The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-05-04 00:00:00

TOWN COUNCIL PROCEEDINGS.

On Wednesday last, a monthly and adjourned quarterly
meeting of the council was held.
The Deputy To svN-cLuita having read over the minutes of
the last meeting, proceeded to read over the
FINANCE COMMITTEE PROCEEDING!.
Mr. Jordan, who has long been in a state of ill health, en-
tered the room, and his appearance was hailed with loud applause.
It was resolved, that Lieutenant Lowe, the Government. Emi-
gration Agent, be informed that the committee regret, after
every enquiry, not been able to find any engagemeut or under-
standing on the part of the council to induce them to accede to
his memorial, and provide him with lodgings.
An application was read from Messrs. Challoner, praying to
be exempt from the liability of erecting warehouses and arcades
on the east side of Queen's Dock, on some land leased by them
there under that proviso, and that they might be allowed to
erect offices in their stead. The application was grounded on
the recent determination of the dock committee to erect ware-
houses on the brink of the docks, which they contended would
make their erection of warehouses according to the provisions
of their tenure, a very unprofitable investment. It was not ac-
ceded to.hy the Committee.
An application was made from the churchwardens and over-
seers or Si. Michael's Church, for a grant of about £270 for the
erection of a children's gallery in that church, which it was de-
termined upon to recommend to be granted.
An application was made, relative to leave to make the
improvements in a warehouse at the corner of Temple-court,
which was recommended not to be granted by the committee.
(We mention this, as it was afterwards the subject of a motion.)
THE WAREHOUSE QUESTION.
The MAYOR then inquired if it was the pleasure of the council
to confirm the financecoininittee proceedings.
Mr. BOLTON and Mr. BIRCH rose simultaneously, but the
Mayor called upon
Mr. Councillor BIRCH, who said there. was one part of those
proceedings which he could not consent -to, and to which he
certainly should have objected, had he been
present in commit-
tee at the time when it came under discussion.. He alluded le
the decision of the Finance Committee on a memorial from
certain parties who were lessees under the corporation, to be
allowed to erect offices on land at the Queen's Dock. This was
one of the rather numerous cases in which land had been sold
upon a special covenant that the buyers should erect no build-
ings but warehouses upon it, and the memorialists now prayed
that, under the altered circumstances in which they were placed,
they should be relieved from that condition, and be permitted
to erect other buildings on the land. It did appear to him that
they could not, with any degree of propriety—he would sav
even with any regard for common justice—enforce that-condk!
tion upon their lessees ; because, after the recent decision of
the council upon the subject of building warehouses at the
verge of one dock, and the known intention of the promoters of
that measure to extend those warehouses to other docks, there
was no private individual, in his proper-senses, wno would think
of erecting warehouses hem even if Ore land were given hint
for nothing. (Hear.) He also thought the enforcement of
these conditions as impolitic as unjust, for what would that be,
but the forcible Cr-ation of a species of property which must
ultimately be ruinous to the owners and occupiers of that part
of the estate. He did no+. wish to enter into the discussion•o•!
the question of warehouses; unfortunately this was likely tot
be a source of severe and bitter contention in parliament, and
he, for one, should be glad if it did not turn out to be the me-
dium of severe injury to the port. But though he did that, he
did not wish the interests of any other parties to be sacrificed
by an act of the eouncil; for he did think they had already done
sufficient injury.to the interests of other parties without doing
further injury to the interests of individuals. (Hear.) He
would then submit a motion, "that the proceedings of the Fi-
nance Committee be confirmed, with the exception of that part
which relates to an application from Messrs.. Challoner and
Houghton,to be permitted to erect Offices on land near the Queen's
Dock; and that that application be submitted to the reconsi-
deration of the committee."
Mr. CounciHor DUNCAN seeoirded the motion.
Mr. Councillor Cum' IE rose, but was interrupted by
The Mayon, who observed, that as there might be other
amendments moved on the finance committee's proceedings, it
would be better that it should be understood that Mr. Birch'a-
was an amendment on the original motion, that gentlemen who
had amendments to move might be satisfied that they would not
be precluded from moving them after; Alt, Birch's had been dis-
posed of., It did not get rid of the finance committee proceedings-
Mr. Councillor CURRIE was quiteaware of that, that it only
got rid of that particular in the finance committee proceedings,'
and that afterwards any other amendment might be discussed
on its own merits.
The Mayon only made the remark, as he saw one gentleman
rather uneasy.
Mr. Councillor Comm RIE.—" I dare say he will not lose his op-
portunity." .(A laugh.) The council would be aware that
some time ago it had,been determined to lay out money in the
improvement of George's Dock, to the east of Saltbouse Dock,
and to the east of King's Dock, and that there should be an ar-
cade around those docks.
.With respect therefore to coming to
the decision which the finance committee had done, they had
only adopted what they considered it their duty todo, toprovide
that arcades should be gone on with. „lie did notknow that
arcades would be consistent to other buildings than warehouses,
hut he understood that it was not the intention to absolve the'
lessees from the erection of them, but that arcades should be'
erected_
Mr. Councillor Boi.Tota said, in reference to what Mr Birch',
had said, he might further state that several individuals had
lost their lives by being exposed to the danger of loading and
unloading carts from warehouses. Mr Harrison had lost his
brother, and Mr. Harvey a niece, by the falling of goods on'
this part of the property adjoining the docks. It was therefore
very necessary for the safety of life and limb that arcades should
be erected, as such a protection as ought to be made for the
The TOWN-CLERK said, his impression was, that the corpora-
tion was bound to maintain the arcades; at least to provide
that they should be maintained. The Town-clerk then referred
to the (lock act, and read the clause referring to the point, from
which it appeared, (after reciting that it was a necessary pro-
tection for the security of persons passing from the accidental
falling of goods hoisting in and out of the warehouse;) "that
it should be lawful at any time hereafter, to make, erect, .and
form, tcrthe warehouses hereafter to be erected arcades similar
to the arcades now erected fronting to the said docks; -and that
arcades eo formed should for ever remain open and be kept in
good condition." .
Mr. Councillor Birch.—Perhaps the Town-clerk will say that
is compulsory upon the council; the words of the act are, "it
may be lawful."
The,M A YOR said, it was admitted to be obligatory; perhaps
the rotincil would say whether they would admit it to be oblige=
tory.
hlr. Councillor COGLAN could not say how they could en-
tertain the proposal of Mr. Birch He bad entered into a com'-
meat on the persons taking land of the common council, who
in so4oing were restricted to erect warehouses with porticos,
and called upon the council aswts act of justice that those indi,
viduals should be released from their covenant, because if car-
ried into effect that would be injurious to their interests. This
, was a matter-Ana which probably a great many individuals en-
tertained different opinions. But even supposing is would en-
tail any loss on individuals, they were to consider whether they
were in a position to rescind' any decision entered into previ-
ously. It appeared that the proposition of the council to erect
warehouses was to be discusied in parliament. They were nbt
certain of gaining their cause. If they were defeated, those in-
dividuals could then proceed .in their regular career, and act
is
accordance with the covenant entered into; but till then, he
conceiver! they could not rescind any contract entered into for
a specific perpose, till they could prove that the parties were
likely to be injured.. Let the question be discussed, and gained,
and then let Mr. Birch bring forward this measure. He had
no doubt it would be listened to by the council, as to the line of
conduct they should adopt.
The TOWN-CLERK said, he had considered the terms of the
section of the act of parliament, of which he bad a general
recollection. Before he could say that the council had the
power of releasing the covenant under this lease, he should go
into the inquiry as to what hail been done by other parties. It
appeared to him that the lease had been pursuant to some
general understanding, according to which arcades were to be
erected for the general convenience of the subject. He there-
fore proposed that he should be allowed to inquire into the
subject, and report to the Finance Committee, or to the council.
(Hear, hear.)
The MAYOR.—Perhaps Mr. Birch would modify his resole-'
lion, to be referred back to the Finance Committee to report ?
Mr. Councillor BIRCH said he could have no objection. As
to the observations of Mr. Currie about the building of arcades,
it was quite clear they were necessary. What the parties wished'
was to be released altogether from the obligation of building:
warehouses, but to merely build offices.
Mr. Councillor DUNCAN, as time seconder of Mr. Birch's'
motion, also consented to withdraw it-
Mr. Alderman Evaas next rose. He said, I wish to get up
on the subject, though it is referred to the Finance Committee.
But I do not wish that the public should remain under the im-
pression that this has been done in consequence of the late
proceedings of the Dock Committee. This land has been in
possession of the parties a great number of years, and they have
never built warehouses upon it,, and have had no inclination
whatever of doing it. The last renewal was in 1834. They
never had it in contemplation to build warehouses there. That
part of the town has been long abandoned for warehouses. And
with regard to giving up arcades, we also know that they were
given up at the King's Dock, Mr. Montgomery getting leave,
not only to build up the arcades, but to fill up another, which is
there now no longer. Now this has nothing whatever to do
with the dock question, but it is no doubt deemed by the party
a very good opportunity to get that end accomplished under the
umbra—under the shade of this question which they have been
desiring to do for a number of years. Therefore it has nothing
to do with the question. But let me observe, that we have the
member for Castle-street Ward getting up in his usual minner,,
and professing that he was not wishful to cast any imputations,
or to make any observations on the subject ;
but, from the
school question up to the one now before the council, I do self•
that this council has ieceived mere aggression—more aspersion'
—bordering on insult—from that gentleman than from any,
other person. (Cries of " No, no.") Ido maintain it—heari
the—that he delivered those aspersions in the tone of humility—'
nay, almost of entreaty—on the school question. We are hare'
taunted with one of the severest anathemas---(" Order")r—or"
time warehouse question the other day; and, after this ccaincik
had decided upon it, the gentleman renews it under the pretence
of another 'notion, and passes the most severe denunciations
upon us, as doing evil, as doing wrong and injustice, and as Paving the way, in a great degree, to the destruction of the
town. (Cries of " Order," and confusion.)
The MAYOR —Mr. Birch in explanation.
Mr. Councillor Braces.—As to that—explanation 1 have none
to give. It does seem an extraordinary attack, that any Ref-
son could charge me with insulting the council, when I think
that my manner hiss never given any colour to it. Witlsres-
pect to my onmion on this question I have a right to entertain.
it. Mr. Evans entertains his views; so do I : and if I think that
thereby the council is unjust, surely it is not insulting Übe coun-
' cil in my professing that opinion. With regard to the parties.
I do not know what their notion may be; I do not know them
if meeting them in the street; but I do know this, that they
hold that land on certain conditions, and I do think that after
the decision of the council, that public warehouses should be
built by them, that we should make that allowance. It is only
with the view of getting the council out of an unjust act, 011,,
without any of those objects to which Mr. Evans has alluded in
a most extraordinary,—l must say its a manner that surprises
me.—(Mr. Birch, who was sitting near Mr. Alderman Lynn
bti
at the time, shortly after he had sat down, rose and took is
place at the other end of the room.)

Mr. Councillor MORECROFT understood that the Finance
Committee would have no objection to the party being released
from the building of warehouses, if they only continued the ar-
cades. It would certainly he unsightly if they were permitted
to build the offices and block up the arcades.
Mr. Councillor CuttutE wished to caution the council that
the Finance Committee had given no oninion upon the flue!:
tion. It was a point. which had never been entertained until
that moment.

The Ma Yon said the question then was, as far as the amend-
ment went, that the proceedings of the Finance Committee on
would excuse him, venture to caution
this subject, he referred back to the committee to report. And
he would, if the council
gentlemen from imputing motives to anv one. , These were in
the hands of a higner tribunal than they. were; and they conic!