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![handle is hein.slavery/ssactsengr0265 and id is 1 raw text is: LEE'S PATENT (IN.R E) [1856]
the reference to them in order to ascertain what the Claimants were truly entitled
to, their Lordships are of opinion they ought, according to the usual practice, to
condemn the Claimants in the expenses which they have themselves occasioned by
their unjust demand. They must, therefore, pay the costs of the reference and also
the costs of this petition.
[Mews' Dig. tit. SHIPPING; A. XXVI. ADMIRALTY LAW AND PRACTICE; 22. Practice;
d. Arrest. S.C. Swab. 45. As to the Slave Trade Acts, see note to The Amedie,
1810, 1 Acton, 251. See also Prize Rules, 1898 (Stat. R. and 0., 1898, p. 905).]
[226) In re LEE'S PATENT * [June 16, 1856].
Letters Patent comprised three separate subjects. Upon an application for
an extension of the term of the Patent, one only of the three subjects (that
relating to Railway breaks) appeared to the Judicial Committee to be
deserving of a renewed grant. Prolongation granted under Statute, 15th
and 16th Vict., c. 83, sec. 40, for such part only of the Letters Patent as
related to Railway breaks, and not to the other subject-matters of the
Patent.
This was a petition by the Patentee for a prolongation of the terms of Letters
Patent, consisting of three parts, in the specification described as improvements
in wheels and axle-trees to be used on railways, and in machinery for stopping on,
or preventing such carriages from running off, railways, which improvements might
also be applied to other carriages and machinery. Evidence was given to show
the great utility of that part of the patent which related to Railway breaks; by
which it appeared that the breaks acted directly from the axle and box of the
wheels, with a wedge-power shoe, which bore against the wheels and rails. That
the breaks commonly in use produced only five-eighths, or, at most, one inch of
bearing or friction from the wheel on the rail, which greatly destroyed the wheel-
tyre and rails, without a sufficient stopping power. It was also shown that the
stopping power or friction on the rail of the Patentee's break had the advantage of
eighteen to one over other breaks, by securing a certainty of biting the rails in wet,
foggy, or slippery weather; and that it was free from the frame of the carriage
and the unpleasant tilting motion and mephitic stench of the old breaks. That
the breaks were brought into action by one revolution of a powerful screw, and by
another half turn of the screw the whole weight of [227] the carriage was thrown
upon the wedge-block bearing of the break against the wheel and rail, thus freeing
the tyre of the wheels from friction, and raising the wheels clear of the rails one
sixteenth part of an inch but no more, (further rise being prevented,) thereby
saving the expensive wear and tear of the wheels' tyre and rails, a matter of great
consideration in the current cost of the stock of Railway Companies. The breaks
were also capable of being brought into action on inclines, and relieved again with-
out stopping the train. A witness was also examined to show the advantages of
the axle-trees. It further appeared from the evidence of the Petitioner, that he had
been at great expense in perfecting his Patent, and had incurred losses to the
extent of £4000, without any profits. There was no opposition.
Mr. Edmund F. Moore, for the Petitioner. Mr. Welsby appeared for the Crown.
The Right Hon. Sir William H. Maule.-This is a petition for a prolongation
of the term of a Patent obtained by the Petitioner in the year 1842, for a variety
of inventions, two only of which have been brought distinctly before the notice of
their Lordships. One for improved breaks, and another for improved
axles. In respect to these two, their Lordships have taken into con-
sideration the propriety of recommending to Her Majesty an extension of
the Patent, and with respect to one of them, namely, the axles, their Lordships do
not see any ground for recommending any extension. This part of the Patent does
* Present: The Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward
Ryan, and the Right Hon. Sir William H. Maule.
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