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Amendment of the Law of Patents.

teen years; at the expiration of which period, his walls shall be demolished, his hedges torn up, and his ground converted into common land"-If (I say) such a clause had been enacted, would not universal mankind—or, at least, the honest portion of themhave raised their hands and eyes in astonishment and indignation, and exclaimed, "Iniquity!" Yet, how nearly similar is the treatment inflicted on the Inventors of new and useful arts!

But-not to dwell on "odious comparisons" However just and humane the practice of granting exclusive patents to the Authors of useful inventions-however powerfully that practice may have contributed to the improvement of arts and manufactures in England-it can hardly be doubted that the system of patent-rights is much less favourable to inventive Genius-less productive even to the Treasury-than it might perhaps easily be rendered by the adoption of a different plan.

By the financial regulations which have so greatly enhanced the price of patents, the benefit is almost exclusively confined to opulent persons; an effect, which would excite the less regret, if the inventive faculty, likewise, could, by legislative enactment, be exclusively confined to the more wealthy class. But, since experience confirms the truth of the old adage, that "Necesssity is the mother of Invention," and clearly evinces, that the frugal meals of laborious Poverty are not less friendly to clearness of conception and acuteness of discovery, than the more sumptuous banquets, whose fumes too often cloud the intellect of pampered Opulence; it may be proper to consider, whether some provision cannot be made for the indigent Inventor, without loss to the Exchequer-if with an increase of revenue, the more desirable.

At present, the poor man, who has made a useful discovery, has little prospect of ever reaping any advantage from it; and, through that circumstance, the publick must often lose the benefit of a valuable Invention; while the Treasury also may be said to lose those sums which it would otherwise derive from new branches of manufacture and commerce.-Unable to pay the very high price of a patent, the Inventor either suffers his idea to pe

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rish unimproved or, in the hope of assistance, communicates it to some unscrupulous Mammonist, who perhaps robs him of his Invention, and enriches. himself by it, without ever bestowing a single shilling on the original author. In other cases, to avoid the risque of such a disappointment, the discoverer keeps his secret locked up for years in his own bosom, in the fond hope that some lucky chance may, at some future day, enable him to take out a patent: but, that happy day never arriving, the Invention dies with the Inventor, and is, together with him, consigned to eternal oblivion.

Not so in France-not so in America, where the acquisition of a patent is placed within the reach of humble Industry; a wise and humane regulation, so far as the interests of Genius are concerned, and the improvement of arts and manufactures. But the Governments of those countries have either forgotten or foreborne to avail themselves (as they fairly and unobjectionably night) of an additional provision to render even those cheap patent-rights directly and efficiently contributive to the national revenue. The following plan appears (to me, at least) well calculated to accomplish both objects-the benefit of the Inventor, and the benefit of the Treasury-the latter in two distinct ways.

Suppose, that, instead of fourteen years, the duration of the monopoly were, in the first instance, limited to three; and the price of the patent made very moderate-for example, a single guinea. At the expiration of the three years, let the patentee be at liberty to renew his privilege for an equal period, on paying twenty pounds. After the lapse of his second triennial term, let him again have the power of renewal for one hundred pounds: let a third renovation cost one hundred and fifty; and let two hundred be the purchase of a fourth.

If such a plan can with propriety be adopted, a single successful patent will, on the fourth renewal, have yielded to the Treasury a total sum of above three hundred and seventy pounds: poor men will be enabled to bring forward their Inventions, without the risque of being robbed or cheated by the persons to whom they would otherwise be obliged to resort for pecuniary aid: when their projects are really useful, they will reap from

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Amendment of the Law of Patents.

them sufficient profits to pay into the Exchequer those much larger sums, with less danger and inconvenience, than frequently attend the payment of the present rates: and their success will operate as a powerful stimulus, to rouse the exertions of inventive Genius; whence, instead of one patent now enrolled, there will probably then be a dozen.

Should the Legislature think proper to allow an unlimited power of renewing the patent-right during the life of the Inventor, and (in case of his death within a stated period) a limited faculty of renovation to his heirs, they would perhaps do no more than what were strictly just and reasonable: and, at every such renewal, a new payment might be demanded, which would produce a further increase of revenue.

There are, however, some cases, in which the Exchequer would sustain a loss or (more properly speaking) be disappointed of a gain-by the cheapness of the original patent: that is to say, when men come forward with Inventions void of utility-with plans which do not meet the public approbation, and for which, of course, they will not renew their patents. Granted -But it is to be hoped that there exists not a single member in the administrative or legislative body, who could be capable of regretting that a poor infatuated projector has not completed the ruin of himself and his family, for the sake of adding a paltry sum to the national treasure.

At all events, since a project may fail in the hands of the original Inventor, and yet prove successful in those of another person, who enjoys the advantages of better connexions, more extensive knowledge of the world, greater industry and perseverance, more favorable locality, aud superior resources in point of wealth and credit; provision might be made for such cases, by enacting, that, whenever a patentee refuses to renew his patent, any other person shall be authorised to assume his relinquished right, on giving him previous notice of his intention, and paying a sum of money proportioned to the real or estimated value of the Invention: or, the privilege for the remaining term of years may be sold to the highest bidder. Of the sum accruing in either case, one porGENT. MAG. November, 1825.

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tion may go into the Treasury, and the residue be allotted to the disappointed projector. But, to prevent undue advantage being taken of a man who may be very willing to renew his patent, but (through the want of present pecuniary resources) unable to do it in due time, it may be enacted, that, on making representation of his case, and giving bond for the fee (to be paid by instalments), he shall be allowed the privilege of renewal.

Suppose, however, that three of four patents should never be renewed, the successful one, pursued to the fourth renewal, would more than compensate the Exchequer for the unsuccessful three and, as the patents would then be considerably more numerous than at present, the quarter of the aggregate number would probably yield to Government a much greater revenue than it now derives from the whole.

I have more to say on the subject, but shall, for the present, confine myself to the suggestion of a provision, which, if it do not add much to the national finances, will, at least prevent much fraud and extortion.

A great portion of the public entertain an erroneous idea, that no patent is granted, except upon a thorough conviction in His Majesty's bosom, that the proposed invention actually possesses superior and unquestionable merit. But such is not the case; a patent being granted, as a thing of course, to any applicant who chooses to pay for it; unless, indeed, the Invention be in itself objectionable.

Ignorant of this circumstance-and conceiving the word "Patent" to imply and realise the "Acmè" of perfection-the unwary purchaser is induced to pay exorbitant prices for various articles offered to him under that imposing title: and many tradesmen, taking advantage of that disposition, advertise, as Patent, many a contemptible production, for which no patent has ever been obtained.

To prevent such deception-at once cheating the purchaser, and defrauding the Exchequer a clause might be introduced into the law, ordaining, that "whoever shall sell, or advertise or offer for sale, as Patent, any article, for which a patent has not been actually obtained, shall forfeit a sum equal to double the average price of a patent, and be for-ever debarred from the pri

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P. S. Of the refusal of a patent, an The port of Padstow must originally instance has occurred within my own have been one of the finest floating knowledge. While the much-lament- harbours in England, but it was irreed Mr. Perceval was Attorney General, coverably injured by the rapid accuan application was made to him for mulation of sand in the North-west the grant of a patent, by the inventor coast of Cornwall about the year 1520 of some instrument or machine for (11th Henry VIII). In its present shuffling the cards, and preventing state, however, vessels of from 500 to those tricks which are sometimes prac-600 tons burthen can shelter themtised by gentlemen who play the whole game." But the patent was refused, on the ground that it would operate as an encouragement to gambling."

Mr. URBAN,

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Nov. 10.

THE following observations on the

selves in its pier, and with proper caution several sail may be moored in perfect safety within the entrance of the harbour. The sand, which is of a bright yellow colour, is found on examination to be composed of the shelly substances of the ocean reduced to powder by their collision between the waves and rocks; and tradition reports that the driving

THE follow Padstow, in Cornwall, began in a deluge o that the

are communicated with the view of throwing additional light on the early history of that place, which has already appeared in the Gent. Mag. (part í. 320), although the writer cannot but be conscious that a considerable portion of this article does not present that sombre hue of Antiquarian research for which your pages are so deservedly appreciated.

Your Correspondent, "R. G. A." very properly distinguishes between Patrick the Irish saint, and Petrock the son of the Cumbrian prince; yet the want of a proper regard to this circumstance has frequently involved our Historians in error and contradiction: it is doubtful if the former ever visited Padstow, or even Cornwall; but the life and labours of the latter are established on a much firmer basis. A fresh ebullition of British spirit called Athelstan to Cornwall nearly nine years after his victory on the borders; and in 981, only 36 years after his visit to Padstow, the Danish pirates committed their ravages on the then flourishing monastery. The reerection of the Church may be traced to the Fourteenth Century, and some parts even to a much earlier period. We find a memorial in it to Law<rence Merther, vicar, A.D. 1421, in

as in the course of two nights to cover many houses. This is partly confirmed by experience, for the remains of some habitations, with furniture in them, have been discovered. The Cornish Historians thus speak of this calamitous event, and although immediately referring to some neighbouring places, yet their remarks equally apply to the low lands in the parishes of St. Minever and St. Merrin. Leland says in 1540 (Itin. III. 21.): "Most parte of the howses in the peninsula" on which St. Ives stands," be sore oppressid or overcoverid with sandes, that the stormie windes and rages casteth up thar; this calamite hath continuid ther little above 20 yeres." And Carew in 1602 (fo. 144), "the light sand carried up by the wind from the sea-shore daily continueth his covering, and marring the land adjoynant, so as the distresse of this deluge drave the inhabitants to remove their church as well as their houses." Norden also of Lelant in 1584 (p. 42), “that of late the sande hath buried much of the landes and howses, and many devises they use to prevent the obsorpation of their churche;" and of Perran (p. 68), "the parish is almost drowned with the sea sande, in such sorte as the inhabitantes have been once alredy forced

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to remove their churche." On the Padstow side, however, the height of the cliff has hitherto protected the land from that invasion, but the accumulalation in the opposite direction is immense. Some parts of the Welsh coast also suffered by these ravages; for in the reign of Philip and Mary commissioners, appointed by royal authority, attempted without effect to withstand their progress in the county of Glamorgan: the statute generally sets forth that "much good ground lying on the sea coasts in sundry places of this realm is covered with sand rising out of the sea, to the great loss of the queen's highness and her lovingsubjects. The pre-eminent prosperity of Padstow in the Saxon era is undis puted; Harrison tells us "it evidently had in times past sundry charters of privilege from Athelstan." With the appearance of the Norman line, however, it began gradually to decline, and when, in the reign of the third Edward it furnished and manned two ships for the siege of Calais, pursuant to the naval parliament in 1344, it was, although still a place of importance, much diminished in consequence. Even after the appearance of its sandy barrier it carried on a flourishing trade with Ireland, and was said by Leland in 1640 to be engaged in considerable exportations of fish and corn; and by Carew, 60 years after, to have purchased a corporation. Other authorities speak of its being under the controul of a portreeve, assisted by a certain number of the respectable inhabitants; and although no traditional informa

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tion can be found in confirmation of these testimonies, yet they leave fair room for conjecture respecting the government of this ancient town.

The writer would remark in addition to your Correspondent's short notice of the Prideaux family, that although the Prideauxes of Thuborough and Soldon possessed property at Padstow on lease from the Priory of Bodmin, to whom the manor belonged as early as the reign of Henry VIII., it does not appear that they resided there until the erection of Place, about the year 1600 by Nicholas Prideaux, of Soldon, afterwards Sir Nicholas Prideaux, kut. The younger brother of this gentleman was created a Baronet of Netherton, in Devonshire, in 1628. Of Sir Nicholas's descendants in the second degree, the elder branch possessed Soldon, and ended in an heiress who married into the Netherton family: the younger branch was represented by Edmund Prideaux, of Padstow, the father of the Dean, and ancestor in the third degree of Humphrey Prideaux, esq. the father of the present proprietor of the Prideaux estate. Bacon's Liber Regis enumerates the following presentations to the vicarage. Jo. Prideaux, 1685.

Edm. Prideaux, 1720.

Hump. Prideaux, 1771.

To the latter-mentioned gentleman' the celebrated Opie was indebted for early patronage, and the rooms at Place lay claim to an ample share of his youthful productions. After previously exercising his talent in the respective families of Mr. Rawlings ↑

* Lysons erroneously calls the Dean a grandson instead of a great grandson of this gentleman: the same authority also applies the name of Gwarthandrea to Place only, it appears, however, by old title deeds, that the greater part of the land in the immediate vicinity also bears that appellation.

+ Unlike the deceiving glare of public duties, the simplicities of private life present little for the biographer to delineate; yet the influence of the country gentleman may not be less beneficially extended, nor are his exertions for the welfare of his immediate neighbourhood less intrinsically important. Mr. William Rawlings died at Padstow in 1795, at the advanced age of 75 years. He was imbued with a refined taste for the higher branches of literature, and cultivated the intimacy of several gentlemen distinguished for their piety as well as intellectual eminence. His first destination, seconded by early preference, was directed towards holy orders, from which he was deterred by family circumstances. From his youth he accustomed himself to a course of strict mental discipline and self examination: these habits, which so decisively contribute to the formation of the manly character, induced him to adopt as his motto that sententious aphorism of the Athenian philosophers, "Cognosce teipsum, et disce pati." A disinterested friendship with the Earl of Dartmouth led to the constant correspondence which so long subsisted between them, and which exhibits in a peculiar manner the estimable qualities of that amiable peer, who was neither elated by the high trusts which his sovereign reposed in him, nor seduced by the temporizing intrigues of court policy. The influence of royalty tended to cherish those sound views of practical devotion, which were certainly instrumental, under the Divine blessing,

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and the Rev. Mr. Biddulph *, at that time Vicar of Padstow, the aspiring artist was introduced to Mr. Prideaux, and there is an anecdote related in the short memoir prefixed to his Lectures on Painting, which has reference to this excursion.-"One of these expeditions was to Padstow, whither he set forward, dressed as usual in a boy's plain short jacket, and carrying with him all proper apparatus for portrait painting. Here, amongst others, he painted the whole household, even to the dogs and cats, of the ancient and respectable family of Prideaux. He remained so long absent from home, that some uneasiness began to arise on his account; but it was dissipated by his returning dressed in a handsome coat, with very long skirts, laced ruffles, and silk stockings. On seeing his mother, he ran to her, and taking out of his pocket twenty guineas which he had earned by his pencil, he desired her to keep them; adding that in future he should maintain himself."

These paintings have the advantage of his country experience, being executed about the year 1780, a short time previous to his departure for London; and, although perhaps void of

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that grace which can only be acquired by an intimate knowledge of the art, they are remarkable for their boldness of effect, simplicity of composition, and inflexible regard to the truth of Nature; and the writer thinks he may venture to affirm that his Padstow productions would not disgrace the high name which he afterwards attained.

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The town of Padstow is situated in fertile valley, the eminences around which are clothed with flourishing plantations. The harbour is thus noticed by the Rev. Mr. Warner, in his Tour through Cornwall in the autumn of 1808. The beauty of the Harbour, on the western side of which Padstow stands, powerfully arrested our attention. The tide was at flood, and filled the whole of a vast and deep recess, the mouth of which being concealed by the juttings of the land, the expanse assumed the appearance of a noble lake. Had not Nature denied it the general accompaniment of wood, Padstow Harbour would be one of the most majestic objects in Britain. The chief curiosity in the immediate neighbourhood are its rocks, honey-combed into romantic caverns, and resorted to in fine and warm weather for the purposes of pleasure and enjoyment. But

in stimulating the ministers of our national church to the more active performance of their sacred functions. The ardent but rational attachment which Mr. Rawlings ever entertained for that church was made only subservient to his well-tempered zeal in the cause of genuine piety; and his warm-hearted benevolence and judicious advice were unremittingly devoted to the interests of the serious clergy in the West of England. The death of the Rev. Mr. Walker of Truro deprived him of an endeared and highly valued friend, but, though the bond of affection was prematurely severed, it left a permanent impression on his mind, and threw a bright colouring over his future life. It is unnecessary to dwell upon the affectionate constancy which he displayed in the tenderer claims of domestic relationship, or upon the gentle manners and unaffected humility which graced his character. The more public sphere of his usefulness was widely extended by his removal from St. Colomb to Padstow about the middle of the last century, to the prosperity of which latter town he contributed in an eminent degree. By Catherine, the daughter of Mr. Warne of St. CoColumb, he left two sons, Thomas Rawlings, esq. since deceased, and the Rev. William Rawlings the present Vicar of Padstow, to whom his valuable collection of books, selected with great judgment, and enriched with approved editions of the Greek and Latin classics, was bequeathed. Amidst the multiplicity of his engagements, "Vacare literis" was to Mr. Rawlings an unfailing source of delight, and those will not readily forget him who have witnessed his intelligent countenance beaming with all the kindlier feelings of our nature, in the seclusion of his library, and in the enjoyment of his literary avocations. Tully beautifully remarks (De Senectute III. 25.) Aptissima omninò sunt arma senectutis, artes exercitationesque virtutum : quæ in omni ætate culta, cùm multùm diuque vixeris, mirificos efferunt fructus, ne in extremo quidem tempore ætatis deserunt." This sentiment was remarkably exemplified in the closing scene of this excellent man, when the faith of that holy religion which he professed shed its sacred influence over his soul, and amidst extreme bodily infirmity, purified and elevated the soaring spirit to a nearer and more intimate communion with his God. His piety in life had been an active quickening principle of virtue; in death therefore it abounded with consolation; and while friendship and affection mourned their loss, the blessings of the poor and the afflicted followed him to the grave.

The father of the Rev. T. T. Biddulph of Bristol.

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