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![handle is hein.slavery/ssactsengr0334 and id is 1 raw text is: TIOTMAN'S PATENT (L ,VPRE) [1866] III MOORE N.S., 488
which was then before their Lordships, had been decided. As, however, there was
a boiTu fide intention to appeal, their Lordships think, in the circumstances, that
the appeal ought to be admitted and prosecuted upon payment of costs of the
present [488] application, and giving security for costs to the amount of £300.
The proceedings that have already been taken for prosecuting the appeal will be
ratified.
[Mews' Dig. tit. SHIPPING, A. XXVI. ADMIRALTY LAW AND PRACTICE, 21, 23 b.;
tit. SLAVERY AND SLAVE TRADE. S.C. L.R. 1 P.C. 268; 36 L.J. P.C. 3;
12 Jur. (N.S.) 895; 15 W.R. 236; see Reg. v. Casaca, 1880, 5 A.C. 548. As to
Vice-Admiralty Courts, see Colonial Courts of Admiralty Act, 1890 (53 and 54
Vict. c. 27), 0. in C. of Aug. 23, 1883 (Stat. R. and 0. Rev. 1, 631), and heading
COLONIAL COURT OF ADMIRALTY AND VICE-ADM3IRALTY COURT, in Pulling's Index
to the St. R. and 0. 3rd ed. 1899, p. 106.]
TROTMAN'S PATENT * [Feb. 21 and 28, 1866].
To entitle a Patentee to a prolongation of the term of Letters Patent, lie must
satisfactorily establish the amount of his profits [3 Moo. P.C. (N.S.) 496].
A Patentee did not manufacture or sell the patented article (ship anchors), but
granted licenses to Ironsinith, to manufacture, from whom he received royal-
ties. On an application by him for an extension of the term of the Letters
Patent on the ground of inadequate remuneration, the accounts produced of
his own expenditure in carrying on the Patent being unsatisfactory, and no
accounts given of the profits derived by the Licensees, a prolongation of the
Letters Patent was refused, first, as the Patentee's accounts were unsatis-
factory, and secondly, from the Patentee having so dealt with his patent
rights as to deprive him of the power of showing the amount of profit derived
from the working of the patent.
Licensees stand, with respect to the profits, in the same position as an Assignee
of the Patentee.
This was a petition by the Patentee, Trotman, for a prolongation of the term of
Letters Patent, granted to him in April, 1852, for his invention of Improvements
in Anchors.
It appeared from the petition, that Letters Patent had been granted to one
Porter in August, 1838, for improvements in anchors, but which Patent had been
worked by his Assignee, Honiball. That the Petitioner's invention and improve-
ments which were applicable to Porter's anchors consisted, first, of forming or
fixing the palm intermediately of the breadth of the arm; secondly, in forming
the horn wider than the arm; and, thirdly, in forming or affixing the palm of
Porter's at the back of the arm, and it was alleged, that by these improvements an
anchor made in accordance with the Petitioner's invention [489] was ensured to
bite the ground immediately, without a possibility of the unopened fluke dragging
along, as was the case sometimes with Porter's anchor, when the fluke did not open
out by the action of the horn, and that in the improved anchor the cable was less
likely to foul the horn in consequence of its peculiar formation, and by reason of
the angles which the faces of the palm made to the faces of the arms, much greater
holding power was obtained than in Porter's or any other existing anchor, for
which invention Letters Patent had been granted to the Petitioner for England on
the 20th of April, 1852, and for Scotland and Ireland on subsequent dates. That
shortly afterward the grant of the Letters Patent, trials were made under the
Admiralty superintendence, of the relative value of anchors, and the result of the
trials proved the Petitioner's anchor to possess superior advantages over the other
anchors tested: but that, although extensively employed by the Merchant Marine,
* Present: Lord Chelmsford, Sir James William Colvile, and Sir Edward
Vaughan Williams.](ViewImageLocal?handle=hein.slavery/ssactsengr0334&div=1&collection=&method=preview&ext=.png&size=3)