225 



THE TROPICAL AGRICULTURIST, [September i, 1885. 



the Southern colonies would take a considerable 

 quantity of the fruit. With the fast voyages now 

 made, lemons might even be sent to Europe. Dr. 

 Bonavia's letter, which is worthy of attention, shows 

 how local use for the lemon can be found and how 

 various acceptable and beneficial preparations of the 

 fruit can be obtained. We commend the subject of 

 lemon (and orarge) cuUivaiion to planters who feel that 

 they can not only grow but protect such fruits. 



LEMONS GROWN IN CKYLON. 

 Pallerakelle, Pnndaluoya, 8th August 1S85. 

 To tha Editor, •' Cii/Ion Ohsertvr." 



Dear Sib,— Whilst reading your notice of some 

 Indian (.■entlrman endeavouring to introduce the 

 culture of lemon, it appeared to me that you were 

 possibly unaware that lemons grow very well at an 

 elevation of about 3,000 feet in Ceylon. I have taken 

 the liberty of sending you per tappal two or three 

 grown here. 



From the one tree in bearing, we had this season 

 the first spriokling of ripe crop— about a cnuple of 

 dozen. Now we have, what in coffee would be called 

 the first round of picking, 72 ripe fruit. I should 

 thitk thfre are, at least, a couple of hundred more 

 green on the tree ; and flowers for the second crop 

 in the year are beginning to show themselve?. How 

 do they compare with European cues ?— Yours faith- 

 fully, EDMUND WOODHOUSE. 



DR. BOMAVIA'S LETTER ON LEMON CULTURE. 

 North-west Provinces, India, 23rd July 1885. 

 Dear Sir,— Allow me to bring to your Society's notice 

 the useful " Malta lemon tree." Many years ago I im- 

 ported it into the Horticultural Garden of Lucknow. It 

 thrived like a we<-d. I budded it on the native stock largely, 

 and disseminated it in various paris of India. Its fruit is 

 equal in every way to that of the Mediterranean, and it 

 produces it abundantly. It layers with great ease; can 

 be raised from seed and in your climate probably also 

 from cuttings, the tops of past years' growth. Since I 

 came here I again began to di.sseminate it. I sent some to 

 Delhi, the Himalayas, AUah.abad, Calcutta, Jubbalpore, 

 Puchmari, &c., and have had demands from Tinnevelly and 

 Travancore. I am certain it will do well in many parts of 

 Ceylon. It affonls many commercial products, such as eitric 

 acid, and all its combinations, lemon oil from the rind on 

 candied peel, and essential oil of the leaves, but its great 

 future in India and Ceylon is, I think, the manufacture of 

 Citrate of Inn niid Q«/«in«', the best tonic after fever. If 

 this could be produced cheaply, there would be a great 

 demand for it as a blood tonic. Its ally, the Seville orange, 

 grows very well also and can easily be propagated by bud 

 and seed. From it is made the best marmalade, oil of 

 neroli from the flowers, and •' petit iivain" oil from the 

 leaves. I would suggest that .your Society try these two 

 plants, if they have them not. I feel certain they will do 

 in Oeyloii. Limes srow almost wild iu Travancore. I thmk 

 there is money I" be wade from oranges and lemons. Voi 

 might obtain plants of the Malta lemon from Calcutta 

 from the Ag-rl-Horticultural SoWi'lyof India, Metcalfe Hall, 

 t sent (hem 50 (iiic plnntsa few ilavR ,ici,— B.'lleve me, he, 

 tSigntd) C, BoNAViA, J^t. D,, lirig.i.le-Surgeab, 1 M. Depart- 

 iiieut, Etawfthi , 



f. S.— Ffom the lemon fruit a fine lemou jelly is trhlde ! 

 it la a first rate (*/i(/sco)Vn/<i>. 



exercLsed in the matter of Patents, by the Common Law 

 and the Equity Courts in England, remarking that id 

 England the fusion of law and equity is not yet so com- 

 plete as it h.as always been under the Roman Dutch 

 Law. He would consider two main questions : frst, had 

 the plaintiff made out a jirnna facie case for the allow- 

 ance of an injunction pendente lite ; second, if so, had the 

 defendant shown any reason for depriving the plaintiff of the 

 temporary protection to which he was otherwise en- 

 titled. As regarded the first question, plaintiff would 

 not be entitled upon a mere emphatic assertion of 

 his right; he mu.st shew (A) a ^jri/im facie chance 

 of success at the trial, and (B) the probability of 

 irremediable damage, if the protection be not afforded. 

 As regarded (A) the learned Judge, having carefully con- 

 sidered the pros and cms, thought that there w.is sufficient 

 reason for allowing an interim injunction on the usual 

 condition of plaintiff's giving a bond with sureties to 

 answer for any injury the defendant might sustain by snch 

 injunction. The questions at the trial would chiefly be 

 (1) the validity of Jackson's patent, as to novelty; (2) 

 if valid, whether defendant had infringed it ; (3) whether 

 or not the Crown had granted patents to two persons for 

 the same inventiou, which last would require the evidence 

 of experts for its determination. The Court thought without 

 saying that the probabdity of ultimate success was in 

 favour of either party, or that the probabilities were even, 

 that there was such a sufficient reasonable probability that 

 plaintiff would be successful as to entitle him to temporary 

 protection. As to head (B) the learned Judge ; cited 

 Mayiiz, Covrsde llrnit Romnm, § 283; Digest 39-1-19 with 

 Voet's commentary thereon §§ 1, 2, anri expressed his opin- 

 ion that rights under a patent fell under the description of 

 incorporeal rights. He thought this requiiement was 

 satisfied by the inherent difficulty of estirnating the 

 damages a person would sustain by the continuauce of 

 an infringement of his patent rights; and that to refuse 

 an injunction (as suggested by defendant) on the con- 

 dition of defendant's keeping an account, was practically 

 to allow it unless defendant would submit to terms ; and 

 besides, quite apart from any question of the character of 

 the defendant in this particular case, the plaintiff would 

 have g eat difficulty in finding out how much really was 

 profit and how much cost of construction and sale in the 

 case of each machine. (The defendant had declined, at 

 the argument, to pay in all proceeds sale of his maehinee 

 into a separate account.) 



The Court now proceeded to deal seriatim with the matters 

 of defence relied on. 



First, as to grant of patent rights to both parties. 

 Though Copeland rs. Webb (11 W. K. 134) had 

 been cited for tne defendant, the Court was not pre- 

 pared to hold that an action analogous to the English 

 scire facias was the plaintiff's proper course. The same 

 principles applied to grants ot patent rights as to grants 

 of hiud, and yet during 35 years' experieuce the learned 

 Judge liad never heard of a scire facias being required to 

 si't aside a Crown grant of laod.' 'Whether there really 

 were two patents for the same invention, was a question 

 on whiclithe afSdavit evidence was conflicting; but taking 

 the s'atimeuts iu Ihe def-ndant's owr afiiiiavits as true, 

 tlu'V showed that liis was a different invention from the 

 plaintiff's, Second'!/, as to laches; this defence was not 

 made out, as the plaiDtiff deposed that he had first heard 

 ill 1884 of the defendant's patent, ahd did not get copies 

 of his spiclfication till the end of tlmt year, Thirdlv, as 



THK TK.^^ROLLEIt PATF.NT CASE. 

 D. C. CoroMiiO 94,191— Jackson rersvs Kehe. 



Intehiji IN,1UNCTI0N AfOWED. 



The District Judge of Colombo f'Mr. Berwick) yesterday 

 L'ave judgment upon the plaintiff's motii n iu this cnse 

 for aii interim injiinetiou, the matter having been argued 

 <in tlu' L'Olhof Julie last. 



After remarking that the delivery of ludgment Imd boon 

 delave.l till Counsel shniild S'Uid in their anthonUes, tho 

 learned J dge proceeded to consider the jurisdiction 



to the rfventnepj ot tne iiiaintm s parent: 'no v.iourii 

 thought tills ground only affected the nresiuuption as to 

 tlie validity of plaintiff's patentj which it had alreadjr 

 colisidered. i , ■ : 



An injunction would therefore issue pending the deCisiofI 

 of the action, on plaintiff's giving Ihe necessary security. 

 Oi stfi of the motion to bo costs in the cause to abide thB 

 final result.— "E.Naiuiner." 



♦ 



RUE VS. CCCONUT AND OTHER CULTIV- 

 ATION rOU THI'] CEYLON NATIVHS. 



Mr. Elliott very fairly strengthens liis position as 

 to the profit.ible nature of pa.-ldy cultivation in 

 irrigated fields, iu the letter which we publish he- 



