JL-LY 1, 1^85.] 



tup: tropical AGRicuLTurasT. 



55 



ures of tlie plaiutiff's machine which were alleged to be im- 

 properly embodied in the defendant's Koller viz., (1) free 

 and automatic vertical movemtut of the top rolling-surface 

 which is loosely enclosed in a jacket or box, which imparts 

 motion to it ; and (2) an arrangement for turning over ou 

 hinges the jacket or box together with the upper rolling- 

 surface, for purposes of cleaning out, &c. Mr. Layard 

 relied on Cannington v. Nuttall (L. K. 5 H. L. 205) to show 

 that a patent might be sustained though each principle or 

 process was previously wellknowu to all persons engaged in 

 the trade to which the patent related, provided the mode of 

 combining such processes was new and produced a beneficial 

 result. He also cited Lord Ellenborough's words in 

 Huddart v. Grirashaw (Dav. Pat. cases 205). He claimed 

 the phintiff '5 machine to be an entirely new combination 

 never previously applied to any purpose. Even the first 

 importer into this Island of a new machine might properly 

 patent it. Minter v. Wells (1 Webs. E. 131). Even a 

 colourable title in the plaintiff is sufficient to entitle plaint- 

 iff to an interim injunction. Oxford and Cambridge Uni- 

 versities V. Kichardson (6 Yes. jr. 70G). Even the use 

 of part only of plaintiff's combinations would con- 

 stitute an infringement. Sellers v. Dickinson (5 Ex. 325). — 

 A discussion here took place as to whether defendant 

 should be ordered to keep an account pending trial, Mr. 

 Layard contending that all proceeds realized should be paid 

 into Court or into a separate banking account, and Mr. 

 Browne opposing this as quite unusual, but being quite 

 willing to keep an account of the machines sold by the 

 defendant with the prices realized for them. Ultimately the 

 matter dropped, no agreement being come to on the point. 

 — Sir. Advocate Browne (Mr. de Vos with him) opi)06ed 

 the motion on behalf of the defendaut. The plaintiff was 

 wrong in proceeding against the defendant as though he 

 were an impudent pirate, whereas he had as good jrrima 

 facie title in virtue of the patent that he too held. Where 

 the parties have obtained patents for the same invention, 

 the Court of Chancery will not interfere by an interlocut- 

 ory injunction, but leave them to try the legal right by 

 scire facias, as questions might be raised also as to the 

 validity of plaintiff's patent. Copeiand i'. Webb (11 W. 

 R. 13-t) where Kindersley, V,-C , merely put the defendant 

 upon an undertaking to keep an account of the articles sold. 

 The plaintiff was also not entitled to the injunction by reason 

 of his laches in coming forward. The defendant's patent was 

 taken out at the latter end of ISS.?, and a full account of it 

 was given in the Cet/ton Observer of 8th December 18S3, 

 and plaintiff in his affidavit merely said that he heard 

 in 1884 (without mentioning the date) of thealleged infringe- 

 ment. Goodeve's Abstract of Patent Cases, p. 58 ; 

 Bridson v. Bcntcke (12 Beav. 1) where a delay of 11 

 months was held fatal notwithstanding the Court had 

 a strong impression in favour of plaintiff's right. Mr. 

 Braicne put in the affidavit of Mr. Aitkon to show that 

 one of .Jackson's machines, made in accordance "x'ith the 

 patent now in question, had been used in Ceylon at the 

 latter end of ISSl, long before plaintiff's grant of letters 

 patent. This would be a good defence. Stead \. Anderson 

 (U Jur. 1877). Again, plaintiff's patent is recent, there 

 lias not been exclusive possession of it for any length 

 of time, and defendant contends that it should never 

 hare been granted in view of the facts stated in Mr. 

 Aitken's affidavit : under these circumstances no inter- 

 locutory injunction should be granted. Hill v. Thompson 

 , (3 Mer. 622) ; Rennrd v, Levenstein (10 L. T., X. S. 01, 177.) 

 At the conclu.sion of the argument, the Court intim- 

 ated that it was inclined in plaintiff's favour, but would 

 carefully consider the matter before making its order. 



A question was started yesterday by the Secretary 

 of the Court, whether the pleadings in the case 

 should not bear the usual ad valorem stamps, not being 

 especially exempted by the Stamp Ordinance, This point 

 still remains to be decided. — " Examiner," June 23rd. 



AND 



J.^rANE.'iE PErrERMiNT is rapidly increasinp in value 

 owing to the large demand fr.im the United S'ates. A 

 f«w years ago, its price, as stated in a Tokyo paper, was 

 four ;/•» per pound, whereas it is now fourteea yen. Its 

 quality is highly praised by the foreign consumers,— 

 Japan Weikiij ilai, 



THE CEYLON PLANTING INDUSTRY 

 THE "ADVANCE", SYSTEM. 



Under the nom-tU-yluma of " Au ex-Coffco Agent," 

 a gentleman who is well entitled to write on the sub- 

 ject with authority sends us the following interesting aud 

 timely communication ; — 



Loudon, 22nd May 18S5. 

 Coffee planting in Ceylon may almost be said to be 

 the child of the advance system. Nurtured ou advances, 

 the cultivation grew with promising, not to say as- 

 tonishing, rapidity. And in the hey-day of its success 

 it was the boast of a well-kuowu Colombo merchant, 

 that to him was due the prosperity of Ceylon in 

 that he was the tirst to induce London capitalists 

 to make large advances in anticipation of securing 

 the sale of coffee crops in Mincing Lane. But there 

 was death in the pup. One need not insist on the 

 debatable point whether leaf-disease and other pests 

 were directly produced by the over-haste to be rich. 

 This at least is certain, that when the storm burst 

 the consequent ruin was greatly intensified by the 

 existing liuancial position ; and the same cause, which 

 had in previous days accelerated the rise of our late 

 King, now in a much greater degree accelerated his fall. 

 In the old days, when, barring exceptions just nu- 

 merous enough to prove the rule, every local merchant 

 or agent was heavily indebted to London merchants 

 or banking companies, every estate proprietor simil- 

 arly indebted to local agents, every company to his 

 estate proprietor', every cooly to his kangani it 

 was idle to hope for a fair and full discussion on 

 its merits of the system iu vogue. The evidences 

 of a present prosperity on which all, from the 

 merchant prince of the capital to the bumble 

 and hardworking cooly of Southern India, were un- 

 doubtedly thriving, were too strong to be assailed 

 by abstract arguments based only on general principles 

 how ever sound. 



The case is now altered, and at the present juncture 

 when the advance system is for the time iu abeyance 

 it may well be profitable to raise au academic dis- 

 cussion on its merits and shortcomings, not only as 

 being highly interesting iu regard to the past, but 

 also as a guide and warning for the future. 



To begin in true academic fashion let us try to define 

 the system of advances. The essence of the matter, 

 apart from any special arrangements for attainiug 

 the end in view, will be found on consideration to 

 lie in the application of the accumulated capital of 

 one country to the development of the resources of 

 another. 



Given that coffee-planting in Ceylon offered a reason- 

 able prospect of suecoes, it would seem, at all 

 events in its first beginnings, to befijecially adapted 

 to be the subject of advances from without. Indeed 

 looking at the time and cost necessary to bring coffee 

 trees to maturity, it is difficult to see how the first 

 coffee estates could Lave been opened without ex- 

 traneous capital. 



It is true that M*. Henry George boldly 

 asserts that labour is altogether independent of 

 capital and is in every case allsutlicing. i5ut even he 

 would, it may bj presumed, be puz/lcd to pet a foieo 

 of coolies to come over from the Coast of India and 

 plant up an ei-tate In Ceylon with no means ( f feed- 

 ing them the while, beyond the hopes of some coffee 

 ' berrie? at the end of three years. 



I Again even when th* estate is iu bearing a large 

 I expenditure is ueoofsiiry each year in anticipation 

 of the harvesting of the crop. And the problem is 

 still further complicated by the fact that the labour 

 I force has to be continuously imported and that not 

 I a cooly can do a stroke c( work till a ccrtaia limited 

 1 



