Page:Federal Reporter, 1st Series, Volume 8.djvu/919

 BHIRLET V. SANDERSON. 905 �in actual or constructive custody; that there is nothing to discharge him from ; and that it would be a waste of tioie to pursue the habeas corpus proceedings any further, Under section 752 of the Revised Statutes the writ of habeas corpus is granted "for the purpose of an inquiry into the cause of restraint of liberty." There is not now in this case any such restraint of liberty, or any such state of f aots, as requires that this court should pass on the question as to'whether the defendant ouglit originally to have been held or committed to await the action of the grand jury, even if it would at any time have passod on that question. The defendant was held and committed only to await the action of the grand jury ; and, as no indictment or informa- tion bas been filed against bim, he is entitled to be discharged on tbat grouud, and au order to that effect and for that cause may lo& entered if desired. Motion denied. ���Shibley V. Sandebson. (Oinuit Court, 8. li. Nm York. February 15, 1881.) �1. liBTTBBB PaTBNT — ImPKOVBMENT IN IiAMP ChIMNBTS. �Reissued letters patent, granted May 8, 1877, to Frederick 8. Shirley, for an improvement in lamp chinmeys, are valid. �2. Bamb — ApFiRMATrvœ Dbfbncb — Btjbdbn of Pkoof. �The burden of proof is on the defendant to establish his affirmative defence beyond a reasouable doubt. �F. Frank Brownell, for plaintiff, �George R. Dutton, for defendant. �Blatchford, C. J. This suit is brought on reissued letters patent granted to the plaintiff May 8, 1877, for an "improvement in lamp chimneys," the original patent having been granted to Eobert K. Crosby, as inventor, July 14, 1868. The specification of the reissue says that the invention — �" Consists in enlarging the chimney at right angles, or nearly right angles, at or nearly on a level with the flame, and giving the upper part of the chimney a conical form from this enlargement to the top, for the purpose of securing a laj-ger and steadier flame, and making a shorter chimney." �It proeeeds : �"A represents any chimney which has a circular flange or lip made on its lower end, for fitting down over and around the burner. This flange or lip, B, is here shown as perf ectly straight, and adapted to one form of burner only ; but it is evident that this part of the chimney may be made with the ont- wardly turned flange, so as to fit other common burners. At or nearly on a ��� �