The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-06 00:00:00

Birkenhead Dock Company," " The Liverpool Dock Trustees,"
and " The Corporation of Liverpool," were each of them
prosecuting bills in pail anent in relation to works undertaken,
or about to be undertaken, by such bodies respectively.
And whereas, by the bill presented by the Liverpool Dock
Trustees, it was proposed to enable that body to raise
£3,500,000 on the mortgage of their rates, for the purpose of
making new docks on the north side of the river.
And whereas, the principal objects of the bills presented by
the trustees of the Birkenhead Docks, and the Birkenhead
Dock Company, was to relieve the trade of Birkenhead from
the town dues, and from certain payments to the Liverpool
Dock Trustees.
And whereas, such bills were all referred to the same
committee of the House of Commons.
And whereas, evidence having been taken on the Liverpool
dock bills, the committee refused to give to the Liverpool
dock trustees power to extend their docks on the north side
of the Mersey, and confined the new powers of borrowing
which they sought to the sum of £850,000, instead of
£3,500,000, as proposed ; and it was provided that the
moneys so borrowed should be applied only in completion of
the works then commenced : and the committee also intimated
that the committee entertained an opinion that it would be
advantageous to the maritime trado of the port of Liverpool,
and of the public advantage, that the whole dock system on
both sides the Mersey should be put under one public trust.
And whereas, in consequence of such intimation, the trustees
of the Birkenhead Docks, the Birkenhead Dock Company,
and the Corporation of Liverpool, entered into an agreement,
dated the sixteenth day of May, 1855, whereby it was agreed
that all the property of the trustees of the Birkenhead Docks,
and of the Birkenhead Dock Company, should, subject to
its liabilities, be transferred to, and vested in, the C.rpora•
tion of Liverpool, and that the Corporatio❑ of Liverpool
should deliver to the trustees of tho Birkenhead Docks, and
to the Birkenhead Dock Company, such bonds as therein
mentioned.
And whereas, for the purpose of carrying into effect the
said agreement, an act, called " The Birkenhead Docks Act,
1855," was passed, whereby, after reciting, amongst other
things, the said agreement, and reciting that it was of great
public importance that the Birkenhead Docks should, as
speedily as might be practicable, be brought into use for
commercial or other purposes, it ;sal enacted, that all the
property of the trustees of the Birkenhead Docks, and of the
Birkenhead Dock Company, should, subject to the liabilities
affecting the same, vest in the Corporation of Liverpool,
upon the delivery by the corporation to the Birkenhead
trustees and Birkenhead Dock Company respectively, of the
bonds therein mentioned, and which delivery has since taken
place.
And whereas, by the nineteenth section of the said] Birken-
head Docks Act, 1855," after reciting that it was expedient
that the Birkenhead Docks should, with as little delay as
possible, be constructed and completed, in such manner as
might render them most available for the commercial Purposes
of the port of Liverpool, in connection with the Liverpool
Docks ; and that the same rates, dues, and charges should be
levied in respect of the Birkenhead Docks, as were, at the date
of the now reciting act, or might thereafter be levied in respect
of the Liverpool Docks; and that all the said docks should be
placed permanently under tbo same control and management,
and he consolidated and become part of the existing estate of
the Liverpool Docks, it was enacted, that the corporation of
Liverpool should, and they were thereby required, either alone,
or conjointly with the trustees of the Liverpool Docks, to
prosecute a bill in parliament, in the then next session, for
obtaining the requisite powers for accomplishing the several
objects aforesaid.
And whereas, by the twentieth section of the last mentioned
act, it was enacted, that unless parliament should otherwise
determine, the corporation should, and they were thereby
required, immediately after the let day of September, 1856, to
proceed with the construction of the several docks and works
which the truceees and company respectively, meaning thereby
the trustees of the Birkenhead Docks, and the Birkenhead
Dock Company, were empowered to construct, by such of the
provisions of the recited acts as were then in force : and the
corporation should, in that case, immediately after the raid last
mentioned day, become, and they were thereby made subject
to all the liabilities of the trustees and company respectively,
in regard to the construction of such docks and works ; and
the corporation should, and they were thereby required, wholly
to complete the said docks and works in accordance with the
plans sanctioned by the subsisting provisions of the said recited
acts, before the Ist day of September. 1858, meaning thereby
the plans of the said Tames Meadows Bendel.
And whereas the committee to which the said Liverpool and
Birkenhead bills were referred, further made a special report,
which was as follows:

"The committee on grout) (D) of private hills, in consider-
ing the Liverpool Docks Bill, and the Birkenhead Docks
and Liverpool Docks Bill, referred to them, have come to the
conclusion that it is of great importance that an amalgamation
should take place of the Birkenhead and Liverpool docks on
both sides of the river, under the control of one public body.
"In lending ft, at0.1,,,,,re tiof-66n' ffeto—provi.de for all
the points whirls must ultimately be arranged with regard to it,
and which it is proposed should be finally settled in a bill to be
introduced in the next session. They are, however, desirous
of speedily calling attention to the following subjects :
(1.) " That the earliest opportunity should be taken of
carefully considering the constitution of the dock trust with
reference to the altered circumstances in which it will ho placed
in consequence of this amalgamation.
(2.) " That they should have provided for the immediate
equalisation of the rates of both sides of the river, with the
full concurrence of the pro:noters of the hill, had they not been
apprehensive that, on technical gtoti,ds the passing of measures
which they considered of urgent public advantage during the
present session would have been endangered.
(3) " That they were very sensible of the importance of
accurately defining and limiting the arrangements consequent
on the proposed transfer of the Birkenhead property from the
Liverpool corporation to the dock trustees ; but as the whole
matter will necessarily come under the consideration of parlia-
ment next session, they are unwilling to prejudge this particular
part of it.

(4.) " That the question of the Liverpool town dues only
came incidentally before the committee as P. portion of the
existing revenues of the corporation. It has been their ohket
not to prejudge, or affect in any manner. either the tide of
the corporation, or the general question of the propriety of
future legislation, with regard to municipal changes of this
character."

And whereas, in "the session of the year 185 G, being the
session next ensuing the one in which the said "Birkenhead
Docks Act, 1855," was passed, the Liverpool corporation pro-
secuted a bill in parliament, in relation to the Birkenhead
docks, and purporting to be so prosecuted in obedience to such
last mentioned act, and in accordance with the special report of
the said committee,

And whereas, by such bill, no provision was made for any of
the following purposes, that is to say : —For the transfer of the
Birkenhead Docks to the Liverpoolfdock trustees, so that both
might form one property and ono trust ; for the reconstitution of
the Liverpool dock committee, so as to enable the ratepayers
of the Birkenhead Docks to be represented in the Liverpool
dock committee ; for repealing the power vested in the corpo-
ration of Liverpool. as hereinbefore mentioned, of annulling any
proceeding of the Liverpool dock committe, or for declaring
the corporation of Liverpool to be trustees of the Birkenhead
Docks for the public, and prohibiting them from deriving any
pecuniary benefit therefrom.

And whereas, the works proposed to he constructed differed
in many material respects from the works which the corpora-
tion were required to construct by the Birkenhead Dock
Act, 1855.

And whereas, the bill so brought forward by the corpora-
tion of Liverpool was rejected by parliament.
And whereas the said Liverpool Corporation have neglected
to proceed with the construction of the said outer works, as
required to be constructed by the Birkenhead Docks Act,
1855.

And whereas, the Liverpool Corporation have given notice
that they intend, during the ensuing session, to make applica-
tion to parliament for a bill in relation to the Birkenhead
Docks ; and such bill is declared in such notice, to propose
the " alteration of works; constructio❑ of new works ; ex-
tension of time ; power to borrow money; acquisition of land ;
amendment of acts;" but no provision appears to be made in
such bill for carrying into effect the recommendations contained
in the special report of of the said committee.
And whereas, plans of the works intended, in pursuance of
the said notice, to be constructed at Birkenhead, have been
duly deposited ; and by such plans, it appears that the corpo.
ration of Liverpool propose to destroy a considerable part of
such portion of the said south reserve as is comprised in the
lease so granted as aforesaid to the Shrewsbury and Chester
Railway Company, in consideration of which lease, and on the
faith of the docks at Birkenhead being completed according to
plans so approved by parliament, as aforesaid, the Great
Western Railway Company made such amalgamation, and
incurred such expenditure as aforesaid.

And whereas, by an act passed in the fifth year of the reign
of his late Majesty King George the Fourt►r, chapter seventy-
th'ee, the appointment and superintendence of pilots for the
port of Liverpool is vested in a committee, hereinafter called
" The Liverpool pilotage committee," of whom the Corpora-
tion of Liverpool form the greatest part.
And whereas, by an act passed in the sixth year of the reign
of her present Majesty, chapter one hundred and ten, the con-
servancy of the river Mersey, and of the banks and shores
thereof, from Warrington and Frodeham bridges to the sea, is
vested in the following persons, that is to say ; in the first
commissioner for executing the office of Lord High Admiral
of the United Kingdom of Great Britain and Ireland for the
time being, the Chancellor of the Duchy of Lancaster fur the
time being, and the chief commissioner of her Majesty's 'woods,
forests, land revenues, works, and buildings for the time being,
in the said act intituled " Commissioners for the Conservancy
of the River Mersey," hereinafter called " The Conservancy
Commissioners."

And whereas, by custom, the corporation of Liverpool are,
or claim to be, entitled to appoint a water bailiff,and to remove