The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-01-04 00:00:00

The trustees were to build a house for the minister, to erect
4 chapel or oratory, to enclose the cemetery with walls, gates
and rails, and to make path-walks and avenues up to the
!_noapel, and in and upon the cemetery ; and when the ground
w.lcousecrated, it was to be for ever used for the purpose,
ut.U2_hristian burial, according to the rites of the united church
nrN:rigland and Ireland.
the The trustees were empowered to borrow at interest, upon
_ credit of the monies to be received by virtue of the act,
not exceeding twenty thousand pounds, to be applied in the
tent of the act, and to be repaid with interest at 5 per
.Ip. at the time and in manner thereinafter mentioned.
and e
cemetery was to be divided into catacombs, vaults,
„ graves, which were to be sold. The cemetery and build-
-48 were to be kept in repair. The minister was to be ap-
einted by the council, but any clergyman might officiate.
a[lll3e trustees were to pay the minister a stipend of £lOO per
Pay The minister was to receive the parish dues, and
Ft! them to the rector, and was to receive such further
cfix, as the trustees, with the consent of the bishop; might
.;,Which he was to account for for the purposes of the act.
By the 19th section, it is enacted, that the monies to be re-
ceived froth the sales of catacombs, vaults, or (graves, and in
to be
of burials and opening the ground, and the monies
the e borrowed, and all other monies, were to be applied in
of the place in the expenses of the erection and completion
cemetery, and the chapel or oratory, dwelling-houses,
"'L.acernbs, and other buildings, and the requisite repairs,
salTting, and cleaning; the stipend of the minister, and the
;;i,e, of the clerk and sexton, and the other expenses attend-
I,the e execution of the act. The surplus was to be applied in
Pr"' instance according to the following direction:—" In
Payingbe raised off and discharging the principal monies authorized to
raised and borrowed under and by virtue of this act, to-
gether with interest thereon, after the rate of five pounds per
,
B.7turu per annum, at such times and in such manner as the
i
trustees shall think proper." And the residue of such
surplus from time to time to be received, was to be laid out
aefold invested at interest upon securities, such securities and
, ' 4s, or such part thereof as should be necessary from time
1.0 time in payment of the current expenses attending the
execution of the act ; the interests and dividends of the residue
!'ete to be paid by half-yearly payments, equally between
the rectors of the parish of Liverpool in increase of their
stipends.
It 'ears that, on the sth of February, 1834, a memorial
°r ithe trustees of this cemetery, comprising in the names sub-
scribed to it those of the then mayor, John Wright, Eeq.,
jnd cOmmon councillors, Peter Bourne, Esq., William Rip-
te„)", EN., and Sir George Drinkwater, Knight, was pre-
nted to the then council, settling forth the act and the
grant of land by the corporation, and representing as follows:
,That the ruenaorialists had proceeded forthwith to procure
Plans frora the corporation surveyor, and according to those
Plans had enclosed the ground with stone walls and iron rail-
Itti!g!, and erected suitable buildings thereon for the comple-
of the cemetery, which had been consecrated by the
- the bishop of the diocese, and was then used as a burial-ground
or
purpose of Christian burial, according to the rites and
tts4ees of
that the united Church of England and Ireland:
at the work was, according to the best of the memorial-
ists' belief, generally considered an object of interest and
admiration by all strangers, and that it was highly beneficial
?n the inhabitants, by diminishing the number of burials in
those churchyards which were situated in the crowded parts
of the town. -
britat the sum of L 12,892 had been subscribed in shares;
that, from unforeseen causes beyond the controul nl. the
nsenaorialists, the cost of completing the cemetery had ex-
ceeded £24,000, whereby the memorialists had, upon their
Own resp onsibility, incurred a debt amounting at that
Period
dIU for the greater part of which sum the
Memorialists had given their joint and several promissory
notes,

And this memorial concluded with expressing—that the
Memorialists having incurred this debt in the execution, ac-
Cording to the best of their judgment, of a public trust, for
the public benefit only, and without any private interest of
their own, hoped they should not be deemed presumptuous if
they ventured to appeal to the honourable council to relieve
them from the responsibility which they had incurred.
It further appears:---
„ That at a common council held the sth of February, 1834,
this memorial was presented, and was referred to the select
finance Committee.
That at a meeting of that committee on the 7th February,
1831,
the consideration of the memorial was postponed; that
at a meeting of that committee of the 14th day of the same
adeputation from the trustees of the public cemetery,
~Onsisting of the Rev. Mr. explained Lawrence, and Dr.
13ranclreth, attended and more fully their situa-
lition, and the nature and object of their application to the
e2iincil; but that the further consideration of this subject
was again postponed: and that at a meeting of the 21st of the
name month, the committee bad resumed the consideration
0 the application from the trustees of the cemetery, and Dr.
Brandreth having again attended the committee, and having
rattilitted a general abstract of the accounts of the trustees
or the last year, after considerable discussion, the further
consideration was postponed until the return of the Town-
clerk from London; and that on the 29th March following
the deputation again attended the committee, but the subject
was postponed for the report of the Town-clerk, who was then
in London.
That at a meeting of the committee on the 4th of April,
18.34, the committee having resumed the consideration of the
memorial, emorial, and the Rev. Jonathan Brooks and Dr. Brandreth
attended, after considerable discussion, the committee
resolved, that the Cemetery Cominittee be requested to fur-
nish themselves with. a legal opinion for the purpose of show-
ing that they were in a situation to give a valid security for
the loan to be advanced by the corporation, in case the com-
mon council should be inclined to grant the same : and that
at a 'meeting of the committee on the 19th December, 1834,
the committee having resumed-the consideration of the memo-
rial, and a deputation consisting of the 11ev Jonathan Brookes
and Henry Lawrence, Esq., having attended and submitted
the opinion of Mr. Duckworth, iu respect of the required
loan, after considerable discussion, it was resolved, that the
consideration of the subject be postponed, for the purpose of
obtaining further opinion of counsel.
That at a meeting of the committee on the 20th February,
18
35; appears that Mr. Henry Lawrence attended the corn-
rnittee on behalf of the deputation, and stated that the opinion
of counsel ordered -to he taken at the meeting of this com-
mittee on the 19th of December last, was, that the proprie-
tors could not give any priority to any new lender of money
over the shareholders then existing in the undertaking, and
that he proposed that the corporation should therefore become
shareholders to the extent of £7lOO, which would relieve
those proprietors. who had become personally liable from part
of their present obligations, and should also make a further
uoyenee to it>o exteu by an-niderse-
went or transfer of the notes of the proprietors, which in gnt
be taken up; that the amount of this further advance would
not exceed £2200, and that, calculating upon the last year's
income, it appears the balance of the proceeds would be suffi-
cient to pay £3 Ils. 6d. per centum per annum, with every
prospect of an increasing revenue; and that the committee
came to the resolution that this proposition should he sub-
Mitted to the common council.
It further apnears—That, at a meeting of the common
council on the 4th of March, 1835, the committee was re-
quested to take the application of the trustees of the ceme-
tery, (referred to in the proceedings of the committee, on the
20th day of February) again into their consideration, and
to make a further report ; that after a meeting of the com-
mittee of the 6th March, and a postponement to the 20th, on
that day the committee having resumed the consideration of
the application of the Cemetery Committee, and Mr. Rector
Brooks and Mr. Henry Lawrence having attended on behalf
of the trustees, and suggested that the trustees should give
their notes or procure the outstanding notes to he assigned
for the security of the corporation, in the event of the corpo-
ration advancing the amount. required; or that the sum of
1:7100 should be invested in shares on behalf of the corpora-
tion, in which case it was stated by the deputation, that it
would require about eighteen years to liquidate the debt; it
'was resolved by the committee that these suggestions be sub-
mitted to the common council.
It then appears—That, on the 6th of May, 1835, the coun-
cil having taken into consideration the resolution of the com-
mittee resolve as follows :—" That shares in the said ceme-
tery to the amount of £7lOO be taken by and in the name of
this corporation, and that the Treasurer be authorised to pay
the amount thereof, and the same be allowed in his accounts,
and that the select finauce committee be and they are hereby
authorised to make the necessary arrangements for carrying
this resolution into effect—it being understood that the ac-
live management of the affairs of the cemetery be continued
ay the trustees thereof."
takes tn
place,eetin of the committee on the Bth of May, 1835, then
at which it is resolved, that the subject be re-
ferred to the town clerk and the treasurer, and that they be
requested to confer with the trusters of the cemetery, in order
,
ea:ry into effect the resolution of the council, and to re-
port.

00 the 29th May, 1835, a further meeting of the committe
'llPears at which a letter from Henry Lawrence, Esq., chair-
Man of the committee of St. James' Cemetery, requesting the
early attention of the committee to the subject of the purchase
.r shares by the corporation in conformity with the order of
the
last council being before the committee it is resolved—
" that the treasurer be authorised to pay the sum of £7lOO to
trustees on a receipt for the same, being given by three of
their number, in the usual manuer and on their undertaking
1'; give such further assurance to the corporation as the town-
clerk may deem requisite."
It further appears, that at the time of their applications to
The Council and the committee, the trustees published a prin-
ted paper intituled "Statement of the Case of the Trustees
of St. James' Cemetery." This paper contains the following
statement :

£ 8. d.

£ s. d

11,839 14 6