The Sun.
London, England, 1836-07-04 00:00:00

ROLLS' COURT.-(THIS DAY.)

ATTORNEY-GENERAL V. ASPINALL AND THE MAYOR AND COR-
PORATION OP LIVERPOOL.—JUDGMENT.
The MASTER of the ROLLS, in giving judgment in this
case, stated that it came before him upon a demurrer to an in-
formation filed by the Attorney-General, at the relation of
Thomas Bolton and Timothy Jevores, against James Aspinall
and other persons, as trustees, holding the fund in question,
the Mayor, Aldermen, and Burgesses of Liverpool, and also
several Clergymen of Liverpool, praying for a declaration that
an appropriation of 105,0001. out of the property of the Corpo-
ration of Liverpool, for the permanent endowment of the clergy
of the Borough is unlawful and invalid, and that the defen-
dants, the trustees, might pay the same to the defendants, the
Mayor, Aldermen, and Burgesses of Liverpool, in order that
the annual income thereof might be paid to the Trea-
surer, and applied by him to the purposes for
which the Borough Fund is applicable. The case al).-
peering by the information was this :—On the sth of June,
1835, the day on which the Municipal Corporation Bill was
introduced into Parliament, the Corporation of Liverpool,
then governed by forty-one persons, called the Common
Council, Mayor, and Burgesses, was seised and possessed
of considerable property, and indebted to various persons to a
considerable amount. The Corporation were patrons of va-
rious Churches in Liverpool, and provision was made for the
payment of the Clergy, in a certain manner. This state of
things continued on the 9th of September, 1835, when the
Municipal Corporate Bill became a law. The Act having
provided for a great change in the governing body of the
Corporation, having directed the application of the income of
the Corporate funds, and having enacted that any advowson
belonging to the Corporation should be sold, the information
alleged that the Mayor, Burgesses, and Corporation, con-
ceived a design to appropriate a large part of the property of
the Corporation, and of the income and annual produce
thereof, for the purpose of permanently endowing the Church,
and making a permanent provision for the ministers
thereof. On the 7th of November, 1835, it was re-
solved that certain property of the Corporation should
be mortgaged for the purpose of raising the requisite
sum. The information, after charging the bond debts of the
Corporation, amounted to 792,0001., and that there was reason
to believe the income of the Corporation would be insufficient,
after paying the expenses directed by the Act, to defray the
expenses of police and the administration of justice, which, in
case of the funds being insufficient, were to be paid by a rate
levied on the inhabitants of Liverpool, prayed an injunction to
restrain the Corporation from carrying into effect the proposed
loan, and from borrowing money for that purpose. On the
21st of November, the injunction was granted on the ex parte
application of the relators. That injunction was dissolved on
the Ist of December, on the motion of the defendants. The
then Master of the Rolls, Lord Cottenham, in dissolving the
injunction, expressed his opinion that, upon the passing of the
Act, the trusts for the purposes of the Act attached on the
corporate property, and stated as the ground of the order he
then made, that if the injunction should be continued, the
question whether the Corporation had a right to do the act
they meditated could not be tried. The Corporation then
proceeded to do the act ; they borrowed 63,4401. on the
security of the estate, and 105,000/. was paid to the
defendants, Aspinall and others, on the trusts declared
by an indenture, dated the 21st of December, 1835.
By that indenture, after reciting the endowments of the Rec-
tory of the parish of Liverpool were charged on the rates of
the parish, and that the endowments were insufficient for the
dae support of the Rectors and other ministers; and the Com-
mon Council deeming it expedient that the inhabitants should
be released from the charge or the rates of the parish for the
endowments of the Rectory, the payments thereby directed
were to be on the express condition that the Rector should
accept the same in lieu and satisfaction of a yearly rate or
assessment under the 10th and 11th William 111., and the
26th George 111. The grant purported to be, and was, an
appropriation of 105,000/. of the moneys of the Corporation
for the endowment of the clergy. The considerations for it
were as follows—first, the persons chargeable with the rates
or assessments authorised by the statutes of the 10th and 11th
William 111., and 26th George 111., were relieved from those
rates ; secondly, the Corporation Fund was relieved from the
allowance which had been afforded for seven years ; and thirdly,
the Corporation acquired such, if any advantages that might
be made by a sale of the increased value of the advowson
and the right of presentation under the Act ; and besides this,
the inhabitants of Liverpool, members of the Established
Church, would have the advantage of a better endowed clergy.
A few days after the execution of this deed a new form of
Corporation was constituted under the Act, and the present
supplemental information was filed. The relators alleged the
appropriation was a misapplication of the property of the
Corporation ; that, after the passing of the Municipal
Corporation Act the governing body of the Corporation could
not lawfully make the appropriation, and that it ought to be
set aside by the Court; and it was therefore desired the
money might be repaid. The present information alleged
no fraud, collusion, or improvidence, and it did not allege
as facts several important circumstances which were
stated to be charged in the original information—such
as the amount of the bond debts, and so forth. The
Learned Judge, after going through the various; clauses in the
Municipal Corporation Act, which had been relied upon as
bearing upon the case, said, upon the whole of the case, con-
ceiving that to some extent and for some purposes a new trust
did attach on the corporate property on the passing of the
Act, bat that the old governing body was not forbidden or pre-
chided from a fair application of the corporate property for the
benefit of the inhabitants, not being able to say that an appli-
cation of the property for the more secure endowment of the
clergy of the Established Church performing Divine service
in the churches and chapels of the borough, was not, under
the circumstances, an application which might legally be con-
sidered an application beneficial to the inhabitants of the bo-
rough, considering the case to be within the meaning of the
97th section, without saying that in no case whatever the
Court might not have jurisdiction, although the 97th clause
was applicable ; but that, thinking it a case in wh;eh the re.
lief given by that section ought to be resorted to, and having
regard to the nature of the charges in the information, it did
not appear to him, supposing all the allegations which it con-
tained to be true, or could decree the relief prayed for, or any
other relief, and therefore he thought the demurrer ought to
be allowed.
The SOLICITOR-GENERAL applied for leave to amend the
supplemental information, but his Lordship did not think he
could grant it.

CENTRAL CRIMINAL COURT.

THIS DAY.

This morning these Sessions commenced before the Lord
Mayor, the Sheriffs, the Common Sergeant, Mr. Sergeant
Arabin, Alderman Kelly, &c.

The Calendar contains 103 prisoners, some of whom stand
charged as follows, viz.:—Murder, 1 ; manslaughter, I ;
arson, I ; child-stealing, 1 ; forgery, 2; cutting and wound-
ing-, 4; larceny, 49.
The Court proceeded to try some petty larcenies and mis•
demeanors which were traversed from the June Sessions.

SIR ROBERT PEEL'S DEJEUNER,—TIIC Right
[ion. Baronet and his accomplished Lady gave a splendid de-
jeuner on Saturday afternoon to three hundred fashionables.
The party, it is understood, was given for the purpose of
enabling Sir Robert's friends and the principal artists of the
day to view his superb collection of paintings, among which
are portraits (by Lawrence) of his former colleagues in office.
After viewing the pictures tho party promenaded around the
lawn and terrace on the river front. The band of the Cold-
' stream Guards was stationed beneath a large mulberry-tree on
the terrace, and played pieces from the operas of the Som-
namida and The Maid of Artois. The air, " The light of
other days," was performed by Handley, from Drury-lane
Theatre, on the cornet a piston.
The Duchess Countess of Sutherland and suite em-
barked this morning from Downes' Wharf, on board the far-
famed steam-ship named after this kind-hearted and yr,„,i,
beloved lady. Her Grace was accompanied to the ;'„ip by the
Duke and Duchess of Sutherland, La.‘2,-y Surrey, and many
other perscns of distinco.7,u; vib^,-oferc delighted at the appear-
ance and arrange of this superb ship, which is truly deno-
minate; o,oon of the Seas." From the rapidity and
regularity with which this performs her voyages, the
Duchess Countess may calculate on arriving at Dunrobin
Ca:,-tle (which is a distance of 700 miles) on Wednesday after-
noon at two o'clock, thus performing the voyage in forty-eight
hours. The Duchess Countess was received with every de-
monstration of respect, and was saluted from Downes' Wharf
and the various vessels 1 • there.

Ivinz