The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-06 00:00:00

IMPORTANT SPECIAL MEETING OF THE,
BIRKENHEAD COMMISSIONERS.

LIGHTING AND WATCHING THE TOWNSHIP Or

CLATJGHTON.

On Saturday morning re special meeting of the above'
commissioners was convened -at el 3 Public Offices, Hamilton
goeare, Birkenhead, for the purpose of m tieing a pound
rate or assessment, under the n tone of a lighting and
watching rate,.on the township of Clete-4.11t0n cam Grange
under the prOvisiona of the Birkenhead Improvement Al',
relating to the improvement of Birkenhead, Claushton, and
Oxton. The meeting was held at half past nine o'clock,
i •
at which hour Mr. Gnslborn was revealed to take the
chair. The other commissioners present were—Me33l'
Willoughby, Harrison, Bell, Bradley, Verelst, 80,
Keightley, Park, Hind, anddif'Dmali.
The Chairman said they were mat for a special parpeiol
and then called upon the law clerk to read the circullt
convening the Meeting. That rrqueSt hiving been tout"
plied with, the chairman said, at the time the notices vta,e.
ttee
issued for calling the meeting, it was not Caon ; that t
chief constable of the county would have sent in a reP3ct
to the magistrates, but it had since been understood that
he hid been ordered to take the township
of Cleughtoll
under the charge of the county. Under those circumstancesthe special meeting had been called. Now that the chit'
constable would make that report, it was for the comati3•
sioners to say if it was desirable that they should make I
lighting and watching rate on that township.
Mr, Harrison : Has anything occurred to make AO
change in those Views of the subject.
The Chairman : Yes ; One law clerk has cenisulted 11!'i
Welsby on the subject, and his opinion has been found to
be adverse to our taking up Claughton.
The Law Clerk : It. was thought advisable to have.tel
opinion of counsel on the point, and I therefore consok,tv,,
with Mr. Welsby, who expressed a strong opinion LP:,
the commissioners were not then in a position to In
a watch rate, for this reason—that the commissioners had°
not, up to the time of passing the Act of 19 and,t,'.
Victoria, the General Counties Police Act, taken
township under their charge, and that therefore it fi,";
thentoo late for them to establish a police force, and t"-
township must go under the charge of the couti,l
constabulary. That is also the opinion of the clerk of t'
peace.
Me. Bell said there could not be a doubt but that
"
question raised was ono of considerable importance, I;he
alone to the ratepayers of Claughton, but also to 'dig
ratepayers of the whole district of Birkenhead. BY ..te
act, which empowered the commissioners to ineorper-0
Claughton, with Birkenhead, they had the full poco
of making a watching and lighting rate, belt it v"uto
seem that the act of 19th and 20th Victoria virtl°';
repealed the clauses for lighting and watebie!'
under the act of the 6th Vic., and prevented they
from incorporating Claughton with Birkenhead. If VIP;
is the case, they would have no powet even to light tt,
township, and it will be seen that all these clauses, relal
in.; to Claughton, must be null and void. By the geoere'a
police act, the head constable of the county has to rePit
as to what parts of the county are not watched. 101;130
seemed to him that it is not even now too lee for 'of
commissioners to pass a resolution bringing the dislillo
Claughton within their lighting and watching clau3e•
brad constable can report to the magistrates that the € le
Wet of Caughton is not now lighted or watched. if
did so, that report would have to go before the tioci:-;
tary of State, and before that report was sent in, t'!es',
would, if they passed a resolution, be able to inform 11,1,c'e
. that they had taken steps to do so. By the general Po;lhe
act, the head constable has to send his report te
magistrates, the magistrates send that report to the Borth ,
Secretary, and the Secretary then returns that report Wlif
certain rules and regulations. It seemed to him that of
they were then to make a rate, the rec mmendations_,
the magistrates would be excluded, and they (ehe 014
Jnissioners) would have a good case. to go before t",
Secretary of State. Therefore he would propose 1,
resolution and a rate on the township of Claughton 9t
levied, for the purp ,se of lighting and watching tliso
townseio. As soon as they had passed that resohetion,lo
should then move another reseletion, insn tuning t,".t
law clerk to give notice to the head constable of %In
had been 'done, and informing him that Cl aighton
not under the control of he county magistrates. it did.
Mr. Willoughby, in seconding the motion, wall the
not appear to him that the commissioner 113- their
heir
powers then, that they had had invested in9thenl
Clan" had
act, which sanctioned the incorporation of "--- 'had
with Birkenhead. It did not seem that although they
ot
not carried out the provisions of the act up to the Presest
time, that there was anything to prevent their doing so
any time they wished. Claughton appeared to be a Praore
Birkenhead, fo it was 'held responsible to the boadhe,
ld
the same as I3irkenheed was, and if a rate of 13. shoo
ee
be levied for a lighting and watching rate, theretoto
itiwould be wrong on the part of of the -commissioners_d
et Claughton be made a part of the county. As that v_7B
the best arid the last opportunity they were like to b(iala
the
Claughton, he should call upon them to a t°to
the resolution. He did not see anything in the ac do
prevent them from doing so, and why should they tot
so when they peased ?
Mr Rae wished to ask the law clerk whether he ';he
Understood Mr. Welsby's opinion to he, that because
commissioners had hot annexed Claughton to Birkeoblieo
prior to the passing of the general police act for Ptieg
purposes, that as the time had elapsed, the only Par"
that could do so were the county magistrates ? „.
The Clerk: Exactly so.
Mr. 11,=e sat 1, that if such was the case, it was rathaSrg,
serious matter.; for, presuming that the opinion of
Welsby wrs right, the Clau,thtonians would be called 9,Pb-t
to pay a double rate, if tha commissioners were to levY
rate, they would have to pay it as well as the °:if
that would he levied by-the "county. He supposed 031,0
the commissioners did levy the rate, they could not abo
it at a future time. to
The, Law' Carl( : It would be very injudicious n°'
levy a rate after it was made.
Mr. Ras Thin there is no power of rescinding a tall
when it is once made ? eer4
The Chairman : There are instances of the eon
not enforcieg payment of rates after they are maJe.. „of

The Lawtlerk Yes ; but that is in cases of P

persoM ns. ve4
r. Rae said he was strongly in favour of the ratell.3(li
of Claughton corning under the jurisdiction of Birkev` to
hut, at toe same time, as ihere might be some doubt 3:o!6
whether the ratepayers would not have to Inv ado arid
rate, he should advise that the subject be delays`{' otl
that fueher, time be taken to cAisider the subjectia be
tact the exact position in which they were placed gppl, pi;
submitted to the Horns secretary, with aview of ascertain
his opinion on the subject.
, The Chairman : It is too late now. &Dort
The LA, Clerk : The chief constable will gve his t"'
to the maistrate on Mond
Mr. Bragdley said that they
ay.
were all:aware of the P°3rtjfle
~
in which they were placed, but still he thought OP tpe
best means that could be t tken would be to adopts se
resolution, and send the report to the Secretary of Stu"
to what they had done. V ill
Mr. Keightly : If we pass the resolution, we shall
a position to do so to night..
Mr. Harrison supposed that if the commis3ioner3rdet
levy a rate, some friendly person would pay it,
to make it legal. For his own part he would wi's,'",`
come forward and pay tho rate rather than there s'
be any legal trouble about it. hich
Mr. Rae said he did not know the position in w.,for°
the Commissioaere were pl,ced, and would not ther'
make any further objectian.
After a brief oonversathn, tic°
Mr. Bind said he perfectly agreed with the prolog' Ile
and es they would never be able to settle the questiol')oe
thought that the sooner it was decided by the
Secretary, or the Court of Queen's Bench, the better'boli
Mr. Rte supposed that the commissioners woull,
the parties harmless who paid the rate, provided "
illegally levied.
Chairman : No doubt that will be arranged. frid
The resolution, as proposed by Mr. Bell, was then Ca'
unanimously. se t°
The Chairman : What amount of rate do you pr°,n °
levy ? 1 t°
Mr. Bell : The chairman of the watch committee wlit 0
able to give.the commissioners some idea as to what
supposed will be required: t 016
The Chairman : About Is. in the pound, the 11 a
value of the district being g 19,476. 030,
Mr. Harris then moved, and4Mr. Mr. Willoughby se?), rate
a resolution to the effect that a lighting and watellinel,toP
of is in the pound belt-vied on the ratepayers of Cladi,
for lighting and watching purposes. The resolution
then unanimously adopted. ' -n;roie,
After a brief conversation, Mr. Superintendent $'
and police constable Thomas Clarke were aprod„iiii3O,sll'
officers to do the 'police duties in the township' °f
ton.

Mr. Rae : How much lighting and watching !do
tlO3
propose to give us Claughtvnians ? o
- The Chairman : That had better be referred tI
Watch Committee.
The commissioners having transacted all the Viticil
business, withdrew, exc_pt these composing thee ode(
Cothmittee, who were detained for the purpose 0' od
lug steps for carrying out the above resolutions, 3,14.
the purposesof transacting%the usual weekly ince"