TALBOT7499

Lincolns Inn ¹
18 Nov 1857

My dear Sir

No Judges order ² has been obtained and after much consideration I have come to the conclusion that it is better to leave the cause ³ in abeyance with an understanding that if our opponents really relinquish the use & manufacture of the Plates under M^r Pretsch’s Patent ⁴ and while they so relinquish it, no step is to be taken –

I have written to Mess^rs Fry & Loxley ⁵ to say so and if they assent – which I consider they will be very glad to do – we are precisely in the same position as if such an order were drawn up, save that we shall not be prejudiced –

Whereas the proposed order might prejudice us – in case for instance of the Plates being sold to Purchasers & Publishers who should proceed to multiply and sell copies & whose proceedings it might become expedient if not necessary to stop – for it would then be objected to as that by abandoning the action we had permitted & sanctioned the Sale with all its consequences.

Since therefore we can in case of need resume the action at the stage we are now in – it is better to do without an order, the terms of which it would be very difficult to adjust so as to prevent mischief in future.

Believe me to remain
My dear Sir
Ever Your’s faithfully

J. H Bolton

I consider that this communication of mine to Fry & Loxley which was only made Yesterday virtually puts an end to the matter

W^m H. Fox Talbot Esq