spectability, having in their employment between three and four hundred workmen, and have been in the habit of making paddle-wheels for a great number of years, to a great extent. Mr. Seaward happened to be making a tour in France in the year 1833, and in passing in the steamboat from Havre-de-Grace to Rouen, he was much struck with the paddle-wheel used in the boat; and, upon making inquiry, he found it had been in use in France ever since the year 1827, the invention, if it can be called an invention, having been made by a Monsieur Cavé; that was a wheel so far upon the principle of the plaintiffs', that it had the eccentric axis, which obtains the motion by means of stems fixed upon pivots, communicating a double motion to the paddle-floats. This wheel differed from Morgan's, in having none of the weakness arising from the cutting of the axis, the axis going entirely through from one side to the other: it more resembled Morgan's present wheel than that for which he obtained his patent. The eccentric motion was on the side of the outer centre, but the disc was on the outside, the same as Buchanan's. The elongation of the radii was exactly the same. You may vary the number and the proportion between the radii, but the principle must be exactly the same. This wheel had great simplicity and great strength the principle of it was the same in substance as Buchanan's. If Cavé's wheel had been made in England immediately after the granting of Buchanan's patent, it might have been considered an infringement of that patent-the only difference between the two being that the centre of motion is much less eccentric than that of Buchanan's. Mr. Seaward considered this wheel an ingenious adaptation of the well known principle, and he determined when he came back to try and make one: the only improvement that occurred to him, was, that it would be better to have all the stems or rods connected with the disc by pins, and to make the affixed connexion with rods to the wheel, which makes that a different thing altogether; the fixed rod has nothing to do with the paddles. Accordingly the defendants set about making wheels upon this principle, and at the end of last year entered into a contract to supply a ship, that was to trade in the Mediterranean, called the Levant, with paddle-wheels made upon this principle. These wheels were made in a shop where there were about 350 people constantly at

work, without the slightest attempt at concealment, nobody dreaming there was any impropriety in their so doing, because if they were a copy of anything heretofore in use, they were a copy of Cave's (and he, of course, had no claim in this country); although Cave's was not what may be called an invention, but merely a better adaptation of the mode of applying the eccentric motion. The defendants, however, received a letter from the plaintiff, William Morgan, stating they had heard they were making wheels upon their principle, and threatening them, unless they desisted, with legal proceedings. An arrangement was made between the plaintiffs and the defendants, that a scientific gentleman (Mr. Carpmael, of Lincoln's-inn) should inspect the model of the wheels defendants were making, and give his opinion whether or not they were an infringement of the plaintiffs' patent. In pursuance of which arrangement, Mr. Carpmael did attend at the defendants' manufactory at Limehouse, and, after inspecting the model, gave it as his opinion that it was an infringement of the plaintiffs' patent. Mr. Seaward laid the case before four engineers of eminence, and they gave an opinion contrary to that of Mr. Carpmael; and, acting upon their judgment, Messrs. Seaward proceeded to complete the contract they had entered into with the Levant Company, and they proceeded openly and notoriously up to the time the plaintiffs obtained the injunction. The manner in which that injunction was obtained was one of the most flagrant impositions ever practised upon a Court. Without the slightest communication with the defendants, they apply to the Court, on the 27th of May, stating that they had only shortly before, on the 10th of April, come to the knowledge that we were proceeding to manufacture these wheels. Independently of all other objections, even if this was the most flagrant violation of a patent right that could be conceived, the plaintiffs have put themselves out of Court; because if there is one principle more settled than another in a Court of Justice, it is this, that a party coming not merely for a festinum remedium, but that sort of remedy which comes under the definition of a word and a blow, are bound beyond all other persons to state the question fairly.

Mr. Knight. The whole correspondence, and every scrap of paper, was before Mr. Richards when he prepared the bill and affidavits.

The Solicitor-General.-They came at the last moment, when they might have come in the month of December. These, then, are the general grounds upon which this injunction is sought to be dissolved. In the first place, the plaintiffs' patent right is perfectly worthless, it being a patent for a thing which was not only not new, but had been notoriously practised for years. The principle of the plaintiffs' invention is to have a cranked axis to obtain the false centre of motion, and certain connecting rods, one of which is fixed to the disc, revolving on that centre of motion, which are fastened to certain bent arms, which bent arms are fastened to the float-boards. Now what is understood by a new invention? A patent must be either for some entirely new machinery, or for the application of known machinery in some manner: but in the plaintiffs' patent there is no new principle, or any new application of a known principle; the only novelty in the patent being in the bent centre, and the placing the eccentric movement in the hollow between the two sides of the wheel; all the rest was, not only well known, but patented in the year 1813. Buchanan's is exactly the same thing: there is the eccentric movement applied to elongate and contract the radii of the wheel, those radii being connected with the paddles. The

new

The patent was granted to Robertson Buchanan, on the 18th day of October, 1813. The specification was as follows:

To all to whom these presents shall come, &c. Now know ye, that in compliance with the said proviso, I the said Robertson Buchanan do hereby declare that the nature of my said invention, and manner of performing the same, are particularly described and ascertained as follows; that is to say: In the first place my said invention is established upon a mathematical theorem, which may be enumerated in the words here underlined, namely: If two equal rings or circular lines in the same plane, or in planes parallel to each other, be conceived to revolve each upon its respective centre in its own plane, with one and the same uniform velocity, and in the same direction with regard to parts of the rings of lines alike situated, and any point be taken in one of the rings or lines, and a right line be drawn from that point parallel to a line supposed to join the centres, until it meets the other ring or circle, then I say the right line so drawn will be equal to the line of distance between the centres, and will continue equal and parallel to that line of distance during the whole of every revolution so made. And the demonstrative proof of the said theorem being very easily deducible by any person acquainted with the elementary principles of geometry, and not being needful to enable a workman to perform my said invention, I have not for those reasons considered it to be requisite that I should enlarge upon the same in this place.

wheel of the defendants have nothing in common with the plaintiffs' but the principle of the eccentric moving

Secondly, the circle, a, c, e, g, and the circle, 1, 2, 3, 4, in Fig. 1, denote the rings or circular lines before-mentioned, and Y, and X, denote the centres thereof; and the line 1 a parallel, and equal to X, Y, the line of distance of the centres will continue equal and parallel to that line of distance in the positions, 2 c, and 3 e, and 4 g, and in all other positions into which the point, 1, can be brought during the uniform, equal, and similarly-directed revolutions of the two circles.

Thirdly, if a wheel, which I shall here call the pitch wheel, be constructed, and here denoted by the circle, 1, 2, 3, 4, Fig. 1, having four or any other number of paddles, ab, a c, fe, h g, capable of being moved or shifted in position upon the respective axes or centres thereof, 1, 2, 3, 4, and the extremities of the said paddles, a, c, e, g, or any arms or connecting pieces equal in length to X, Y, be attached (under the conditions before set forth) to another wheel or revolving piece, which I shall here call the connexion wheel or piece, it will be a necessary consequence that if one of the said wheels be made to revolve, the other wheel will also revolve in the same direction and with the same velocity, and the paddles will continue parallel to X, Y, and to each other (excepting only in the case wherein the said cases or centres may be governed by arms or connecting pieces, and the paddles themselves be also capable of having their positions on the said axis or centres varied, and then each paddle will continue parallel to itself as it may have been so first posited); and fourthly, Fig. 2, numbers 1, 2, and 3, denote by views of the nature of two vertical sections, and one ground plan or section, the said pitch wheel and connexion wheel or piece fitted up and connected with the paddles; and in all the drawings, the same letters and figures indicate the same parts or things. B, denotes the axis or arbor of the pitch wheel, which wheel is or may be made double in order to support the axles of the paddles; and C, denotes a circular fixed piece which serves as an arbor for the connecting wheel or piece to revolve upon by its smooth and fitted socket; and the said circular piece is by the construction eccentric with regard to the pitch wheel, and sufficiently large to allow the arbor B, of the pitch wheel to pass through it without interfering with the motion of the connecting wheel or piece. And further, at A 1, A 2, A 3, and A 4, are seen the arms or connecting pieces always parallel to the line between the centres X, Y: but in such constructions of machinery as do not require the arbor B, or any arbor or axis for the pitch wheel to pass through, as here delineated, then instead of the piece C, may be substituted a simple pivot, or any other kind of centre, to govern the circular motion of the connecting circle or piece. And moreover, in such cases as may require that the position of all the paddles should be changed at the same time, with regard to surrounding fixed objects, by a motion equivalent to that of weathering or changing their obliquity, I do produce such and the said change by any wellknown means of construction, by which the centre X, can be made adjustable in position around, and preserving constantly the same distance from the centre Y, and I do accordingly change the position of the said centre X, and thereby also the obliquity of the said paddles, by virtue or reason of the constant condition, that the arms A1, A2, A 3, and A 4, will continue parallel to the line X, Y, joining the centres

without the use of cogs, and that was in use in 1813, in Buchanan's patent; the only difference between that and

of the pitch wheel and connexion wheel, in what manner soever the said line X, Y, may at any time be placed. And I the said Robertson Buchanan do further declare, as to the practice of my said invention in the impelling of vessels, boats, barges, or rafts, I do fit up the same with one or more wheels, having paddles and other apparatus as before described, and do cause the pitch wheels to revolve by the action of steam or any other suitable first mover, and thereby to strike the paddles duly into and against the water, so as by the usual re-action to produce a progressive motion of and in the said vessels, boats, barges, or rafts; and I do fix or adjust the centre, X, in such manner, that the paddles shall have their surfaces of action perpendicular to that of the water, or nearly so; namely, with the upper borders or edges thereof inclined forward more or less by trial and observations, as the velocity through the water is greater or less, in order that the resistances from the immersion and delivery of the paddles may be the least, and the action from the direct impulse of the lower paddles may be the greatest possible. And, moreover, with regard to undershot wheels, I do adjust the paddles in the like manner, so that the loss of force by the first immersion and by the lifting of the tail water may be the least, and the direct impulse the greatest possible. And with regard to breast wheels, the floats must be set at such an obliquity as may best and most effectually subject them to the action of the water. And with regard to overshot or bucket wheels, I do substitute in the place of floats, certain shallow vessels or horizontal floats, with ledges on the upper side. And I do make one of the sides or ledges thereof to turn on pivots or otherwise, in order to discharge and empty the water at the lower situation of the revolving wheel, by means of a tripping piece there placed for that purpose, or by other fit means. And I do fill or charge the said vessels or horizontal floats with water, when at the upper part of the revolution, in the usual manner. And with regard to wind-mills with upright shafts, I do apply and use my said improvements, taking care that the floats or sails shall be opposed at right angles to the direction of the wind, when in that position where the radius of the pitch wheel is also in the place of the float, and also that a fit cover shall be applied to defend the floats or sails from the action of the wind in their returning semi-revolution. And the said last application and use of my said improvements will be equally effectual in mills, of which the principal shaft shall be horizontal or oblique instead of being vertical, provided that in all such cases the said shaft shall be itself at right angles to the direction of the wind. And farther, whensoever the strength of the wind or nature of the work, shall or may render it expedient to alter the obliquity or weathering of the floats or sails, the same may be done by altering the situation of the centre X; and if required, such alteration may be made during the actual work by means of the centrifugal apparatus, called the governor, or by any other well known and appropriate apparatus, operating by means of the velocity of the mill itself. And I do further declare, that the vessels or horizontal floats herein before described as applicable to overshot mills, may also be applied to raise water by my said improvements, and in this case the pitch wheel must be moved by any fit first mover, and the buckets filled below and