390 



THE CIVIL ENGINEER AND ARCHITECTS JOURNAL. 



[July, 



the chapel has heea restored in a very elaborate manner, and with good taste. 

 At Merlon, the loof of the ante-chapel, which was in a decayed state, has 

 been renewed, and tlie floor for the ringers in the tower removed, tlirowing 

 open a fine groined wooden ceiling, which is a great im])rovement ; hut llie 

 gallery for (lie ringers, wliich has been introduced in the place of the old 

 floor would have l)een better omitted. In St. Aldgate's Church the gi'ucral 

 effect of the exterior is pleasing, but there might have been more accuracy in 

 the details; ajul we cannot bnt regret the loss of the old library. At Holy- 

 well, though the exterior is less striking, all the detail is admirable, and in 

 the interior the good effect of open seats is fairly seen, and the manner in 

 which this restoration and enlargement have been executed is worthy not 

 only of praise, but of imitation. The restoration of St. Peter's in the East is 

 now also in progress, and it is hoped that the most aerupulous care will be 

 taken to preserve entire the character of the building, even in its most 

 minute details, and that no attempts at improvemetit will be allowed to inter- 

 fere with the designs of the original architects of this interesting and valu- 

 able relic of antiquity. 



The publications of the society during the year have been; the second 

 part of tlie " Guide to the Architectural Antiquities in the neighbourhood of 

 Oxford, " of which a third part is now in preparation ; several sheets of work- 

 ing drawings of ancient pews and pidpits. which are found very generally 

 useful, and are readily purchased. Two new slieets were laid on the table, 

 containing the details of the pulpits of Beaidien, Hants, of stone, very early, 

 in the Decorated style. St. Giles's, Oxford, of wood, also in the Decorated 

 style, but late ; and Coonibe, Oxfordshire, of stone, in the rerpendiciilar 

 style. The drawings of Shottcsbroke Church, a well-known and very perfect 

 specimen of the Decorated style, have been engraved, and will be ready for 

 publication iu a few days ; for these drawings the society is indebted to W. 

 ButterfieUl, Esq. The drawings of Minster Lovell Church, a good specimen 

 of the Perpendicular style, promised at the two last annual meetings, are still 

 not ready, the architect who undertook to furnish them having failed to fulfil 

 his engagement. The drawings of Wilcote Church, presented by C. Buckler, 

 Rsq., were laiil on the table, and will he engraved immediately; this is a 

 small church iu the Decorated style. Also those of St. Bartboleniew's 

 Chapel, lucsented by C. Cranston. Esq.; this is a sm.all but elegant building 

 of the period of transition from Decorated to Perpendicular. New editions 

 are preparing of Stanton Harcourt and Ilascley : to the series in 8vo. it is 

 proposed to add the papers on Ewelme and Dorchester, lately read by Mr. 

 Addington, for which the drawings are ready. 



A pajier was read on Dorchnsler Church, Oxfordshire, by Henry Adding- 

 ton, Esq., of Lincoln College, illustrated by a large number of drawings of all 

 parts of the building, including the original drawings by Mackenzie, for 

 " Skeltou's Oxfordshire," which were kindly lent for the occasion by the 

 Rev. H. Wellesley. Mr. A. gave an outline of the early history of Dorches- 

 ter, with its bisliopric and abbey, showing clearly that there was a Saxon 

 church on this site, but considers no part of the existing building earlier than 

 the middle of the twelfth century (unless it is a small portion of the masonry 

 of the tower), and the greater part is of the time of Edward I. The two 

 semicircular arches, which have been sometimes considered as Saxon, are 

 evidently cut through the Norman walls, and are probably of the time of 

 Charles II., when the church was repaired after the injury it had sustained in 

 the civil wars. 



THE NEW HOUSES OF PARLIAMENT. 



The Select Committee of the House of Commons appointed to inquire into 

 the present state of the building of the New Houses of Parliament, and to 

 report thereon to the House, have, pursuant to the order of the House, ex- 

 amined the matters to them referred, aiul have agreed to the following re- 

 port : — 



Your Committee have examined Mr. Barry as to the progress already made 

 in the building of the New Houses of Parliament, and have endeavoured to 

 ascertain from him the probable time that will elapse before the whole of 

 the works can be completed, and the period at which the two Houses may be 

 occupied for the transaction of public business. 



He has stated to them, that, were it urgently required, the Houses, and a 

 certain number of committee-rooms, and other otHces, might be prepared for 

 occupation at the commencement of the year 1840 ; but your Committee do 

 not feel themselves justified in affirming that such occupation could take 

 ])lace without inconvenience to the members, or impediment to the further 

 progress and satisfactory completion of the building ; and they think it right 

 to observe, that the general arrangements for ventilation cannot be completed 

 until the commencement of the year 1847. 



Your Committee have examined the Speaker, the Clerk of the House, and 

 the Serjeant-at-Arms, as to various alterations which have been lately pro- 

 posed in the interior arrangements of the House of Commons, and of some 

 portions of the building immediately adjoining, and have to report that Mr. 

 Barry will be able to adopt several valuable suggestions which the experience 

 of the officers of the House has enabled them to offer, without any increase 

 of the expenditure already authorized. 



Your Committee have examined various parties as to (be course hitlierto 

 adopted by Mr. Barry, with reference to alterations of the interior arrange- 

 ments shown in the plan approved by Coraraitteea of both Houses in 1836. 

 They impute bo blame to Mr. Barry for that course, and have eveiy reason 



to believe that all the alterations hitherto made have conduced to the conve- 

 nience and general effect of the building ; but looking to the misapprehen- 

 sion that appears to have prevailed as to these proceedings hitherto, they are 

 prepared to recommend that in future Mr. Barry should make a half-yearly 

 report of the progress of the works to the Commissioners of Woods and 

 Forests ; and sho\ild also submit to that board any alterations which may 

 hereafter be deemed advisable, and accompany sucli report with i)laus of the 

 alterations ])roposed. 



Your Committee further recommend, that as several alterations, entailing 

 more or less expense, have recently been sanctioned by the Government, tiie 

 Chief Commissioner of Woods shall, at the commencement of the next ses- 

 sion of Parliament, lay upon the table of the House of Commons a statement 

 of the total estimated cost of the building, according to the latest plan ap- 

 proved. 



Your Committee also suggest that a plan, prepared by Mr. Barry under 

 their direction, and exhibiting the present state of the building, and the al- 

 lerations adopted up to the present time, shall be signed by the Chief Com- 

 missioner of Woods, and deposited in the libraries of both Houses. 



July 4, 1844. 



TIIE WOOD-PAVING PATENTS, 



The Jiulgment of Lord Chief Justice Tindal in re Stead v. Williams. June 



29, 1844. Taken from the short-hand writer's notes, reported in the 



Meclianic's Maffuzine. 



LoBD Chief Justice Tindal. — This w,is an action for the infringement 

 of a patent granted for an invention for making or paving public streets and 

 highways, and public and private roads, courts, and briilges, with timber or 

 wooden blocks. The defendant pleaded that the plaintiff was not the first 

 and true inventor of the said invention in the letters patent and specification 

 mentioned, besides various other pleas which it is not necessary to particu- 

 larize with reference to the present motion. Upon the trial at the last sum- 

 mer assizes at Liverpool, before my brother Cresswell, a verdict was fouiul 

 for the plaintiff, and a rule nisi was afterwards granted for a new trial ; and 

 upon the report of the learned jndge it appeared that, before the granting of 

 the letters patent to the plaintiff', there had been published iu a scientific 

 work in England a letter from a gentleman of the name of Heard, containing 

 such a description of a mode of paving with blocks as made it fit to be sub- 

 mitted to the consideration of the jury as not differing substantially from the 

 invention for which the patent was granted. It appears also that, in sum- 

 ming up the evidence with reference to the letter above adverted to, the jury 

 were told in substance that, if they thought the patentee had borrowed his 

 invention from the publication which had been proved, he could not be con- 

 sidered as the first inventor. So also that, if the letter had been so far com- 

 municated to the public as to have become a part of the public stock of in- 

 formation, and he had thus obtained bis knowledge indirectly from the pub- 

 lication, that he was not to be considered as the first inventor within the 

 meaning of the statute. Upon the discussion before us it was contended that 

 this mode of summing up, although undoubtedly correct as far as it went, yet 

 did not present the entire view of the case to the consideration of the jury ; 

 for it was argued that if the invention had been communicated to the English 

 public, although it had never directly or indirectly come to the knowledge of 

 the patentee, still he could not be considered as the inventor. It was ad- 

 mitted on the part of the defendant that no case could be cited in wliich the 

 point had been expressly decided ; but it was contended that, in point of 

 reason and principle, such must be held to be the case ; for if the invention 

 had already been communicated to the public, it would be unreasonable that 

 they should lose the benefit of it, and be restricted from making use of it by 

 a patent taken out by one v?hose claim to such patent could only be sup- 

 ported on the ground, of his being ignorant of that which had been already 

 communicated to the rest of the world ; and though no decided case was 

 cited, various dicta of various judges were referred to in support of the view- 

 as contended for by the defendant, particularly what was said by Mr. Baron 

 Alderson, in Carpenter and Smith, 9 ileesom and Welsby, 902, and the ob- 

 servation made by Lord Lyndburst, and other Lords of the Privy Council, as 

 reported in 1st vol. Webster, 718. Lord Lyndhurst says, " If the machine is 

 published in a hook, distinctly and clearly described, corresponding with the 

 description in the specification of the patent, tbongh it has never been actually 

 worked, is not that an answer to the patent ? It is continually the practice 

 on trials for patents, to read out of printed books, without reference to any- 

 thing that has been done." Again he says, " If the invention is in use at the 

 time the patent is granted, the man cannot have a patent, although he is the 

 original inventor; if it is not in use he cannot obtain a patent if be is not the 

 original inventor. He is not called the inventor who has in his closet in- 

 vented it, but who does not communicate; the first person who discloses 

 that invention to the public is considered as the inventor." Upon a full con- 

 sideration of this subject we have come to the conclusion that the view taken 

 by the defendant's counsel is substantially correct ; for we think if the in- 

 vention has been already made public by any description contained in a work 

 whether written or printed, which has been publicly circulated, in such case 

 the patentee is not the first and true inventor within the meaning of the 

 statute, whether he has himself borrowed his invention from such publication 

 or not, because we think the public cannot he precluded from the right of 



using such information as they were already possessed of at the time the patent 



