The Northern Daily Times.
Liverpool, Merseyside, England, 1856-03-17 00:00:00

LIVERPOOL TOWN DUE

(Continued from Thursday, 13th March.)
recommended to the council to c ccede to the proposition
handed to me by yourself, and I think I need not in-
form you their recommendation is tantamount to its
acceptance by the council, so that I may now, with you,
congratulate ourselves on the settlement of this long
pending question.—Believe me, my dear Sir, yours most
truly, (Signed) JNo. WRIGHT.
To Wm. Brown, Esq.

At a meeting of the town dues' committee, held 21st
May, 1834, present, John Bourne, Esq., chairman, &c. &c.
The mayor having handed to the committee a further
letter from Wm. Brown, Esq. dated this day, inclosing
a copy of a letter to him, dated 20th instant, from Mr.
Jos. Hornby, chairman of the committee of merchants
who have refused to pay the town's dues, consenting
that the verdict against Messrs. Bolton and Co. should
be recorded, each party paying their own costs, Resolved,
—That it he recommended to the council to accede to
this proposition, and that the concluding part of Mr.
Hornby's letter shall have the early consideration of this
committee.

Extracted from the proceedings.
(Signed) CHAS. OKELL, C.C.

Town Hall, 6th June, 1834

Dear Sir,—l have the pleasure to inclose herewith a
copy of the resolution of the common council of the 4th
instant, confirming the resolution of the town dues'
committee relative to the termination of the suit against
Messrs. Bolton and Co.—l have the honour to be, dear
Sir, your obedient servant,
(Signed) JOHN WRIGHT, Mayor.
To James Hornby, Esq., Chairman, &e. &c.

At a common council, held in the common council
chamber, within the town hall, on Wednesday, the 4th
day of June, 1834, present, John Wright, Esq., Mayor,
&c. &c., Resolved unanimously,—That the report of the
town dues' committee is approved and confirmed. and
the said committee is hereby fully authorised to termi-
nate the litigation for the recovery of the town's dues
upon the terms contained in their resolution of the
21st ult. _ _

Extracted from the proceedings of the council.—For
the town clerk, (Signed) CHAS. OKELL, C.C.

BILL OF EXCEPTIONS

In the King's Bench

ftlibbleorx to Ott
BE IT REMEMBERED that in Trinity Term in the first
year of the reign of our Lord William the Fourth King
of the united kingdom of Great Britain and Ireland
came the mayor bailiffs and burgesses of the town of
Liverpool in the county of Lancaster by Thomas Foster
their attorney into the court of our lord the king before
the king himself at Westminster and impleaded Thomas
Bolton Robert Lewin Bolton Jonathan Ogden and John
Ferguson in a certain plea of trespass on the case on
promises on which the said mayor bailiffs and burgesses
declared against the said Thomas Bolton Robert Lewin
Bolton Jonathan Ogden and John Ferguson as defend-
ants For that whereas theretofore to wit on the fourth
day of June in the year of our Lord 1830 .at Westmin-
ster in the county of Middlesex the said Thomas Bolton
Robert Lewin Bolton Jonathan Ogden and John Fergu-
son were indebted to the said mayor bailiffs and bur-
gesses in 5001 of lawful money of Great Britain for so
much money then due and payable by the said Thomas
Bolton Robert Lewin Bolton Jonathan Ogden and John
Ferguson to the said mayor bailiffs and burgesses for
tolls duties and customs for and in respect of divers
goods wares and merchandise by the said Thomas Bolton
Robert Lewin Bolton Jonathan Ogden and John Fergu-
son before that time imported into the port of Liverpool
aforesaid and being so indebted they the said Thomas
Bolton Robert Lewin Bolton Jonathan Ogden and John
Ferguson in consideration thereof afterwards to wit on
the day and year aforesaid at Westminster aforesaid in
the county last aforesaid undertook and then and there
faithfully promised the said mayor bailiffs and burgesses
to pay them the said sum of money when they the said
Thomas Bolton Robert Lewin Bolton Jonathan Ogden
and John Ferguson should be thereunto afterwards re-
quested And whereas also afterwards to wit on the day
and year aforesaid at Westminster in the county last
aforesaid the said Thomas Bolton Robert Lewin Bolton
Jonathan Ogden and John Ferguson were indebted to
the said mayor bailiffs and burgesses in the further sum
of 5001 of like lawful money for so much money then
due and payable by the said Thomas Bolton Robert
Lewin Bolton Jonathan Ogden and John Ferguson to
the said mayor bailiffs and burgesses for certain tolls
duties and customs for and in respect of divers other
goods wares and merchandise by the said Thomas Bolton
Robert Lewin Bolton Jonathan Ogden and John Fergu-
son before that time exported from the said port of
Liverpool and being so indebted they the said
Bolton Robert Lewin Bolton Jonathan Ogden a

comas

Ferguson in consideration thereof afterwards to wit on
the day and year aforesaid at Westminster aforesaid in
the county aforesaid undertook and then and there faith-
fully promised the said mayor bailiffs and burgesses to
pay them the said last mentioned sum of money when
they the said defendants should be thereunto afterwards
requested And whereas also the said defendants after-
wards to wit on the same day and year aforesaid
at Westminster aforesaid in the county last aforesaid
accounted with the said plaintiff's of and concerning
divers other sums of money from the said defendants to
to the said plaintiffs before that time due and owing and
then in arrear and unpaid and upon that accounting the
said defendants were then and there found to be in
arrear and indebted to the said plaintiffs in the further
sum of 300/of like lawful money and being so found in
arrear and indebted they the said defendants in con-
sideration thereof afterwards to wit on the sainteay and
year aforesaid at Westminster aforesaid in the county last
aforesaid undertook and then and there faithfully pro-
mised the said plaintiffs to pay them the said sum of
money last mentioned whenever afterwards they the said
defendants should be thereupon requested Yet the said
defendants not regarding their said several promises and
undertakings so by them in manner and form aforesaid
made but contriving and fraudulently intending craftily
and subtily to deceive and defraud the said plaintiffs in
this respect have not yet paid the said several sums of
money or any part thereof to the said plaintiffs although
the said defendants afterwards to wit on the same day
and year aforesaid and oftentimes afterwards at West-
minster aforesaid in the county last aforesaid were re-
quested by the said plaintiffs to pay them the same But
the said defendants to pay the same or any part thereof
have hitherto refused and still do refuse to the damage
of the said plaintiffs of 10001 therefore they bring their
suit &c. _ . _

And now at this day that is to say on Saturday next
after the morrow of All Souls in this same term until
which day the said defendants had leave to imparle to
the said bill and then to answer the same &c At which
day before our said Lord the King at Westminster come
as well the said plaintiffs by their attorney aforesaid
as the said defendants by Henry Lowe their attorney and
the said defendants defend the wrong and injury when
&e and say that they did not undertake or promise in
manner and form as the said plaintiffs have above there-
of complained against them and of this they the said
defendants pot themselves upon the country And there-
upon issue was joined between the said mayor bailiffs
and burgesses and the said Thomas Bolton Robert Lewin
Bolton Jonathan Ogden and John Ferguson the said
defendants and afterwards to wit at the sittings at Nisi
Prins holden at Westminster Hall in and for the county

of Middlesex on the 14th day of February in the year of
our Lord 1833 before the Right Honourable Sir Thomas
Denman Knight Chief Justice of our said Lord the King
before the king himself Thomas Denman Esq being
associated unto the said Chief Justice according to the
form of the statute in such case made and provided the

aforesaid issue so joined between the said parties as
aforesaid came on to be tried by a jury of the said county
of Middlesex for that purpose duly impannelled that is
to say Richard Eneas Spurring of York-street Maryle-
bone Esq Thomas Burgon of Brunswick-square merchant
John Heley Booth of Lansdown-place St Pancras mer-
chant John Blakesley of Canonbury-lane Islington
merchant William Hood of Grove-place Marylebone
merchant Charles Hart of Upper Kensington Gore Esq
Thomas Harding of James-street Westminster Esq
William Harmer of Burton-crescent merchant John
Williams of Frith-street Soho Esq Henry Mortray Jones
of Southend Hampstead merchant Edward Coutts of
Bernard-street merchant and Michael Oppenheim of
Mansell-street Whitechapel merchant good and lawful
men of the said county of Middlesex at which day came
then as well the said mayor bailiffs and burgesses as the
said defendants by their respective attornies as aforesaid
impannelled to try the same issue And upon the trial of
that issue the counsel learned in the law for the said
mayor bailiffs and burgesses to maintain and prove the
said issue on their part called and examined on oath as
a witness one William Illingworth who stated that he
was formerly deputy keeper of the records of the Tower
and the counsel for the said mayor bailiffs and burgesses
in support of the said issue gave in evidence an examined
copy of an extract from Doomsday Book and read the
same as follows,
" In Chestershire the bishop holds the same city of the
king it pertains to his bishopric all the rest of the land
of the county Hugh the earl holds of the king with his
men The land between the Ribble and the Mersey
Roger of Poictou held Now the king holds it."
And the counsel for the said mayor bailiffs and bur-
gesses upon the trial of the said issue also gave in evi-
dence from the Charter Roll of the ninth year of the
reign of King John among the records of the Court of
Chancery in the Tower of London a certain Charter
granted by King John in the ninth year of his reign as
follows

"John by the Grace of God &c Know ye that we have
granted and by our present charter have confirmed to
Henry Fitzwarine of Lancaster the lands which King