LSS+ Electronic Infobase Edition Version 5.

The principle having already been patented by Milner, in 1840, he

considered Tann's method an infringement, and commenced an action
against a Mr. Harrison, of Liverpool, who was selling Tann's
safes and boxes, and advertising himself as the sole proprietor
of the same. This case went to Court on June 23, 1851. A verdict
was rendered in favor of the plaintiff, Mr. Milner and against
the defendant, Harrison.

But this did not deter the defendant, Harrison, from continuing
to sell Tann safes and boxes. So Mr. Milner applied for an
injunction to restrain the defendant, Harrison, or any of his
agents, servants, etc., from making, using, vending, etc., during
the remainder of the term mentioned in the Letters Patent granted
to Mr. Thomas Milner, regarding any boxes, safes, or other
depositories that were made in such or the like manner, or on the
same or the like principle, or in anywise counterfeiting,
imitating, or resembling the said invention."

On August 2, 1841 the injunction was made perpetual against the

defendant, Harrison and any of his agents, or makers, or any
others using such materials for the life of Mr. Milner's patent.
Mr. Milner's patent did not expire until 1854 and he enjoyed the
sole right during this term to exclusively manufacture and sell
safes using the above principle until that time.

The Messrs. Tann, were compelled to relinquish their invention,

and in their disclaimer, stated, that "having in their
specification claimed the construction and adaptation of compound
and double or triple bodies or cases placed one within side the
other in succession, leaving spaces between the contiguous
bodies, and closing and filling such spaces with the
heat-resisting composition therein described, and having since
learnt that that part of the invention is not new, they disclaim:

"Making iron rooms, safes, etc., with separate spaces between the
contiguous bodies;" also, " they disclaim the use of muriate of
ammonia, impure potash, nitrate of soda, soda in cake, pearl ash,
or any other of the known alkalis."

In other words, they gave up the fight and ceased making safes
and boxes based upon those principles. Mr. Milner was the victor
and to the victor went the spoils. That being the sole right to
manufacture fire-proof safes using the above principal.

The fifth patent, by William Milner, (1851) was for: "closing the
door of safes and boxes by means of a continuous bolt or bolts on
3090 29/09/2006 2:58:39 PM
(c) 1999-2004 Marc Weber Tobias