract of coal, the difficulty of arriving at a Forest, and each of the remaining fifteen, satisfactory conclusion would have been

which are on a scale four inches larger, materially' lessened. But this in practice comprises an area of four square miles. was not so; the custom of galing, in many cases, occupied coal which might have been “The index map inserted in this volume, reasonably expected to be worked by other

forms the sixteenth sheet of the entire series, parties. The Mining Commissioners atten each sheet being of the same dimensions as tively considered the various suggestions

the index map, and numbered so as to corwhich had been made; and after a deliberate respond with the small squares on the latter. examination of the circumstances of each The scale of the index map is 2 inches to case, a transition from the then impracticable

one mile; each compartment, therefore, comcustoms, to a rational and provident system prises four square miles, and each sheet of of mining has been effected in the Forest of the large map in detail contains in like Dean.

manner a separate area of four square miles, “ The deep workings lie at a considerable the scale of the map being ten inches to a depth from the surface of the lowest valleys,

mile, or eight chains, to an inch. By and even below the level of the sea; land or means of the index map, therefore, any one free drainage is therefore precluded. The

may ascertain what particular square or strata abound with water, which, from so squares of the larger map are wanted in ilgreat a depth, cannot be drawn without the lustration of the mining operations in any use of horse-gins, or manual labour; and part of the Forest. These sheets are printed where the mines are deep, and the quantity

on stout drawing paper, so as to admit of any of water such as prevails in the mines of additional planning being laid down; and a Dzan Forest, steam-engines and machinery

broad margin is left on one side for the purare indispensable.

pose of inserting any remarks, drawing secThe great expense attendant on such works tions of strata, or other details, which would rendered it necessary that tracts of coal of encumber the area of the plan, but which it an extent corresponding to the outlay of

is desirable should be seen in connexion with capital should be awarded. After much

it. * * * The first sheet contains equivalent careful deliberation, and having a due regard

scales of chains and yards, and on every to the numerous, important, and complicated sheet a scale of chains (22 yards) is engraved interests involved, the Mining Commissioners on the intersecting lines which divide it into completed this service, and set forth the four parts (square miles). By this means Award of Coal and Iron Mines as contained any contraction or shrinking of the paper is in the following pages.”

attended with a like reduction of the scale

engraved thereon, which therefore always The grand and happy result is that retains its relative proportion to the object

“ The privileges of the free miners, which represented by the plan.”—pp. 34–36. for a long period were subject to great un

Any of the 16 sheets here alluded to, certainty, are now established on a firm may be bought separately (of Mr. Weale) basis, and instead of the vague and indefinite at the very moderate price of 2s. per custom of galing as practised for some cen sheet.


(Victoria Gallery, Manchester.) At the conversazione on the 8th instant, ing, this collection of 40 or 50 plans, is the subject was a communication by Mr. C. which they find it impossible to separate the W. Williams, on the Smoke Nuisance and wheat from the chaff; but to have had the the erroneous mode of testing the several aid of a judicious and competent committee Smoke-preventive Plans. After some gene to assist them in making a selection. ral observations, Mr. Williams proceeded as “I here propose alluding to some of those follows:

points to which the attention of a committee “ The Leeds meeting, in which I, in com inay be safely directed ; and thus, while they mon with so many others, took no small in. advance the general object, avoid a bootless terest, and from which I had entertained search after what they cannot discover. The high expectations, has unquestionably failed danger is, that by taking a wrong course at in effecting that result which its promoters the beginning, they may not only lose sight anticipated. One important result has cer of what is practicable and useful, but get tainly emanated from that meeting, namely, entangled in what may neutralize their well. the producing a more lively attention to the meant efforts, and thus damage the cause we subject, and a stronger feeling in favour of are all so anxious to promote. The objæts its ultimate success. To Mr. Eddison, who to which the attention of the committee may originated and carried out the measure, and safely be directed are—The ascertaining to Mr. West, who with no small labour com what extent the prevention of the nuisance piled his pamphlet, the thanks of the com of smoke may be practicable-to what class munity are unquestionably due. The pre of fires and furnaces improved principles of vailing feeling, however, on the part of the combustion may be applied—what would be public, appears to be disappointment. It the safest course of proceeding towards comwas expected, that some tangible and effective pelling parties to mitigate, if not wbolly measure would have emanated from so in prevent such nuisance — to what extent a fluential a body; that something of a posi compulsory jurisdiction may be applied, and tive character would have been undertaken what available statutory regulations it would towards working out the object for which be advisable to adopt ; and how far it would the meeting was held; and that an associa be just to compel the adoption of remedial tion would have been established, or a com measures, until such were specifically determittee of scientific and practical men ap mined and pointed out. pointed, for the purpose of devising such “But perhaps the most valuable fruit of measures as would have assisted the willing, such a committee would be its relieving men aroused the languid, and coerced the reluct of business, who have not leisure for deli. ant into adopting some practical remedy in berate experiment and inquiry, or who are abatement of the nuisance so universally ad. incompetent to decide on the claims of rival mitted and deplored. Such measures would inventors; and thus aiding them in tbeir at least have afforded some clue to guide the search after what is best. To relieve this unscientific, and enable the great mass of valuable class of the community, such an sinners and sufferers to see their way out of association might undertake to hear the the labyrinth of expedients by which they several inventors describe their respective have been so long bewildered.

inventions, and form an opinion as to their “ The Leeds meeting began, in my opinion, merits : much useful information would thus at the wrong end. They began by drawing be obtained and recorded. A tribunal would together the numerous claimants for public be formed to which the great body of manufavour; calling on them to submit their in. facturers would look with confidence, and to ventions to a manifestly incompetent tribu. which patentees would refer their claims and nal, and almost inviting each to panegyrize alleged proofs of success. Should any dehimself and his plans. In my opinion, that cline such an ordeal, and refuse to submit meeting should have gone further, by the their plans to a body of scientific and practi. appointment of a small working committee, cal men, they could not afterwards claim the who would to a certain extent have relieved attention of the unscientific and uninformed. the subject from its present state of obscu. Such an association would be worthy this rity and complication. So far, however, great manufacturing metropolis. from narrowing the field of uncertainty, ma. “I will now allude to some of those sonrees nufacturers now find the difficulties of their of error into which we are most apt to fall position increased by having placed before in pursuing our inquiries into the mode of them indiscriminately such a host of inven effecting combustion so as to prevent smoke. tions, What the public required was, not The common feeling unfortunately is, not so to have, on the authority of the Leeds meet. much a philanthropic desire to abate the

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nuisance of a smoky factory, but a money consideration of the advantages to be obtained by such abatement; and it will not be denied, that economy may induce many to undertake what philanthropy would in vain have urged them to attempt. Falling in with this weakness, inventors find the readi. est road to the ear of manufacturers to be the promise of economy in the measures they propose. Many indeed broadly say,** What do I care for the smoke my factory chimney makes? I do no more than my neighbours; but, if I allow you to try your plan, what saving will it produce, how much less fuel shall I consume, or how much more steam will my boiler produce?” Thus the individual whose nuisance is to be abated requires to know, not how much he is to pay for abating it, but how much he is to gain if he undertakes it.

" We are not, however, to treat the nuisance-makers as we would a set of truant children, and promise them the sugar plums of economy and savings if they will but ab. stain from doing mischief, and infecting the atmosphere of our towns. This would be unworthy of both. It is the business of a comınittee to say, that a public nuisance exists—that it may be abated—and that the public good demands that it should. There can be no objection to add, as a justification for recommending coercive ineasures, that, having investigated the several proposed methods, it appears that more or less of economy will certainly attend the adoption of remedial measures. The relative degrees of economy, however, or its direct causes, it is not for them to determine, inasmuch as they depend on a variety of circumstances wholly foreign to their object. This is an important point, and I will illustrate it by some examples.

“ Improved combustion and improved eraporation are as essentially different, as the action of the copper of a still differs from that of its condensing worm. rative effect of the former may far exceed the condensing power of the latter. So the improved state of a furnace may find no corresponding improvement in the boiler. The error of estimating the value of any proposed system of combustion by the quantity of steam generated, is dangerous and de. fective, and should be carefully avoided. Something of the kind appeared at the late meeting in this theatre, though not in the same degree as at the Leeds meeting, where a distinct series of qnestions were put to each patentee. These were — " How long has your plan been tried ? What effect had it on the boilers? What had been the saving of fuel ?" Now the mere enunciation of such a course of inquiry offers the most convincing proof of the existence of an erro

neous view of the subject on the part of the public.

“ Were I to suggest queries, such as would elicit useful or necessary information, they should be in this train:-To what extent was visible smoke reduced ? Did the interior of the furnace and flues exhibit more or less flame and heat ? What means have you of ascertaining whether more or less heat was generated? What was the temp

ature of the escaping products by the chimney? Was it increased or diminished ? Was the draught increased by your system? Was there a greater or lesser concentration of heat in the furnace, or was it more uniformly distributed along the flues ? What means have you of ascertaining these several facts, beyond the mere appearance at the chimney tops? Does your plan require any and what adjustment in the admission of air, by valve or otherwise ? Does the fire require any particular mode of management?

A series of such like questions could readily be framed, which would at once test the merits of the several plans. Such a list of questions from the committee would soon be adopted by the public, and to these questions written replies would soon be required. Instead of a series of such questions, the cry is, “What saving will be effected ?" Yet the amount of saving to be realized by any plan for effecting a more perfect combustion, depends on many different considerations, and opens a wide and difficult subject. I call on any practical man to show the extent to which an improved system of combustion in the furnace refers to an improved system of generating steam in the boiler; for in this lies the main question, and our main source of error. I will here illustrate it by a practical reference.

The experimental furnace and boiler now in Fennel-street, when first erected in Liver. pool on the old plan, produced much smoke, and had a bad draught from a narrow, low chimney. The interior of the flues was filled with a dense black cloud of smoke and soot; their temperature was very low, and the evaporative power of the boiler at a correspond. ing low point. On admitting air to the gases behind the bridge, the whole was changed; the gases which before had been converted into smoke, were now converted into flame, and gave much heat. This was attended with a greatly increased temperature in the flues, and a greater amount of evaporation in the boiler; still the evaporation was low, and apparently disproportioned to the increased quantity of heat generated and filling the flues; yet the combustion was as perfect as possible, and equal to what is seen in the most improved lamp. From an inspection of the interior, by means of sight holes, and from the high temperature and

The evapo.

functions of the boiler and those of the fa. nace ? Let improved plans of furnaces be tested by the increased quantity of heat they produce, and the boiler by the quantity of this heat which it can apply in the generation of steam; but let these two essentially different results be not confounded."

[To be concluded in our next.1

increased draught apparent in the flues, it was manifest that much of the heat generated by the improved combustion was escaping by the chimney. It was equally manifest, that the boiler was unable to take up the heat generated in the furnace and flues, and thus was the low amount of eva. poration accounted for. The mystery was thus at once solved; the fault was proved to lie with the boiler, and its limited heatabsorbing faculty, and not in the heat-generative faculty of the furnace, which appeared almost perfection.

“ Having discovered the disease, I set about devising the remedy. In this case, the evaporation being low, engineers, under the old system, would have recommended enlarging the fire-grate. This was the usual and infallible remedy, as we find it laid down in so many treatises, under the old smokemaking system, with imperfect combustion, where the flues did little in producing evaporation, and the heat from the furnace itself, and a few feet beyond it, had to do the greater part of the work. To enlarge the furnace, while set on the old plan, as it would enlarge the radiating surface, would certainly have produced a greater measure of evaporation. In the boiler in question, however, as set on the new plan, it only increased the consumption of fuel, without materially increasing the evaporation, seeing that the flues were already filled with a current of heat beyond what the boiler could absorb. The remedy, manifestly, would have been a new and enlarged boiler, with enlarged absorbing surfaces, thus to take up that redundant heat which was then lost by the chimney. As this was impracticable, the only alternative lay in increasing the absorb. ing power of the flue surface. This was accomplished by the introduction of a series of conduction pins, as already described ; and the evaporative effect was at once so considerably raised, that the same quantity of water was evaporated in 21 minutes, which before had required 28 minutes, and from the same weight of fuel. This increased heat-absorbing faculty was also satisfactorily confirmed by the important fact, that the temperature of the escaping heat was proportionably diminished.

“ Now, had I been asked, as Mr. Houldsworth was, at the late meeting, as to the result of the new plan, in the first instance I should have said, that, as far as was evidenced by the generation of steam, the saving was 5 or 10 per cent. ; but subsequently, and without any increased consumption of fuel, I must have said 20 or 30 per cent. more. Do we not thus see the danger of considering the question of economy, as indicated by the amount of evaporation, and not sufficiently distinguishing between the

Court of Common Pleas.

June 13.
Crane v. Price and others.

The Judgment. [For a full report of the argument in this ease, see Mechanics' Magazine, Feb. 5, 1842. No, 965.)

The Court now gave judgment in this important case, which was fully argued two terms ago, w

,when various objections were raised to the patent, the principal one being that the combination of hot blast with anthracite in the manufacture of iron, was not a new mangfacture within the statute of James, hot blast having before been used with bituminoas coal, and anthracite having been used before with cold blast.

The Lord Chief Justice Tindal, in delivering the judgment of the Court said“We are of opinion that if the result produced by such a combination is either a new article, or a better article, or a cheaper arti. cle, to the public, than that produced before by the old method, that such a combination is an invention or manufacture intended by the statute, and may well become the subject of a patent. There are numerous instances of patents which have been granted where the invention consisted in no more than in the use of things already known, and acting with them in a manner already known, and producing effects already known, but producing those effects so as to be more economically or beneficially enjoyed by the public; as Hall's, " for applying the flame of gas to singe off the superfluous fibres of lace and Derosne's," in which the invention consisted in filtering the syrup of sugar through churcoal, which had been used before in filtering almost everything except the syrup of sugar; and Hill's patent for the use of slags or cinders, previously considered useless in the manufacture of iron. The only question, therefore, to be considered on the evidence is, was the iron produced a better or cheaper article than was produced before ? Upon these points, on looking at the evidence, it appears that the yield of the furnace was more, the nature, properties, and quality of the iron better, and the expense of making the iron less. It was objected that the quality or degree of invention was so small that it could not become the subject of a patent; and that any one, with a licence from

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