Page:Federal Reporter, 1st Series, Volume 9.djvu/460

SHABP V. EEISSNER. 445 �of congress in the establishment of these regulations. If it be required that owners of vessols must be shown to know that the man he em- ploya as an engineer is not licensed, the public loses the protection intended to be afforded by these regulations, as the owner can employ any one and say he did not know he was not licensed, and need not inquire. The purpose of this section is to require him to know that Buch license bas been obtained, and he employa him as an engineer ■at his peril if he be not in fact so licensed. Therefore, it is not nec- essary to aver in the indictment, or prove on the trial, such knowl- edge on the part of the employer to make him liable to the penalty of the statute. �The motion is overruled. ���Sharp v. Eeissneb and others. �{Ou-cuit Oourt, 8. D. New York. October 5, 1881.) �1. Letteks Patent— PLBADiNa. �In a suit for the infringement of a patent, a plea which sets up the single defence of non-infringement will be stricken out on motion. �Briesen e Betts, for plaintiff. �W. H. L. Lee, for defendants. �Blatchfoed, g. J. The bill in this case is brought for the infringement of a patent. Tha bill alleges that the defendants, without the license of the plaintiff, and in violation of his rights, and in infringement of the patent, did "make, construct, use, and vend to others to be used, the said invention, and. did make, con- struct, use, and vend to others to be used, hydrocarbon stoves made according to, and employing and containing, said -invention," and "have made and sold, and caused to be made and sold, large quanti- ties of said hydrocarbon stoves." Two of the defendants have put in a plea to the bill, which sets forth "that neither they, nor either of them, have, since the issuing of the letters patent set forth in said bill, ever made, constructed, used, or vended to others to be used, the invention described in said letters patent, • * * or made, con- structed, used, or vended to others to be used, hydrocarbon stoves made according to, and employing and containing, said invention." The plea also denies that the defendants, "or either of them, have ever infringed upon or violated any exclusive right secured by said letters patent in any manner'whatever." There is nothing else in ��� �