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LETTERS PATENT, GREAT BRITAIN 26 July 1837
Patentee : John Melling
Invention : certain improvemetns in Locomotive Steam Engines
Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith TO ALL TO WHOM these Presents shall come Greeting WHEREAS John Melling of Liverpool in the County of Lancaster Engineer did by his petition humbly represent unto his late Majesty William the fourth that he has invented CERTAIN IMPROVEMENTS IN LOCOMOTIVE STEAM ENGINES TO BE USED UPON RAILWAYS PARTS OF WHICH IMPROVEMENTS ARE APPLICABLE TO STATIONERY STEAM ENGINES AND TO MACHINERY IN GENERAL which
invention he believed would be of general benefit and advantage that the said invention was new and had never before been made or used by any other person or persons whomsoever within these kingdoms to the best of his knowledge and belief The petitioner did therefore humbly pray that his said late Majesty would be graciously pleased to grant unto him his ex[ecut]ors adm[inistrat]ors and assigns his Royal Letters Patent under the great Seal of Great Britain for the sole making using and exercising of his said invention and all other benefit and advantage thereof within that part of Our United Kingdom of Great Britain and Ireland called England Our Dominion of Wales and Town of Berwick upon Tweed for the term of fourteen years according to the Statute in such case made and provided And we being willing to give encouragement to all arts and inventions which may be for the Public good are graciously pleased to condescend to the petitioners' request KNOW YE THEREFORE that we of our especial grace certain knowledge and mere motion HA VE given and granted and by these presents for us our heirs and successors DO give and grant unto the said John Melling his ex[ecut]ors adm[inistrat]ors and assigns our especial licence full power sole privilege and authority that he the said John Melling his ex[ecut]ors adm[inistrat]ors and assigns and every of them by himself and themselves or by his and their deputy or deputies servants or agents or such others as he the said John Melling his ex[ecut]ors adm[inistrat]ors or assigns shall at any time agree with and no others from time to time and at all times hereafter during the term of years herein expressed shall and lawfully may make use exercise and vend his said invention within that part or our United Kingdom of Great Britain and Ireland called England our Dominion of Wales and Town of Berwick upon Tweed in such manner as to him the John Melling his executors administrators or assigns or any of them shall in his or their discretions seem meet and that he the said John Melling his executors administrators and assigns shall and lawfully may have and enjoy the whole profit benefit commodity and advantage from time to time coming growing accruing and arising by reason of the said invention for and during the term of years herein mentioned TO HAVE HOLD EXERCISE AND ENJOY the said licence powers privileges and advantages herein before granted or mentioned to be granted unto the said John Melling his executors administrators and assigns to and during and unto the full end and term of FOURTEEN YEARS from the date of these presents next and immediately ensuing and fully to be complete and ended according to the statute in such case made and provided And to the end that he the said John Melling his executors administrators and assigns and every of them may have and enjoy the full benefit and the sole use and exercise of the said invention according to our gracious
intention hereinbefore declared We do by these presents for us our heirs and successors require and strictly to command all and every person and persons bodies Politic and Corporate and all other our subjects whatsoever of what estate quality degree name or condition soever they be within that said part of our United Kingdom of Great Britain and Ireland called England our Dominion of Wales and Town of Berwick upon Tweed aforesaid that neither they nor any of them at any time during the continuance of the said term of fourteen years hereby granted either directly or indirectly do make use or put in practice the said invention or any part of the same so attained unto by the said John Melling as aforesaid nor in anywise counterfeit imitate or resemble the same nor shall make or cause to be made any addition thereunto or subtraction from the same whereby to pretend himself or themselves the inventor or inventors deviser or devisers thereof without the licence consent or agreement of the said John Melling his executors administrators or assigns in writing under his or their hands and seals first had and obtained in that behalf upon such pains and penalties as can or may be justly inflicted on such offenders for their contempt of this Our Royal Command And further to be answerable to the said John Melling his executors administrators and assigns according to Law for his and their damages thereby occasioned AND MOREOVER we do by these presents for us our heirs and successors will and command all and singular the justices of the peace mayors sheriffs bailiffs constables headboroughs and all other officers and ministers whatsoever of us our heirs and successors for the time being that they or any of them do not nor shall at anytime during the said term hereby granted in anywise molest trouble or hinder the said John Melling his executors administrators and assigns or any of them or his or their deputies servants or agents in or about the due and lawful use or exercise of the aforesaid invention or any thing relating thereto PROVIDED ALWAYS and these our Letters Patent are and shall be upon this condition that if at any time during the said term hereby granted it shall be made appear to us our heirs or successors or any six or more of our or their Privy Council that this our grant is contrary to Law or prejudicial or inconvenient to our subjects in general or that the said invention is not a new invention a new invention [struck through] as to the public use and exercise thereof in that said part of Our United Kingdom of Great Britain and Ireland called England our dominion of Wales and Town of Beswick upon Tweed aforesaid or not invented and found out by the said John Melling as aforesaid then upon signification or declaration thereof to be made by us our heirs or successors under our or their Signet or Privy Seal or by the Lords and others of our or their Privy Council or any six or more of them under their hands these our Letters Patent shall forthwith cease determine and be utterly void to all intents and purposes anything hereinbefore contained to the contrary thereof in anywise notwithstanding PROVIDED ALSO that these our Letters Patent or anything herein contained shall not extend or be construed to extend to give privilege unto the said John Melling his executors administrators and assigns or any of them to use or imitate any invention or work whatsoever which hath heretofore been found out or invented by any of our subjects whatsoever and publicly used or exercised in that said part of our United Kingdom of Great Britain and Ireland called England our Dominion of Wales or Town of Berwick upon Tweed aforesaid unto whom like Letters Patent or privileges have been already granted for the sole use exercise and benefit thereof It being our will and pleasure that the said John Melling his executors administrators and assigns and all and every other person and persons to whom like
Letters Patent or privileges have been already granted as aforesaid shall distinctly use and practise their several inventions by them invented and found out according to the true intent and meaning of the same respective Letters Patent and of these presents PROVIDED LIKEWISE nevertheless and these our Letters Patent are upon this express condition that if at any time hereafter these our Letters Patent or the liberties and privileges hereby by us granted shall become vested in or in trust for more that the number of Twelve persons or their representatives at any one time as partners dividing or entitled to divide the benefit or profits obtained by reason of these our Letters Patent (reckoning executors administrators as and for the single person whom they represent as to such interest as they are or shall be entitled to in right of such their testator or intestate that then these our Letters Patent and all liberties and advantages whatsoever hereby granted shall utterly cease determine and become void anything hereinbefore contained to the contrary thereof in anywise notwithstanding Provided that nothing herein contained shall prevent the granting of Licences in such manner and for such considerations as they may by Law be granted PROVIDED ALSO that if the said John Melling shall not particularly describe and ascertain the nature of the said invention and in what manner the same is to be performed by an instrument in writing under his hand and seal and cause the same to be inrolled in our High Court of Chancery within SIX CALENDAR MONTHS next and immediately after the date of these our Letters Patent that then these our Letters Patent and all liberties and advantages whatsoever hereby granted shall utterly cease determine and become void anything hereinbefore contained to the contrary thereof in anywise notwithstanding AND LASTLY we by these presents for us our heirs and successors grant unto the said John Melling his executors administrators and assigns that these our Letters Patent or the inrolment or exemplification thereof shall be in and by all things good firm valid sufficient and effectual in the Law according to the true intent and meaning thereof and shall be taken construed and adjudged in the most favorable and beneficial sense for the best advantage of the said John Melling his executors administrators and assigns as well in all our Courts of Record as elsewhere and by all and singular the officers and ministers whatsoever of us our heirs and successors in that Part of our said United Kingdom of Great Britain and Ireland called England our Dominion of Wales and Town of Berwick upon Tweed aforesaid and amongst all and every the subjects of us our heirs and successors whatsoever and wheresoever notwithstanding the not full and certain describing the nature or quality of the said invention or of the materials thereto conducing and belonging IN WITNESS whereof we have caused these our Letters to be made Patent WITNESS Ourself at Our Palace at Westminster the twentysixth day of July in the first year of Our Reign
BY WRIT OF PRIVY SEAL