tion be deemed a sale under the usual powers. Next, it is contended, that the nature of the property in this patent was such that it did not pass under the assignment; and several cases were cited in support of this proposition. It is said, that although by the assignment every right and interest, and every right of action, as well as right of possession and possibility of interest, is taken out of the bankrupt, and vested in the assignees, yet that the fruits of a man's own invention do not pass. It is true that the schemes which a man may have in his own head before he obtains his certificate, or the fruits which he may make of such schemes, do not pass, nor could the assignees require him to assign them over, provided he does not carry them into effect until after he has obtained his certificate. But if he avail himself of his knowledge. and skill, and thereby acquire a beneficial interest, which may be the subject of assignment, I cannot frame to myself an argument why that interest should not pass in the same manner as any other property acquired by his personal industry. Can there be any doubt, that if a bankrupt acquire a large sum of money, and lay it out in land, that the assignees may claim it? They cannot, indeed, take the profits of his daily labour. He must live. But if he accumulate any large sum, it cannot be denied that the assignees are at liberty to demand it; though, until they do so, it does not lie in the mouth of strangers to defeat an action at his suit in respect of such property by setting up his bankruptcy. We are, therefore, clearly of opinion, that the interest in the letters patent was an interest of such a nature as to be the subject of assignment by the commissioners. Lastly, it is contended, that the Act of Parliament stated in the case vested a legal interest in Koops, for that he must be taken against all the world to have that interest which the Act of Parliament recites to be vested in him, that Act being a public Act. But though the Act be public, it is of a private nature the only object of the proviso for making it a public Act is, that it may be judicially taken notice of, instead of being specially pleaded, and to save the expense of proving an attested copy. But it never has been held, that an Act of a private nature derives any additional weight or authority from such a proviso; it only affects Koops, and those claiming under him, and authorizes him to do certain acts which by the letters patent he

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could not have done. It recites the letters patent, containing a clause which prevents him from assigning to more than five persons, and then enables him to assign to any number of persons not exceeding sixty. It is not possible, then, to consider this Act as giving any title to Koops, which he had not at the time when it passed. Such has been the construction which has always been put upon Acts of Parliament of this nature. We are, therefore, of opinion, that no aid is to be derived to the defendant from that Act of Parliament.

Judgment for the plaintiff.

HUDDART v. GRIMSHAW.

In the Court of King's Bench, December 23, 1803.

THIS was an action brought by Captain Huddart against the defendant, to recover damages for the violation of a patent, dated 25th April, 1793, for a new mode or art of making great cables, and other cordage, so as to attain a greater degree of strength therein, by a more equal distribution of the strain upon the yarns.

The specification was in the following words :

"To all to whom these presents shall come, &c., &c.-I, Joseph Huddart, of Islington, in the county of Middlesex, Esquire, send greeting. Whereas I, the said Joseph Huddart, did by my petition humbly represent unto his present Most Excellent Majesty King George the Third, that I had by great study and application found out and invented a new manufacture (to wit), 'A new mode or art of making great cables and other cordage, so as to attain a greater degree of strength therein by a more equal distribution of the strain upon the yarns.' That I was the first and true inventor thereof, and that the same had not theretofore been used or put in practice, and that the said invention will be of great public utility. I therefore most humbly prayed that his said Majesty would be graciously pleased to grant unto me, my executors, administrators, and assigns, His Royal letters patent, for the sole use and benefit of my said discovery and invention, within that part of his said Majesty's kingdom of Great Britain called England, his dominion of Wales, town of Berwick-upon-Tweed, and in his colonies and plantations abroad, for the term of fourteen years, pursuant to the statute in that case made and provided; and his said Majesty being willing to give encouragement to all arts and inventions which might be for the public good, was graciously pleased to condescend to my request, and, therefore, by his Royal letters patent, bearing date at Westminster, the 25th day of April, in the year of our Lord 1793, of his especial grace, certain knowledge, and mere motion, did for himself and his successors, give and

Mr. Erskine, for the plaintiff, after stating to the jury that this cause would require a great deal of their attention, it being important as it relates to the public, and

grant unto me, the said Joseph Huddart, my executors, administrators, and assigns, his especial license, full power, sole privilege, and authority, that I, the said Joseph Huddart, my executors, administrators, and assigns, and every of us, by myself and themselves, or by my and their deputy or deputies, servants, or agents, or such others, as I, the said Joseph Huddart, my executors, administrators, or assigns, should at any time agree with, and no others, from time to time, and at all times thereafter, during the term of years therein expressed, should and lawfully might use, exercise, and vend, my said invention, within that part of his Majesty's said kingdom of Great Britain called England, his dominion of Wales, and town of Berwick-upon-Tweed, and also, in all his colonies and plantations abroad, in such manner as to me, the said Joseph Huddart, my executors, administrators, and assigns, or any of us, should in my or their discretion seem meet; and that I, the said Joseph Huddart, my executors, administrators, and assigns, should and lawfully might have and enjoy the whole profit, benefit, commodity, and advantage, from time to time coming, growing, accruing, and arising, by reason of the said invention, for and during the terms of years therein mentioned, to have, hold, exercise, and enjoy, the said license, powers, privileges, and advantages, thereintofore granted, or mentioned to be granted, unto me, the said Joseph Huddart, my executors, administrators, and assigns, for and during and unto the full end and term of fourteen years, from the date of the said letters patent, next and immediately ensuing, and fully to be complete and ended, according to the statute in such case made and provided; in which said letters patent is contained a proviso, that if I, the said Joseph Huddart, should not particularly describe and ascertain the nature of my said invention, and in what manner the same is to be performed, by an instrument in writing, under my hand and seal, and cause the same to be enrolled in his said Majesty's High Court of Chancery, within one calendar month next, and immediately after the date of the said letters patent, that then the said letters patent, and all liberties and advantages whatsoever, thereby granted, should utterly cease, determine, and become void, anything herein-before contained to the contrary thereof, in any wise notwithstanding, as in and by the said letters patent, relation being thereunto had, may more fully and at large appear.-Now know ye that I, the said Joseph Huddart, in compliance with the said proviso, do hereby describe and ascertain the nature of my said invention, and declare that the plan thereof hereto annexed, is composed of the following particulars (that is to say) :-

"No. I. a spindle and bobbin, on which A, B, represents the spindle; C, D, the bobbin (with the yarns upon it, from c, to D); E, F, the axis which carries the spindle, a; G, H, an arm of wood fixed upon the square part of the spindle, and which goes round with it, part of which, G, H, may be of wire, with a hole at H, or a friction-wheel or pulley to receive the rope-yarn, which from thence is to be led through a hole in the end of the spindle at в. At к, a spring is fixed to the wooden arm by means of a screw and nails, or otherwise the screw works in the square part of the spindle, by means of which the spring may be made

most important indeed as it respects the ingenious individual who is the plaintiff in the cause, said,-This is not the discovery of a mechanic art; it is the method of

stronger or weaker, as requisite, the other end of which resting upon the globular part of the head of the bobbin, formed for that purpose, to regulate the tension of the yarn in drawing it from the bobbin whilst the spindle is turning in registering the strand. This spindle and bobbin is carried by the axis, E, F; the smaller end of the spindle, A, is square or triangular, and fits into the end of the axis at E, which axis is carried by a band going round the pulley (or pinion, if carried by a wheel with teeth, at e, f. The spindle and bobbin is easily shifted by lifting the end at B, out of the notch which it runs in, and drawing it out of the axis at E).

"No. II. another spindle and bobbin, in which I, L, M, N, O, K, represent a spindle continued into a square frame of iron, to revolve upon the pivots, 1, K. The pivot at 1, is perforated, in order to receive the rope-yarn from the bobbin which runs at a right angle to 1, K, upon the spindle or axis, P, Q; this bobbin is adjusted by a screw in the same manner as the first mentioned, or by two springs and screws, x, and y, one at the head, r, and the other at Q, having two globular or nearly parallel parts at each end of the bobbin, for that purpose. The bobbin is soon shifted, by taking out the spindle, P, Q, which is done by shoving it towards P, against the spring, p, r, till the end at a, in the square frame, is relieved; the spring, p, r, is to keep the spindle in its place; while the whole is carried round upon the pivots, 1, K, by tooth and pinion or band, round the pulley, R, S, and at the same time supplying the yarn as before-mentioned, whilst the strand is registering.

"No. III. the machine which carries the spindle in horizontal ranges, and ought to be constructed according to the size of the largest ropes the manufacturer has occasion to make. Fig. 1, represents an elevation or section, whose plane is perpendicular to the axis and spindles, and the circles projected there on the large end of the bobbins, which are placed in horizontal ranges, each range supported upon the horizontal railing, and rise higher front towards the back part of the machine.

"No. III., Fig. 2, represents a profile, or a section, parallel to the axis of the spindles, and perpendicular to the horizon. No. III., fig. 3, the horizontal plane, which is also parallel to the axis of the spindles. In these three figures the same letters are used in each to denote the same part of the machinery; the number of spindles to be employed in this machine may be increased or diminished as occasion may require. The base of this machine consists of three pieces of timber, to lay upon the ground or near it, marked A, in fig. 1, and A, a, in figures 2 and 3; and at right angles to these are bolted two pieces, в, b, over the ends of the former; and a third may be added midway between, if necessary, to secure the whole, and must extend over the piece, a, a, on one side a convenient length to receive the pillars which support the long axis, fig. 3; which long axis, when turned by the handle, o, gives motion to all the spindles by the communication of a band to every range of spindles. In this machine there is allowed one foot of room for the diameter of the bobbin, and eighteen inches for the length of the spindle marked y; the spindles are carried by an axis marked a (as represented in spindle and bobbin, No. I.), and will, therefore, require three rails or

doing a thing which is to be carried into effect by machinery. And I cannot help bringing to his Lordship's recollection a very celebrated cause, which has

ranges of boards for each range of spindles, two of which support the pivots of the axis, x, and are marked D, d, No. III., fig. 1, and the third the front end of the spindle, in which there is a notch to drop the spindle into when the bobbin is shifted. Those are supported by the pillars, E, e, No. III., fig. 2; each range is fixed higher than the one before it; and it is also necessary to have a rail, F, for each range to lead the yarns clear of the foremost bobbins, which rail has a notch cut in it for each yarn to lead through upon the long axes, which is carried by the handle; G, are as many pulleys as there are ranges of spindles. In this drawing they are seven in number, and are marked k; the band going round these pulleys passes over the friction wheel, H, and thence round every pulley in that particular range, and over the friction wheel, h, and returns again into itself at the pulley, K, which, with the pulleys upon that range, must be equal in diameter, in order that one turn of the handle may give one turn to each spindle, and the same must be attended to in every range. The machinery for the spindle and bobbin, No. II., differs from that of No. I. in this respect only, that it is necessary to allow more room in the breadth for each bobbin, and consequently there will be fewer bobbins in each range when the breadth of the machine is the same. The machine will require but two rails to support the spindles, as they require no separate axis to carry them, the pulley being fast to the spindles, and always remaining in the machine, for the small iron rod only, which the bobbin runs upon, is taken out to shift the bobbin. In these machines there is a space left between the first and second, the third and fifth, and the sixth and seventh ranges of spindles, as marked м, in No. III., figures 2 and 3; and to allow a person to pass between, and shift or replace any particular bobbin that may have the yarn expended. And it is also to be observed, that these machines may have the spindles carried by wheels and pinions, instead of bands and pulleys, if required. I have represented, in No. III., fig. 2, the yarn from each of the seven ranges of spindles, passing over the rail, F, and from thence to the posts marked L, in which there are as many rails as ranges of spindles. There are cleats upon each post to support the rails, and each rail has as many notches in the upper side as there are spindles in a range. I have represented one of those rails, No. III., fig. 3, and the yarns leading from the front range of spindles. This railing may be either in the middle of the ground, or carried along one side, as in No. III., fig. 3, the distance between them such as may be thought necessary for supporting the yarns and keeping them separate the whole length of the strand, and may be made of various constructions. No. — (a), rails, will be intelligible, upon inspection of the drawing, where в, b, represent the rails. The register is calculated to form the strand into shells of yarns, and, therefore, they must be made of different sizes, and with more or fewer holes according to the intended size of the cable or rope. In the drawing, No. IV., marked register, the front, A, a, в, b, made of wood, is perforated with circular ranges of holes, which may be about two inches asunder, through which all the yarns in the strand are to pass, and this brings them into a proper form to go through a smaller and similar plate, D, D, having in it as many holes, a, λ, a, в, b. This