The Northern Daily Times.
Liverpool, Merseyside, England, 1857-01-02 00:00:00

TOWN COUNCIL.

The Town Council met at 11 o'clock yesterday, in the
Council Chamber, Town Hall, for the discharge of
special business, which they are bound to transact on
the Ist of January, in each year. FItANCIS SHAND, Esq ,
Mayor, presided. &lore the business was proceeded
with,
The Mayor said :—I think it is my first and pleasing
duty to offer to yon my good wishes on this our first
meeting in 1857; I shall not do so in the mere language
of compliment, but I do earnestly and anxiously hope
for God's blessing on our engagements and labours,
whether individually or collectively during the ensuing
year. (Hear.) I claim your attention also to a subject
of rather a mournful character. Since we last met in
this room there has passed from this mortal scene one
who, though not to the last, was till a very late period a
member of this Council. It is not for me, not having
been sufficiently acquainted with him, to speak of him
in his private capacity, but we all know him as a most
en• rgetic, intelligent and practical man of business, and
as i»ast devoted to the in'erests committed to his charge '
(ELar.) We know, too. that at the time his retirement
frwn- the Council was deemed, and, indeed, acknowledged
to be a public loss. I am, therefore, sure you will join
with me in expressing, which I most sincerely do, how-
ever inadequately, our sincere regret at the death of the
late Alderman Langsdale. (:Tear.)
The Council then passed to the business of the day.
The first business on the papers was the appointment of
a trustee under a local act of 9 Geo. IV , for enabling
the trustees of Mrs. Ann Molyneux's Charities, in
Liverpool, to grant building leases, and for better vesting
the estates in them ; for confirming exchanges, and other
purposes for the benefit of the charities.
Mr. Woodruff thought, that before appointing a trustee
they should be made aware of the nature of the charity
and also the amount and expenditure of the money
derived under it (Hear.) He had never seen any
account of its income and expenditure, nor did he know
anything whatsoever about. it. It might be properly
Managed, but as the Council was yearly called upon to
appoint a trustee, he thought they should be in some way
informed how the duty of the trust was performed by
those whom they appo:nted. He should like to know
whether any statement in reference to the trust ought
to he laid before the Council at particular times, and if
not, why those who had the responsibility of appointing
a trustee had not the power of demanding such a state-
ment ?

The Town Clerk replied, that the Council had nothing
to do with the administration of the funds of the charity
It was the private estate of Mrs Molyneux, which she
left with other property partly for the relief of poor
'debtors.
In consequence, however, of the passing of
the recent act of p aliament in reference to debtors,
.application was made by the trustees to the Court of
chancery that the funds might be otherwise appropriated.
The Council had nothing whatever to do with it, but the
Mayor, for the time being, being a trustee,the Council was
required when a trustee was appointed under the munici-
pal act to formally fill up the vacancy each year.
Mr. Woodruff : Do I understand that we are called
npon to appoint trustees without knowing whether the
trust is properly administered ?
The Town Clerk : The council has nothing to do with
the charity at all.
Mr. Woodruff: I should like to know to whom the
trustees submit their accounts ? There must be some
tribunal to whom they have to account. If it be not this
council, who is it?
The Town Clerk : The Court of Chancery.
Mr. Fernihough thought that in a matter of this
importance, Mr. Woodruff ought to have given notice of
his question in order that the Town Clerk should be
prepared with an answer.
11r. Woodruff replied, that the matter was of great
importance, but he thought the question was so simple
that it could be answered without a notice.

The Town Clerk : You misunderstand the position of
the council altogether in the matter. The council have
nothing to do with the funds of the charity, nor can they
call o❑ the trustees f .r any account.
Mr. Woodruff: Who then has the power to do so ti

The Town Clerk : The Court of Chancery. All the
council has to do is to appoint a trustee under the act of
Parliament, and the gentleman so appointed is generally
the Mayor. The trustees have power to grant building
leases of the property, but the council have nothing to
do with it.
Mr. Woodruff observed, that he would not have
occupied the time of the council the mater, were
It not that it was notoriously known that trusts had
been shamefully mismanaged in this country. Be did
not say that this was mismanaged, but he thought the
subject deserved to be investigated, and he would there-
fore revert to the question en a future day. (Hear )
Mr. Banner said that he knew a little of the charity,
and could give Mr. Woodruff some information in refer
ence to it: The object of the charity was to provide relief
for the widows of seamen and others. The property left
by Mrs. Molyneux consisted of some fields. They
were at that time of little worth, but had since
been greatly enhanced in value. (Hear, hear.)
The trustees bad power to lease the lend,
and they now derived a considerable income from it,
which was appropriated to the purpose he before stated.
There were a great many seamen's widows and other
families dependant on the fund. It was formerly
administered almost entirely by the late Archdeacon
Brooks, and the accounts were exceedingly well kept.
Mr Woodruff, in his capacity of Churchwarden, had
frequent opportunities of communicating with the Rev.
Rector Campbell, who, he (Mr. Banner) was sure, would
give him every information on the subject of the charity.
The matter then dropped, and the Mayor was appointed
the trustee.
Mr. Tolin Stewart, Mr. Thos. Flemming, and Mr.
Banner in the room of Mr. Gregson, were appointed
three trustees, tinder the local act of 7 Geo. IV., for
establishing St. James' Cemetery.
The Mayor and Mr. Alderman Bennet were appointed
the two members of the council to execute the powers
given to the Mayor and senior alderman by the local act
of 10 Geo. IV., cap. 15, relating to the school for the
indigent blind at Liverpool, and the chapel attached
thereto.
The next business was the appointment of forty-one
members of the council as commissioners, to carry into
execution the local act of sth Geo. IV., for the better re-
gulation and encouragement of pilots, for the conducting
of ships and vessels into and out of the port of Liverpool,
and the appointment of three members of the council as
auditors under the said act.
Mi. Robertson Glad:to e esker', if these commissioners
had power to make regulations in regard to the pilotage
of the river ?
The Town Clerk replied, that they had not. Their
duty was simply to appoint an executive commissioner
whose duty it would be to discharge the business under
the act. _ _

Mr. Robertson Gladstone regretted that the commis
sinners did not possess that power themselves.
After a few remarks from other gentlemen, the com-
missioners were appointed as before, with the exception
of those gentlemen who are now out of the council. In
their places the gentlemen returned for the same wards
were appointed.
The next business was the appointment of three com-
missioners under the local act of 10 Geo. IV, for the
embankment on the north west side of the Leasowes, in
Wallasey, and Great Meols, in the county of Chester.
The Town Clerk sugges'ed that as this was becoming
a very important matter, the town council should appoint
no gentleman who was not likely to attend the meeting
of the commissioners. If Mr. Hornby were not likely
to return soon lie would suggest that another gentleman
be nominated in his stead.
Mr. Alderman Ibver moved, that Mr. Fernihough be
appointed. (Laughter.)
Mr. Tyrer seconded the motion.
Mr. J. R. Jeffery asked, if the commissioners made a
report of their proceedings, and, if so, when was the
last report ? It was a most important matter—(hear,
hear)—and he should be glad to know what information
the council possessed in regard to it, and how often they
received it ?
The Town Clerk replied that the commissioners were
not a committee of the council, and therefore did not
report to it. Three of them were appointed by the
council, and four by the landowners', under an act of
parliament, and the council had not the power to call on
them for a report.
Mr. J. It. Jeffery : Then, do I understand that our
meeting to-day is simply a " blind" council ? Surely, it
could never be the intention of the act of parliament
that these commissioners should make no report of their
proceedings ? It may be the letter, but certainly not the
spirit of the act. The burgesses of Liverpool are deeply
interes'ed in keeping back thee ncroachments of the sea,
on the land on Wallasey shore, and, therefore, I think
that these gentlemen are bound to render a regular ac-
count of their stewardship.
The Town Clerk : There saema to he an impression
on the mind of Mr. Jeffery that this council has a right
to call on the commissioners to report to it. (Heal,
hear.) The council cannot do any such thing.
Mr. Jeffery : Cannot we call upon the three gentle.
men whom we send to that body to report to us ?
The Town Clerk : Certain'y.
Mr. Piston observed, that there was an essential
difference between this trusteeship and those of which
they had already disposed. The others were merely
formal appointments, but here the council had to spend
large sun
IS of money, through the hands of those com-
missioners so appointed ; and he thought that when the
council contributed money for a special purpose, they

ought to have an account of the manner in which it was
expended and the benefit derived from it. (Hear, hear.)
In conclusion, Mr. Picton said that it was suggested
that as Mr. John Stewart was one of the commissioners,
he might be able to give them some information on the
subj-ct.
Mr. John Stewart : I regret to say that I am unable to
give any information on it. I was only appointed last
year. I was only summoned to one meeting, and that
was last week, when I was out of town. (Laughter.)

The Town Clerk : It is competent for any member of
the council to put questions to the members whom they
appoint as commissioners, but you cannot pass a formal
resolution calling on them to make a report to yon.
Mr: Fernihough : Would not the commissioners be
competent to call in our water bailiff? He is a very fit
man for the duty, and if he were called in, we would
have a report of some ♦alue.
Mr. Alderman Dover observed, that Mr. Alderman S.
Holine went fully into this matter last year, and that the
impression left on their minds was, that their interests
In it were being very well looked to, but that in a short
time a large sum of money would have to be expended
in strengthening the embankment.
Mr. John Stewart : I recollect now, that in consequence
of Mr. Holme's observations on that occasion, the
embankment was surveyed by Captain Edwards, and
that he reported that everything was done that could be
done. The payment by the council is in the nature of a
rate laid over all lands below a certain level. The
corporation pays like any other landowner for that
portion of their land which is below the level.
Mr. J. R. Jeffery was again about to address the
council, but being met by loud and continued cries of
"spoke, spoke," resumed his seat.
Mr. Woodruff asked if the council had the power to
refuse payment of the money ?
The Town Clerk : The council does not pay money in
the sense you mean. The commissioners levy rates, keep
a banking account, and pay their bills independent of
you. The corporation pays nothing at all except its
proportion of the rates fixed by act of parliament.
Mr. Woidruff : Have we power to refuse our portion
of the rate ?

The Town Clerk : No, it is a compulsory rate.
Mr. A. C. Stewart : But can we not withhold it until
we ask the commissioners for a statement of the money
spent by them ?
The Town Clerk : No, you are obliged to pay the
money assessed on you.
Mr. Sheil urged, that where money was concerned it
was right that the council should be made acquainted with
the manner in which it was raised,the purpose, and how it
was expended. (Hear.) Ile did not suppose that they
would be justified in ealling on the commissioners to make
a report, but be conceived they would not be travelling
far out of the record in asking the gentlemen whom the
council appointed how they performed the duties entrusted
to them. (Hear) They were told that Mr. Alderman
Holine favoured them with a long speech on the matter
last year. He (Hr. Sheil) had no doubt it was very
eloquent, but as few of them had the faculty of recollect-
ing those speeches—(laughter)—or referring to them
afterwards, a report on the subject would be more
satisfactory. He would suggest then that these gentlemen
whom they appointed should make a report in writing on
the subject, so that they would bave the opportunity of
examining it. and of seeing how the public money was
expended. (Hear, hear.)
The Mayor : We cannot formally pass an order which
we cannot enforce.

Mr. Robertson Gladstone asked if it were not competent
for them to require those gentlemen who represented the
corporation to make a report ? It seemed anomalous that
they should be called on to contribute money, and not. be
informed how it was expended.
The Mayor : You may ask them to make a report, but
you cannot call upon the commissioners as a body for it.
Mr. VT. Earle : We pay parish rates in the same way ;
do we call upon the parish officers to render an account of
all these things to us ?
Mr. J. R. Jeffery : If you appoint the parish officers
Mr. Earle : I have asked the Mayor ; much obliged
to you for your information, sir. (Laughter.)
Mr. Alderman Parker : The act has been in force
since 1336, since the time of municipal reform, and not a
word about it until tow, when they hove found a
" mare's nest." (Laughter.)
The matter then dropped.
Mr. John Stewart, Mr. Alderman S. Holme, and Mr.
Fernihough were appointed the commissioners.
Forty one members of the council were appointed
commissioners under the acts relating to the churches of
St. Paul at d St. John.

Messrs. G. F. Carne, J. Jordan, jun. • T. R, Arnott, and
H. Clarke were appointed four of the twelve commis-
sioners to audit the accounts of the Liverpool docks,
under the dock acts.

Mr. B. Moore, M,P, Mr. S. Holme, Mr. Ilornby, Mr.
J. Stewart, Mr. J. R. Jeffery, and Mr. Thnnett, were
appointed commissioners under the income and property
tax acts.

THE MAYOR'S COMMTJNICATIONS.

A letter was read from the Home Office annour.cing
the appointment of Mr. J. A. Tobin, Mr. R. Sheil, Mr.
J. R. Jeffery, Mr. J. A. Tinne, Mr. E. Heath, and Mr.
T, Earle as borough magistrates, and directing the Mayor
to swear them in•

Mr. Fernihough said he was quite satisfied with the
list, but he thought that the compliment ought to have
been paid to the council of asking them to make the
recommendations. He remembered that in the passing
of the reform act, Lord John Russell said no magistrate
would be appointed unless first recommended by the
town council.

Mr. Alderman Dover confirmed Mr. Fernihough's
statement as to the tenor of Lord John Russell's speech.
He (Mr. Dover) did not quarrel with the list, but from
the neglect of the council in the matter, the very same
thing occurred in regard to the parish list.
Mr. Woodruff : Yes, and they have never done the
duty from that day to this.
Mr. W. Earle : Who are they ? (Laughter.)
The Mayor decided that the question was out of order.
Mr. Picton said, they owed the neglect of the Home
Office, in not consulting them, to their own supineness. If
the council had taken a deeper interest in the matter,
and notified when the number of magistrates was insuffi-
cient. they would have been cons ilted as to the gentle-
men to be appointed. The council, however, took no
interest in it ; they allowed themselves to be forestalled
by others, and they could not, therefore, wonder that the
Home Office should have passed them by. It should be
a warning for them in future, to take up the matter in
proper time.
Mr. Alderman Cooper observed, that the council did
recommend six additional magistrates, and that they
expected the Home Office would have the courtesy to
ask them to recommend a certain number of gentlemen.
The council did not make the recommendation—who,
then, did ? Did the mayor do it ? or was it by the
members of the borough ? (Laughter.)
The Mayor replied that he could not give the informa-
tion Mr. Cooper required. (Laughter).
Mr. Beckwith suggested that the cause of this bicker-
ing in regard to the list, was because the conservative
party had not been asked to make the recommendations.
(Cries of " No, no.")
Mr. Alderfnan Cooper : It is not so with me.

In reply to a question from Mr. Bennett,
The Mayor said, that he thought, on answering the
letter from the Home Office as to the necessity for an
additional number of magistrates, that the council would
be requested to recommend a certain number of gentle-
men. That was not done, the letter which was read
having been the only other communication received by
him on the subject.
Mr. Robertstone Gladstone thought, that the council
should never be called upon to make such recommenda-
tions. In former days, the recommendation came from
the stipendiary magistrate, who was the proper party,
in his (Mr. Gladstone's) opinion, to make it. Mr.
Rushton, when stipendiary magistrate, was called upon
to make such a recommendation ; but when they recol-
lected how the appointment of aldermen was recently
made, what confidence, he would ask, could they place
in the council, or what expectation of fair play in the
recommendations which they had a right to look for ?
(Hear, hear). The selection, he thought, should rest
entirely with the government.
The matter then dropped.
A letter was read from Mrs. Vaughan Yates in reply
to the resolution of the council, condoling on the death
of her husband.

THE NEW LIBEARY-MUNIFICCNCE OF M. WILLIAM

BROWNE, M P.
The following letter was read :
Richmond-hill, Liverpool, 31st Dee., 1856.
My Dear Sir,—l have long been desirous that Liverpool
should have a free public library and m.Jseum worthy of
the town, where the inhabitants, be their position in life
what it may, can resort for intellectual improvement; and
as some of my rtl ives and friends have expressed a wish
that I should build one, and present it to my fe:low-
townsmen, I am prepared to do so upon the site provided
by the Corporation. I have no wish to interfere with the
resolution tne council have already come to of having
the plans in the hands of the Corporation surveyor.
Probably it may not be unreasonable for me to hope and
expect that, in some way or other, my name will be con-
nected with it, to show that I have endeavoured to be
useful in:my generation, and possibly encourage others
who may have the means to contribute to useful public
works ; and that some of my family or executors may be
continued on the managing committee.—Ever yours
respectfully, AVM. BROWN.
His Worship the Mayor of Liverpool.
When the Town Clerk had finished reading the letter,
the applause of the council was hearty and continuous.
Mr. Picton said, that it might not be presumptuous in