12 S. III. JUNE, 1917.]
NOTES AND QUERIES.
335
England before the date of the patent,
that Dollond was aware of the fact, and
that he never ventured during his lifetime
to bring actions for infringement against
any persons who used the invention,
-' but permitted them to Enjoy the benefit thereof in Common with himself rather than Risque a Contest with them in relation thereto which might Probably Terminate in bringing a Public Discredit on his Patent and Eventually Issue in a Forfeiture or Avoidance of the same. But since the Death of the said John Dollond Peter Dollond his Son and Administrator (under Colour of the said Patent) hath Threatened to bring Actions against your Petitioners and any others of the Trade who shall make and sell the said Glasses. Whereby your Petitioners are Intimidated from carrying on their Lawful Trades .... And the said Peter Dollond is now Attempting to Establish a Monopoly of the said Glasses for his own sole Benefit by Virtue or Colour of the said Exclusive Grant."
The names appended to the petition probably include nearly all the opticians and mathematical instrument makers in London and Westminster, and for this reason the list must be regarded as of considerable interest and importance. I have added to the various names such particulars as are known t'o me. The letters ' D.X.B.' indicate that the person is noticed in the ' Dictionary of National Biography.' The list is as follows :
Addison Smith, Charing Cross. (Probably identical with a person of the same name, who is described as " of Richmond, in the county of Surry, gentleman," in a patent granted for the manufacture of spectacles, dated March 13, 1783 (No. 1359). He wrote a tract entitled " Visus illustratus ; or the sight rendered clear.... the cause or defect of the present mode of constructing spectacles, etc." London, 1783 ? 8vo.)
John Bird, Strand. (A well-known maker of mathematical instruments, and inventor of a method of dividing astronomical instruments.
- D.X.B.')
Tycho Wing, Strand. (Almanac maker. ' D.X.B.')
Samuel Scatliff, St. Paul's Church Yard.
Joseph Linnell, Ludgate Street.
William Eastland, Clerkenwell.
G. Ribright, Poultry. (Probably related to Thomas Ribright, mathematical instrument maker, who took out a patent for perspective glasses, dated Feb. 7, 1749, No. 640. He also patented a.n artificial horizon on March 2, 1790, No. 1731, his address being given as " The Poultry.")
Jas. Champneys, Cornhill. (Champneys was the defendant in the celebrated action brought by Peter Dollond for infringement of his father's patent, see post. The name sometimes appears as Champness.)
John Eglington, Hatton Garden.
David Deane, Smithfield.
Benjamin Martin, Fleet Street. (A well-known writer on scientific subjects and mathematical instrument maker. ' D.X.B.')
John Bennett, Crown Court, Soho.
Jolm Troughton, Surrey Street. (Brother of Edward Troughton, the well-known mathe- matical instrument maker, of Fleet Street. The business is still carried on at No. 138. ' D.N.B.')
Nathaniel Hill, Chancery Lane.
John Cuff, Strand. (Author of ' A Description of the most valuable kinds of Microscopes now in use.' London, 1743-58.)
Joshua Bostock, Drury Lane.
Samuel Wright, Bedford Street.
James Jameson, Saffron Hill.
Jos. Hitch, Eagle Court, St. John's Lane.
John Cox, St. John's Court, Cow Lane.
Peter Eglington, Strand.
William Cole, Strand.
Fras. Morgan, Cary Street.
J. Cleare, Fleet Street.
J. Burton, Fleet Street.
George Bast, Fleet Ditch. (Appended to this signature is the following note : " the maker of the aforesaide Glass in the year 1733." He is men- tioned in a letter signed '" Veritas," in The Gentle- man's Magazine for Oct., 1790, as " Old Mr. Bass, who at that tune lived hi Bridewell pre- cinct.")
David Drakeford, Fleet Ditch.
John Cooke, Snow Hill.
Robert Featley, Fleet Street.
Robert Rew, Coldbath Fields, " who in the year 1755 Inform 'd Mr. John Dollond of the Construc- tion of this Compound Object glass."
William Ford, Camion Street.
John Da vies, Charing Cross.
J. Burton, Johnson's Court, Fleet Street.
J. Cleare, Mitre Court, Fleet Street.
J. Clack, Saffron Hill-
The document is endorsed :
" 22nd June, 1764. Read and Refd to a Com- mittee, 26th June, 1764. Read at the Committee and Ref d to the Att>- and Soll r Gen 1 ,"
but there is no record of any further pro- ceedings, and it is certain that the patent was not annulled, since it is on record that Peter Dollond brought an action for infringe- ment against Champneys, or Champness, as it is sometimes written. This case was never fully reported. From brief notices appearing in the daily press we learn that the action was tried in February, 1766, in the Common Pleas before Lord Camden (not Lord Mans- field, as generally stated), and that Dollond obtained a verdict with damages assessed at 2501. (The real sum appears to have been 204Z.) Judgment was delivered on Feb. 20, 1766. Elsewhere the judge is reported to have said :
" It was not the person who locked up his in- vention in his scrutoire that ought to profit by a patent for such invention, but he who brought it forth for the benefit of the public."
This case has often been cited in patent trials, notably in the case of Boylton & Watt v. Bull, when Mr. Justice Buller obser\ ed :
