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9 & 10 W. 3, c. 43.

An act for the better encouragement of the Royal Lustring Act, 1698. Company, &c. (ƒ)

After reciting that the manufacture of black lustrings and alamonds set up by the said Company, had been very advantageous and beneficial to the kingdom by employing great numbers of the poor (g), &c. prohibits the importation of foreign alamonds, except under certain conditions; and gives exclusive privileges for fourteen years, with various other enactments as to the trade.

(f) Letters patent had been granted, 4 Jac. 2, for a new invention of making, dressing, and lustrating, silks, &c.; and a company had been incorporated by letters patent, 4 W. & M., for working the said invention, which was further incorporated by this act.

(g) These recitals are of great importance, as showing the consequences of the importation and introduction of new inventions, and the principles by which the crown and legislature were influenced in granting the privileges in question.

Other Acts.-A variety of patents were granted, and acts passed, conferring exclusive privileges during the time of Charles I., II., and the Commonwealth. Many of these were monopolies, in the most obnoxious sense of the term, but the following appear deserving of notice; they are also important, as showing the progress of invention.

Letters patent were granted, 6 C. 1 (A.D. 1630), for the realm of England and Ireland, to David Ramsaye, and three others, "for an engine, instrument, or device, not heretofore in use, or put in practice by any, within our realms or dominions, by way of a barrel engine, and otherwise, most fit and necessary for the raising of water out of mines, coal pits, or any other place, how deep soever, to any high place, and other uses tending to the public good, ease, and benefit, of our kingdoms, and subjects thereof."

Various other patents, one including nine different projects, and some with extraordinary and illegal powers, were granted by Charles, sec. 19. Rymer's Fadera, 239.

The following acts should be noticed :

15 C. II., c. 12 (Private Acts), A.D. 1663."An act to enable the Marquis of Worcester to receive the benefit and profit of a water-commanding engine, by him invented." This engine has been supposed to be the steam engine; but it was probably a different engine from that described as a fire water work," at No. 68 of his Century of Inventions. Per Mr. Farey, Parl. Rep. on Patents, p. 169.

22 & 23 C. II. (Private Acts), A.D. 1670.An act for granting to Sir Philip Howard and Francis Watson the sole use of a manufacture, art, or invention, for the benefit of the shipping. The subject-matter of the preceding was the sheathing or covering vessels with thin sheets of lead instead of copper. See 8 Phil. Trans., No. 100, p. 61, 92.

10 & 11. W. 3, c. 31 (Private Acts), A. D. 1699. -“An act for the encouragement of a new in

vention by Thomas Savery, for raising water and occasioning motion to all sorts of mill-work, by the impellent force of fire." Letters patent were granted 25th July, 1698, to Thomas Savery, for his invention, "which will be of great use and advantage for draining mines, serving towns with water, and for the working of all sorts of mills where they have not the benefit of water, nor constant winds."

This was an important invention in its time, being the first steam engine which was actually applied to do work; it was soon superseded by Mr. Newcomen's fire engine, invented in 1710. It does not appear that Newcomen obtained any such act, but it has been said that he was obliged to come to an agreement with Savery, and work under his patent and this act.

Newcomen's engine was found of great use, being that commonly known by the term atmospheric engine, and the type of the engine so much improved by Watt.

11 & 12 Anne, s. 2, c. 15.-" An act for providing a public reward for such person or persons as shall discover the longitude at sea." Various large sums of money were paid to inventors under

this act.

12 G. 2, c. 23.-An act for providing a reward to Joanna Stephens, for the discovery of a medicine.

16 G. 2, c. 25 (Private), A.D. 1743.-An act vesting in Elwick the sole property of an engine, for an additional term of a patent.

23 G. 2, c. 53 (Private).-An act for vesting in Pownoll's children an invention which their father did not live to complete, and by which he had impaired their fortunes; and granting additional term.

24 G. 2, c. 28 (Private).-An act vesting in Michael Menzies the sole property in a certain machine for conveying coals, &c.; and granting additional term.

Act

A.D. 1732.

The increase of

trade, and employment of poor.

The introduc

tion of engines

for silk manufacture from abroad.

5 G. 2, c. 8.

LOMBE'S PATENT, 9 Sept. 5 G. 1. A.D. 1719.

An act for providing a recompense to Sir Thomas Lombe, for discovering and introducing the arts of making and working the three capital Italian engines for making Organzine silk, and for preserving the invention for the benefit of this kingdom.

After reciting as follows, "Whereas the riches, strength, and prosperity, of this kingdom depend on the trade thereof: And whereas the introducing and improving such new arts and inventions, as will employ great numbers of our poor, keep our money at home, and increase the profitable trade carried on by the exportation of our own manufactures, tend greatly to the securing and enlarging the general trade and commerce of Great Britain, and ought, by all proper ways and means, to be encouraged: And whereas Thomas Lombe, of, &c. did with the utmost difficulty and hazard, and at a very great expense, discover the arts of making and working the three capital engines made use of by the Italians to make their organzine silk, and did introduce those arts and inventions into this kingdom: And whereas his late Majesty king George was graciously pleased, by his letters patent, bearing date the ninth day of September, in the fifth year of his reign, under the great seal of Great Britain, to give and grant unto the said Thomas Lombe, now Sir Thomas Lombe, his especial license, full power, sole privilege and authority, to exercise, work, use, and enjoy his new invention of three sorts of engines by him the said Thomas Lombe found out, never before made or used in Great Britain, one to wind the finest raw silk, another to spin, and the other to twist the finest Italian raw silk into organzine, within, &c. &c. the whole profit, &c. And whereas the said Sir Thomas Lombe, Great expense since the granting the said letters patent, hath at a further great expense erected large buildings, and therein set up the said engines or machines, and put the said invention in use and practice on the river Derwent, at the town of Derby, for making organzine silk, and applied himself with the utmost care and diligence to improve the same, in order to render it of greater use and benefit to this kingdom: but by reason of the long time required to finish and complete the said buildings and engines, and the great obstruction this undertaking received by the king of Sardinia's prohibiting the exportation of raw silk, which the said engines were made to work; and afterwards by reason of the great difficulty of bringing the manufacture to full perfection, which could not be effected by the most diligent application until about a year ago, the said Sir Thomas Lombe has been de

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prived of the benefit intended by the said letters patent; therefore for providing a proper recompense to the said Sir Thomas Lombe, and preserving the said invention for the benefit of the trade of this nation," it is enacted, that there should be applied and paid to the said Sir Thomas Lombe, his, &c. the sum of 14,000l. as a reward and recompense to him for the eminent service he has done this nation, in discovering, introducing, and bringing to full perfection, at his own great expense as aforesaid, a work so useful and beneficial to this kingdom.

Proviso, that his Majesty, under sign manual, may appoint two Model to be persons to inspect said three engines, and to take a perfect and preserved. exact model thereof, and to deposit the same in such place as shall be appointed, to secure and perpetuate the art of making the like engines for the advantage of the kingdom. Sir Thomas Lombe on refusal to permit such model to be taken to refund the reward(d).

15 G. 3, c. 52.

An act for enlarging the term of Letters Patent (17 March, Act A. D. 1775. 8 G. 3) to William Cookworthy, of Plymouth, chymist, for the sole use and exercise of a discovery of certain materials for making Porcelain, in order to enable Richard Champion, of Bristol, merchant (to whom the said Letters Patent have been assigned), to carry the said discovery into effectual execution for the benefit of the public.

a manufacture

After reciting the grant of the letters patent (a), and further Recitals, &c. reciting, "whereas the said Richard Champion hath been at a very considerable expense, and at great pains and labour, in prosecuting the said invention, and by reason of the great difficulty The great attending a manufacture upon a new principle, hath not been difficulty of able to bring the same to perfection until within this last year; on a new and it will require further pains, labour, and expense, to render principle. the said invention of public utility; for all which trouble and expense the said Richard Champion will not be able to receive an adequate compensation, unless the term granted by the said letters patent be prolonged;" enacts, that all and every the powers, &c. which in and by the said letters patent were originally given and granted to him, the said William Cookworthy, his, &c. and no further or greater than he or the said Richard Champion would have been entitled to if this act had not been made,

(d) The model so taken was deposited in the Tower of London. The same principle which led to the introduction of the clause respecting the enrolment of the specification, led to this, viz.

that the invention might be preserved to the realm.

(a) See note b, post.

should be and the same were thereby given and granted to the said Richard Champion, his, &c. and should be held, exercised, and enjoyed by him, &c. for the remainder of the original term, and for fourteen years more, in as ample a manner as if the said letters patent had been granted to the said Richard Champion.

Proviso, That the said Richard Champion should enrol a specification of the mixture and proportions of the raw materials composing the porcelain and the glaze of the same.

Proviso, That nothing in this act should hinder any person from using the raw materials in different proportions (b).

(b) The effect of this proviso is to confine the exclusive privilege to the particular proportions of the materials stated in the specification. The recital in the letters patent would embrace the general application of the materials therein specified to the purposes of pottery. The suggestions in the petition are as follow: "That the said Cookworthy had, by a series of experiments, discovered that materials of the same nature with those of which the Asiatic porcelain is made, are to be found in immense quantities in our island of Great Britain, which ingredients are distinguished in our two counties of Devon and Cornwall by the name of moorstone and growan and growan clay that the ware which he hath prepared from these materials hath all the characters

of the true porcelain, in regard to grain, transparency, colour, and infusibility, in a degree equal to the best Chinese or Dresden ware, whereas all the manufactures of porcelain hitherto carried on in Great Britain have been only imitations of the genuine kind, wanting the beauty of colour, the smoothness and lustre of grain, and the great characteristic of genuine porcelain, sustaining the most extreme degree of fire without melting: That this discovery had been attended with great labour and expense, and, to the best of his knowledge and belief, in regard to this kingdom, is new, and his own, the materials being, even at this time, applied to none of the uses of pottery but by him, and those under his direction."

Other Acts. Many acts subsequent to the preceding have been passed, conferring similar privileges, the more important of which will be noticed hereafter. The following are some of the acts alluded to.

Watt's act, 15 G. 3, c. 61, a.d. 1775, whereby Watt's patent, 5th January, 1769, for England and the Colonies, was extended to Scotland, with a term of twenty-five years from the passing of the act. See Boulton and Watt v. Bull.

Taylor's act, 16 G. 3, c. 18, A.D. 1776.-Extension of term and clause for granting licenses at certain rates.

Liardet's act, 16 G. 3, c. 29, A.D. 1776, extending the patent to Scotland, and prolonging the term seven years. See Liardet v. Johnson.

Hartley's act, 17 G. 3, c. 6, A.D. 1777, extending the patent to Scotland, and prolonging the term for twenty-eight years.

Bancroft's act, 25 G. 3, c. 38, A.D. 1785. Turner's act, 32 G. 3, c. 72, A.D. 1792. See Turner v. Winter.

Booth's act, 32 G. 3, c. 73, a.d. 1792, dispensing with the enrolment of the specification.

Ashton's acts, 34 G. 3, c. 63, A.D. 1794, and 35 G. 3, c. 97, removing doubts as to legality of certain processes in tanning hides, and prolonging term.

Conway's act, 35 G. 3, c. 68, A.d. 1795.

Koop's act, 41 G. 3, c. 125 (L. & P.) A.D.

1801, enabling transfer of patent right to sixty

persons.

Cartwright's act, 41 G. 3, c. 133 (L. & P.), A.D. 1801, vesting certain patent rights, and extending term.

Fourdrinier's act, 47 G. 3, s. 2, c. 131 (L. & P.), A.D. 1807, vesting certain patents.

Lee's act, 53 G. 3, c. 179 (L. & P.) A.D. 1813, dispensing with the enrolment of the specification.

Langton's act, 10 G. 4, c. 135, and 1 & 2 W. 4, c. 6 (L. & P.), extending term, and confirming privileges throughout His Majesty's dominions, except Ireland, and giving many unusual powers.

Hollingrake's act, 10 G. 4, & 1 W. 4, c. 80 (L. & P), A.D. 1830, extending terms of patents of 1818 and 1819, for nine years from the passing of the act.

The above acts show the principles which the legislature have adopted, in confirming and extending the privileges granted by letters patent. The same principles have been pursued by the Judicial Committee of the Privy Council, in confirming and granting letters patent under Lord Brougham's act.

Many other acts have been recently passed, but they relate principally to the formation of companies for working letters patent under special cir

cumstances.

R. v. MUSSARY.

[Bull, N. P. 76 a.]

Respecting patents, the following general rules were laid down by Lee, C. J. (M. T. 12 G. 2, A.D. 1738):

1st. Every false recital in a thing not material will not vitiate False recitals or the grant if the king's intention is manifest and apparent.

2d. If the king is not deceived in his grant by the false suggestion of the party, but from his own mistake upon the surmise and information of the party, it shall not vitiate or avoid the grant.

3d. Although the king is mistaken in point of law or matter of fact, if that is not part of the consideration of the grant it will not avoid it.

4th. Where the king grants ex certá scientia et mero motu, those words occasion the grant to be taken in the most liberal and beneficial sense, according to the king's intent and meaning expressed in his grant.

5th. Although in some cases the general words of a grant may be qualified by the recital, yet if the king's intent is plainly expressed in the body of the grant the intent shall prevail and take place.

suggestions will vitiate a grant.

A writ of scire facias to repeal letters patent lies in three Cases in which cases: 1st. When the king doth grant by several letters patent lies. a scire facias one and the self-same thing to several persons, the first patentee shall have a sci. fa. to repeal the second: 2d. When the king doth grant a thing upon a false suggestion, he prærogativa regis may by sci. fa. repeal his own grant: 3d. When the king doth grant any thing which by law he cannot grant. 4 Inst. 88. Where a patent is granted to the prejudice of a subject, the king of right is to permit him upon his petition to use his name for the repeal of it. Butler's case, H. 31 & 32 Car. 2, 2 Vent. 344.

The preceding most probably did not relate to letters patent for an invention; but I have not found any record in the name of the defendant on the patent rolls of this period.

The rules here laid down apply generally to royal grants, and have been recognised in many cases of letters patent for inventions.

The authorities upon which the above rules rest are numerous, as the case of the Alton Woods, 1 Co. Rep. 27; Arthur Legat's case, 10 Co. Rep. 109; and Earl of Devonshire's case, 11 Co. Rep. 894. See Law and Practice, IND. Tit. Suggestion, the iron patents, ante 16, n. and the following.

Letters patent were granted for "certain improvements in steam engines, and in machinery

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for propelling vessels," and one of the inventions as described in the specification not being an improvement, the grant was held bad for falsity of suggestion.

Parke, B., in delivering the judgment of the Court of Exchequer, said, "The question is whether this patent, which suggests that certain inventions are improvements, is avoided, if there be one which is not so. And upon the authorities we feel obliged to hold that the patent is void, upon the ground of fraud on the crown, without entering into the question whether the utility of each and every part of the invention is essential to a patent, where such utility is not suggested in the patent itself, as the ground of the grant. That a false suggestion of the grantee avoids an

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