HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. EDITED BY SAMUEL HAZARD. VOL. XVI.--NO. 4. PHILADELPHIA, JULY 25, 1835. From the Journal of the Franklin Institute. Decision in the District Court of the United States, for JESSE DELANO, Jr. vs. JOHN SCOTT. 1834. Speal letters patent. This was an action of general interest, and one of some novelty in our courts; it was a proceeding by scire facias, under the tenth section of the patent law 1793, brought to repeal the letters patent of John Scott, the defendant, bearing date the 12th day of November, 1830, which were for certain alleged improvements in fire proof chests, called the improved fire proof chests. The plantiff alleged that the patent was taken out by the said John Scott surreptitiously, and upon false suggestions, and contained no improvement which had not been long known and used by Mr. Delano, and others. The cause came on for trial before his honour, Judge Hopkinson, and a special jury, on Wednesday, the 27th of May, and occupied the court, with the exception of one day till the 3d inst. It was proved, on the part of the plantiff, that Jesse Delano, as early as the year 1828; had made and sold fire proof iron chests embracing all the material principles and improvements enumerated in the patent of the said Scott. And it also appeared from letters patent, taken out by Jesse Delano, the 7th of March, 1826, for certain improvements, made by said Delano, in fire proof wrought iron chests, and in the locks and fixtures thereof, that said Scott had incorporated into his patent the main principles and features of said Delano's patent. It also appeared in evidence, that, in 1827, Scott went to work as a blacksmith in the factory of Mr. Delano, and continued with him about two years, and was employed by him, during that time, in making most of the iron work, and many of the very articles, for the chests then manufactured by Mr. Delano, under his patent, which the defendant patented after leaving his employment. No. 394. rested their defence mainly upon the alleged ignorance of Mr. Scott that he had included in his patent, improvements well known and long used, by Mr. Delano, and which were enumerated in his patent of 1826. The cause was delivered to the Jury by Judge Hop. kinson, in a lucid and able charge, in which after stat ing the principles of the patent law in general, and the different objects intended to be accomplished by the sixth and tenth sections; he explained particularly the nature and effect of the proceedings by scire facias, and entered into an examination of the patent of said Scott, and, the testimony offered in the cause; he said the jury were first to inquire if Scott was the true inventor, or discoverer, of all he had embraced in his patent; if they believed that he was, there was an end of the case, and their verdict must be for him; but if he had embraced in his patent and claimed as his, that which had been previously patented, (of which he intimated there was little doubt,) or if he had embraced in his patent, and claimed as his, that which was original, together with that which was well known, then the patent must be declared void, if this were a proceed. ing under the sixth section of the act of Congress, and a suit brought by Scott for an alleged violation of his patent; but that this was a different proceeding, and he should instruct them agreeably to the law, as stated in his opinion, on granting the scire facias, though he considered the point open for future discussion. accordingly told them that the plantiff in this case must go one step further, and not only satisfy the jury that the defendant had embraced in his patent, and claimed as his, that which was not new, and had been in use before, or which had been previously patented, but that they must be satisfied that the defendant had done this knowingly and intentionally; if they believed he had done it through ignorance and mistake, their verdict must be in his favour. The learned judge then applied the evidence to this branch of the case, and commenced on the testimony that had been relied upon as tending to prove that the defendant knew he was including improvements embraced in Mr. Delano's patent of 1826, and said that if the jury should be of opinion that the defendant had claimed in all, or either of the specifications of his patent, that which he knew was not his invention, but the invention of some other person, and which he knew had been known and used by others before and had intentionally included it in his patent, then they must find for the plantiff, and Scott's patent must be declared void. He The jury: after retiring to their room, returned a verdict for the plantiff, thereby declaring the patent of said Scott void. Scott left Mr. Delano in the fall of 1829, as he said to go on to a farm in Ohio, but went to Montreal, and attempted the manufacture of fire proof chests there. He returned to New York in June, 1830, visited the factory of Mr. Delano, and proposed to a witness who had worked with him at Mr. Delano's that they should procure one of his chests, take it apart, and use it for a pattern. Shortly after this, Mr. Scott came to Philadelphia, and commenced manufacturing fire proof chests, and in October of the same year, assured a gentleman who called upon him, that his (Scott's) chests were made in the same manner, precisely as Mr. Delano's; that he had worked for Mr. Delano for about two years; had learnt the husiness while with him; that the materials he used were the same, as those used by In the Lancaster Intelligencer of the 23d, we observe a communication from the Collector at Columbia, giv On the part of the defendant, Mr. Scott, it was ating an account of the tolls received at his office, and of first attempted to be shown, that the improvements enumerated in his patent were his own, and not the same with those enumerated in Mr. Delano's patent. But after the evidence was gone through, this ground seemed to be pretty much abandoned, and the counsel VOL. XVI. • Mr. Delano to make his chests fire proof, &c. 7 Perkins for plantiff; Earl and Dallas for defendant. THE CANAL, MANUFACTURES AND AGRICUL TURE. the articles carried eastward on the rail road, and west- REPORT OF THE FINANCES OF THE COMMONWEALTH OF PENNSYLVANIA, FOR THE YEAR 1834. thus transported would have remained in the bowels of the earth, undisturbed and unproductive but for our public improvements. The iron ore is carried from the mine, which is inexhaustible, three miles in wagons to Columbia, whence it is transported by the canal to Gamber's Furnace, near Middletown, Sims & Stock- Made to the Legislature, by the Auditor Genera 1. ton's at the mouth of Clark's creek, and Wright and Co's, seven miles up the same creek, and to Creigh's on the Juniata, 22 miles above Harrisburg. Owing to the richness of the ore, and the cheapness of canal (Concluded from page 27.) APPENDIX. MONWEALTH, Остовки, 1834. 2,500 shares in the Bank of 1,250 shares, subscribed in 1,000,000 00 carriage, the expense of mining and delivering it on BANK AND OTHER STOCK, THE PROPERTY OF THE COMthe bank of the canal, fifty miles from the mine, is said to be less than the expense of mining and hauling a distance of only two or three miles, the poorer ores from which iron works are usually supplied.-The canal enables the manufacturer of iron to carry the ore to the coal, and the pig metal produced by it to market, at less cost than the iron master at one of the old Furnaces, who has his mine, even if it is a rich one, within two or three miles of his work, but is obliged to haul his coal from five to ten miles, can produce his pig metal. This is asserted as a fact, by those conver sant with the iron business; but whether it is precisely so or not, certain it is that Furnaces are springing up along the canal; affording employment to hundreds of laborers; these laborers again consuming the produc-1,708 shares in the Farmers' and Metions of the farmer and mechanic, which, with the va lue of the iron produced, adds so much to the general wealth. And we are informed, that when the Marietta rail road shall be constructed, the iron ore can he furnished to manufacturers at a much reduced price. The canal in this manner gives value to the mine, employment to the laborer, and increased demand for the produce of the farmer, and at the same time reduces the price of the iron consumed by him: the iron smelted at any of these Furnaces is, in fact, created by the canal. So much for manufactures. 500,000 00 5,233 shares in the Philadelphia Bank, chanics' Bank, at $50 per share Turnpike Stock, Harrisburg, Carlisle and Indiana Erie and Waterford But this is not the only new creation by the Canal. There is no limestone between Harrisburg and the Mahantango, the creek dividing Dauphin and Northumber-Huntingdon, Cambria and land, a distance of upwards of thirty miles. A number of thickly settled vallies intervene between these points with land considerably exhausted, and without any means of restoring its fertility except by the use of lime. Here again, as with the manufacture of iron, it is found to be cheaper to haul the limestone to the wood, than the wood to the limestone; and where it would be ruinously expensive to the farmer to haul his wood in a wagon to the quarry, or even to haul the limestone in his wagon to the wood, the limestone can be carried a distance of twenty or thirty miles on the canal, and delivered on the bank, to the farmer, at a price that he can afford to pay. A number of laborers are constantly employed in getting out stone at the quarry of our old anti-canal friend, Bombaugh, four miles below Harrisburg, and boats are employed in conveying the limestone to Corbett's lime kiln, in Fishing creek valley, to the town of Dauphin for the lime kilns of P. Hocker and Wm. Clark (our anti-canal member of Congress in Clark's valley, two miles distant from Dau. phin, and to the lime kiln of John Funk (our late anti canal member of assembly) at the head of Ducan's Island Dam, in Powell's valley, a distance of about twenty miles from the quarry. Thus the limestone fertilizes the pocket of the owner of the quarry, it fertilizes the farms of the owners of the line kilns, and it gives employment to laborors, who consume the produce of the farmer,-advancing the interests of agriculture, and adding to the general wealth. The transportation of iron ore and limestone did not enter into the estimate of facilities and advantages that would follow the construction of the Canal. They are mere incidents, but are about to produce very important consequences. It may produce a revolution in the iron manufacture, but will certainly produce one in agriculture, by fertilizing thin and exhausted soils, which could by no other known agency be fertilized. Harrisburg Chronicle. Susquehanna and York bo. York and Gettysburg Springhouse, Northampton barre Pittsburg and New Alexan- 106,202 53 216,056 72 107,692 84 128,217 35 89,000 00 171,850 00 5,000 00 53,000 00 20,000 00 15,000 00 1,500,000 00 523,300 00 85,400 00 $2,108,700 00` 410,000 00 25,000 00 Bethany and Dingman's Choice 8,000 00 Robbstown and Mount Plea Sant 15,000 00 Bank Stock Mount Pleasant and Som Turnpike Stock Recapitulation. 2,108,700 00 2,113,604 49 erset 33,036 50 Bridge Stock Somerset and Bedford 34,606 84 Canal Stock Hanover and Carlisle 10,000 00 440,350 00 410,000 00 -5,072,654 49 Millerstown and Lewistown 35,865 62 Bellefonte and Phillipsburg 20,000 00 Philadelphia, Brandywine and New London 2,500 00 Belmont and Oghquaga 5,000 00 Bend Harrisburg and Millerstown Philadelphia and Lewistown and Huntingdon 40,000 00 Great Armstrong and Indiana 9,000 00 Clifford and Wilkesbarre 6,510 00 Indiana and Ebensburg 12,000 00 Washington and Williams port 16,455 66 Washington and Pittsburg 22,731 08 and New London Lycoming and Potter 18,043 41 Middletown and Harrisburg 14,000 00 Bellefonte, Aaronsburg and Youngmanstown 29,000 00 Philadelphia, Brandywine Washington and Pittsburg Chambersburg and Bedford Ilarrisburg and Millerstown Little Conestoga 1,956 59 6 09 69 63 25.95 12,500 00 33 67 Butler and Kittanning 5,000 00 Derrstown and Northumber Milesburg and Smethport 17,626 55 town Derrstown and Youngmans Mount Pleasant and Pittsburg York Haven and Harrisburg land Milesburg and Smethport 5,092 50 Gettysburg and Hagerstown 20,000 00 6,000 00 Abington and Waterford Warren and Ridgway 3,777 50 5,000 00 bridge Abington and Waterford 18,000 00 50,791 14 1,222 50 Bridge Stock. Bridge over Ten Mile Creek 1,000 00 Columbia Bridge Monongahela, at Williams 90,000 00 port 15,000 00 Harrisburg 90,000 00 Towanda 10,000 00 Northumberland 50,000 00 77,000 00 Monongahela 50,000 00 Allegheny 40,000 00 Rivers. Wilkesbarre 28,000 00 Lewisburg 20,000 00 Big Beaver 15,000 00 Danville 10,000 00 Nescopeck 8,000 00 French creek Bridge at Franklin Norristown 6,000 00 Conemaugh 5,000 00 Susquehanna and branches, per act of 26th March, 1821 Do. from Columbia to tide, per act of 31st March, 1823 Nothumberland, per act of Columbia Schuylkill Bridge at Potts 25th March, 1825 town 3,000 00 Loyalhanna 2,500 00 Milton 2,300 00 Catawissa 5,000 00 Jefferson college Robbstown 8,550 00 Washington college Deaf and Dumb Institution 440,350 00 House of Refuge 2,000 00 4,012152 32,000 00 5,000 00 Commissioners of Erie coun ty, for re-building public buildings, per act of 15th March, 1824 Penitentiary near Pittsburg Eastern Penitentiary For repairing and painting the public buildings at Harrisburg, per resolution of 4th April, 1833 2,500 00 114 98 10,000 00 913 75 Bank of Montgomery county,at an interest of 4 per cent. reimbursable 1st May, 1835 Farmers' Bank of Lancaster, at an interest of 4 per cent. re-imbursable 1st May, 1837, Easton Bank, at an interest of 5 per cent. reimbursable in May 1837, reserving the right of the state to reimburse the same at any time within that period Harrisburg Bank, at an interest of five per cent. reimbursable in May, 1837, reserving the right of the state to reimburse the same at any time within that period Stock law pertaining to the Pennsylvania canal, per act of 1st April, 1826, reimbursable 1st December, 1846 Ditto, per act of 9th April, 1827, reimbursable 1st December, 1850 Ditto, per act of 24th March, 1828, reimbursable 1st December, 1853 Ditto, per act of 18th December, 1828, reimbursable 1st January, 1854 Ditto, per act of 22d April, 1829, reimbursable 1st December, 1854 State loan, per act of 7th December, 1829, continued peract of 4th January, 1831 Stock loan per act 13th March, 1830, reimbursa 300,000 00 2,348,680 00 300,000 00 2,540,661 44 530,000 00 2,000,000 00 21,005,003 32 600,000 00 150,000 00 120,000 00 1,680,000 00 Loan to the Union Canal Company, per acts of 1st March, 1833, and 16th December, 1833 200,000 00 330,000 00 23,165,003 32 60,000 00 25,000 00 From the Pittsburg Advocate. OUR EXPORTS TO THE EAST. One important item was omitted in my late remarks upon "Pittsburg and its business;" I refer to the vast amount of Western Produce, shipped annually to the Eastern cities, by wagons and the Pennsylvania Canal, and which, including Pittsburg manufactures, will it is believed,amount this year to ten millions of dollars, with every succeeding year a large increase, owing to the development of our immense resources and capabilities of production, and the increasing profitable demand, and the facilities of cheap transportation to the best market. At present, the items of Western Produce and Pittsburg Manufactures, which are sent East by wagons and the Pennsylvania Canal, are Flour, Bacon, Pork, Lard, Tobacco, Wool, Flax, Clover, and Timothy Seed, Furs, Skins and Peltry, Feathers, Window Glass, Glassware, Steam Engines, Iron Work, &c. &c. In addition to the large amount of produce, &c. sent by return wagons to Philadelphia and Baltimore, in February, March, and April last, the writer is indebted to the kindness of that able and efficient officer, the Collector of Tolls in Alleghenytown, for the following returns, since the canal opened, being but a few days over three months: "Sir-The amount of tonnage of the following articles of Western Produce, shipped by the canal, for the Eastern market, is as follows: 1835.] METEOROLOGICAL REGISTER. $30,853 25 WM. M'CREEDY. On all other articles in the same proportion. Your friend, If the above is a very fair and moderate estimation of our exports east now, what will they amount to in a few more years or in time, if our canal and turnpikes can scarce do the business of the west now-what will be done in case of war with foreign powers, or an inter- We have now presented the tonnage of only five METEOROLOGICAL REGISTER. Extract from the Meteorological Register, taken at the State Capital-Harrisburg, Pennsylvania. MARCH, 1835. 30.12 inches. Mean, |