THE CIVIL ENGINEER AND ARCHITECT'S JOURNAL. 



25 



the contracts for forfeiture, they were in possession of a large sum of 

 money, wliich, even in that case, must be coming to the plaintiif, 

 while the amount could only be ascertained by the quantity of work done, 

 and the mode in which payment had been calculated — an investigation 

 obviously which could only take place under the superintendence of a court 

 of equity, for it was utterly impossible such an account could be taken in 

 any court of law. The case, however, went still further than that. The 

 bill stated, that the plaintiff being pressed for money to carry on the works, 

 applied to the company for an advance on loan ; they consented, and three 

 several advances were made, secured on the property of the contractor — 

 namely, on the plant, utensils, and tools employed in carryincj on the works, 

 and by a mortgage on what remained due to him, the 20/. per cent, for work 

 previously done, but that the bill alleged applied only to the plant, 

 implements, and tools for the works under the written contracts : it did not 

 apply to the plant, utensils, and toolsemployed on the contract not in writing. 

 The company, however, had taken possession of the whole ; they claimed 

 all under the penalty as forfeited. Now, the bill contained a statement which, 

 if true, showed that the company had no title under that clause of forfeiture. 

 The forfeiture could only be enforced if the contraclor disregarded the 

 monition after seven days ; and the bill alleged that within the seven days, 

 taking up the very words of the contract, the plaintifl" had put himself in 

 that situation, which, if true, would have prevented a forfeiture. The com- 

 pany therefore had no title under that clause of forfeiture; but if they had 

 no title under that clause of forfeiture, they were in possession of large 

 property, stated in the bill to amount to 70,0001., on which they undoubtedly 

 had a lien for the repayment of the simis advanced to the contractor. The 

 bill also stated that the engineer of tlie company declared that in making the 

 certificates he should consider what was the state of the account upon all 

 the contracts. The result, therefore, would be, according to the allegations 

 in the bill, that the defendants had illegally and without authority possessed 

 themselves of properly which they contracted to leave in the hands of the 

 plaintiff, and an unsettled account remained between them. It was impossible 

 to say, if such a case were made out, that the Court would not administer 

 some relief; it was impossible to say the plaintiff had no equity, and the 

 denuirrer could not be supported. 



The Vice-Chancellor's decision allowing the demurrer was accordingly 

 overruled. 



PRIVY COUNCIL, Wednesday, Dec. 12. 



The petition of .lames Russell, Esq. , of Handsworth, came on for hearing 

 before the Privy Council this day. The lords present were Lord Brougham, 

 Mr. .lustice Parke, Mr. Justice Bosanquet, Sir Stephen Lushington, and the 

 Hon. Mr. Erskinc. 



The petitioner prayed for the renewal of a patent " for certain improve- 

 ments in manufacturing tubes for gas and other purposes," assigned to him 

 by Cornelius Whitehouse, a workman employed by him for the purpose of 

 carrying into effect the manufacture of tubes by machinery. 



Mr. Cresswcll (in the absence of Sir William Follett) detailed the history 

 of gas-tubing from the period of the application of old gun-barrels for that 

 purpose. The present invention had arisen in consequence of the petitioner 

 having been prevented by the combination of his workmen from meeting the 

 demands of the (las Companies for tubes, the supply afforded by manipula- 

 tion being limited, and too dependent upon the caprice of his workmen to 

 allow him to enter into contracts. The great demand for tho patent tubing, 

 and its great superiority over the hammered tube, had led to numerous in- 

 fringements, which, coupled with the enormous extent of litigation conse- 

 quent on such piracies, had deprived the petitioner of the fair and adequate 

 remuneration he ought to have obtained for so valuable an invention, without 

 which gas-lighting could not have been carried on to its present extent, 

 and which had led to several inventions of great utility. 



Angier March Perkins, ICsq., Civil Engineer, proved that he was the in- 

 vcnlor of an improved mclhod of heating buildings, which had been adopted 

 m the British Museum, Milbnnk Penitentiary, and in many churches, houses, 

 and other buildings, both public and private, to a great extent, and that his 

 patent was entirely dependent upon the patent tubing of Mr. Russell, without 

 which he could not have carried out his invention. 



Francis Bramah, Esq., Civil Engineer, proved that he had inspected Mr. 

 Russell's works, and was delighted with the beauty of the invention ; that he 

 bad for some years used the patent tubing, and had submitted it to a pressure 

 of 3 tons upon the square inch. Mr. Bramah also spoke to the great reduc- 

 tion in price effected by the patent, and its utility for hollow axles, spindles 

 for machinery, and a variety of mechanical purposes, independent of its value 

 for transmitting heat, gas, or fluids. 



The Lordi of the Council having intimated their opinion that the value of 

 the patent was in some degree proved by the numerous decisions of the Courts 

 of Law in its favour, the accounts were put in and verified. 



Mr. Fletcher, of Dudley, as solicitor to the petitioner, produced the original 



fiatents and other documents, and proved that he had complied with the regu- 

 ations promulgated by the Privy Council. 



The Attorney General then addressed their Lordships on behalf of the 

 Crown, and stated that he was fully acquainted with Mr. Russell's patent, 

 having been employed in opposition to it in different Courts of Law. He 

 could, however, fully attest the value and utility of the invention ; and if their 

 lordships should be of opinion that sufBcient remuneration had not been 

 afforded, he should, under the peculiar circumstances of the case, rejoice if 

 their lordships would grant an extension, in order that adequate reward might 

 be given to fui JJiTentien of great public benefit. 



Lord Brougham : Their lordships having taken the whole of this matter 

 into account, retain the opinion which they have had impressed upon their 

 minds from the very begmning — that this is an invention of extraordinary 

 merit, doing the greatest honour to the inventor, conferring great benefit 

 on the community ; founding in this eminent merit not merely the application 

 of a known principle embodying it in new machinery, and applying it to prac- 

 tical purposes, but involving the discovery of a new, curious, and most im- 

 portant principle, and, at the same time, applying that principle to a most im- 

 portant purpose. Their lordships have on the same side of the question taken 

 into account (which it is material to mention) Mr. Russell's merit in patro- 

 nising the ingenious and deserving author of this invention, in expending 

 money till he was enabled to complete this invention, and in liberally supply- 

 ing the funds which were requisite for the purpose of carrying this invention 

 into execution. On the other hand, their lordships have taken into mature 

 consideration (which they always do in such cases) the profit made by the 

 patentee, Mr. Russell, standing in the place of the inventor. They find that 

 it is not a case, as in claims of other inventions of great ingenuity and cer- 

 tainly of great public benefit, of actual loss in some, and of very scanty if any 

 profit at all realised in others, but that a considerable profit has been realised, 

 and upon the whole no loss. It is to be observed that the profit is not, per- 

 haps, very much greater, if at all greater than the ordinary profits on stock to 

 that amount employed without the privileges and extra profits of a monopoly. 

 It is proper to consider that one great item of deduction from those profits 

 also involves great pain and anxiety and suffering to the party, namely, the 

 litigation to which he has been subjected, and which is generally found to be 

 in proportion to the merit and the usefulness of a patent, namely, the tempta. 

 tion to infringe it, and to set at nought the right of the patentee, both in the 

 Court of Chancery, when he applies for protection by injunction, and after- 

 wards in a Court of Law, when he comes to claim compensation for damages ; 

 the temptation being, as I have stated, in proportion to the benefit and the 

 demand for the invention. That is an item which has, to a considerable degree, 

 attracted the attention of their lordships in this profit and loss account which 

 has been laid before them in the course of these transactions. Taking the 

 whole of the matter into consideration — the merits of the patentee, the merits 

 of Mr. Russell, and the loss that has been sustainsd in the litigation — and 

 setting against those, on the other hand, the profits which have been made, 

 their lordships were of opinion that the term ought to be extended, and upon 

 due execution being given to the undertaking, which has been just given by 

 Mr. Fletcher on behalf of the inventor, that the term ought to be extended 

 for the period of six years. 



STEAM NAVIGATION. 



An iron stfam ressil, of 50 tons burden, 71 feet in length, and 10 feet of beam, 

 with wheels at her stern, constructed rm the sculling principle, called the Robert .T. 

 .Stockton, came round from Liverjiool l<> Lnudou upon an experimental trip, «lurilig 

 the late tremendous weather, anil arrived in the river in safety on Monday evening, 

 Dec. 3. The superiority of the wheel introduced into this vesRel, in comparison with 

 what is called the .\reliiniedcnii screw, and other contrivances, was satisfactorily 

 shown, and no dotibt whatever is entertained of its extensive adoption. The Robert 



J. Stockton will in a l«\v days proceed on a voyage across the Atlantic Evening 



paper. 



Sli-'amer.- — On Tliursjay morning sowe curiosity was excited at Blackwall, and 

 below, towards Gravescnd, by the novel spectacle of a large heavy-laden ship pro- 

 ceeding down the river prujielled by a steam apparatus. Her appearance was that ui 

 an ordinary vessel, with the exception of a few bars of iron on Iier sides, crossed in 

 difterent lUrections, to which the propellers appeared to be attached. No paddle, 

 boxes were visible, nor was the water thrown up, as in the case of the paddle-wheels 

 — the action seemed to be smooth and equable. This is the first attempt, as far as 

 we know, to adapt the use of steam power to propel a vessel of the ordinary construe- 

 tion ; and it certainly does, on reflection, seem extraordinary that some plan for 

 eJlectijig this object should not have been, before now, brought into beneficial use, the 

 enormous expense attending the constant consimiption of fuel in steam vessels being 

 the great obstacle to the application of steam power to distant voyages. The ship above 

 alluded to is the Maria, going to India; her machinery, iu«luding the boilers, occa- 

 pies comparatively little space. — Dailj/ paper. 



Nfu.foundlaitd Sham Nafigalion.—'l'\ie House of .-Vssembly of Newfoundland have 

 voted 600^ for the promotion of steam coramuuicaUon between NewibumUand and 

 Great Britain and Ireland. 



JlorJcau.T atid Xiw I'ork Sleam Navigalion. — A public meeting, attended by eighty, 

 mne of the most respectable merchants, was held at Bordeaux on the 29lh of 'Nov., 

 and appointed a committee to take preparatory measures. — Commerce. 



North America. — The important topic of sIcam-naTigation to the British North 

 .\mcrican colonies is engaging mui-b attention in Halifax and St. John's. Mr. Howe, 

 who bad been advocating in England the expediency of a change in the present 

 system, has retimied to Halifax. — IJoriimg Adrcrtiier. 



Went India Islands. — We have socnj within the last few daj's, a circidar containing 

 a prospectus of a plan for opening and midntuining a regulai- comnumioatiou by steam 

 betwixt Liverpool and the did'eront West India Hlanil^.-^Li cerpool Albion. 



Brazilian Sleam Navigation. — Tho Bahia people were looking forward with im- 

 patience for the arrival of some of }hc steamers which the Balda Uny Sleam Navigation 

 Company proposed to put into operation iu that tpmrter, and there seemed to be every 

 dispo^iti^^n on the part of the residents to give all tho encouragement in their power 

 to thenudertakillg— jVoduhi/ Post. 



French Ejcperimcntal Hteom-lioat. — The steamer Veloce has received orders to hold 

 herself in readiness to sail for Havannah and Mexico, to try the new system of mastic 

 adopted by her commander, M. Itechamiel. The question whether ste^u aud ivind 

 caii be tumbiued will thus be speedily aolred.— ^mon'cui>i, 



