The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-07-08 00:00:00

LITERATURE.

The South Lancashire Magazine for July. Price
Eighteen-pence. T. Sowler, Manchester ; Grape],
Liverpool; and other booksellers.
This is. the first number of a new periodical printed at
Manchester and which has just made its appearance-
The contents are:—
England, Ireland, and America.—Conversations of the Great.
—Notes upon " Maxima Felicitas".—Lines written at Elstree,
Herts.—Memoirs of toe Life of Sir H. Davy, Bart., by his bro-
ttar, John Davy, M.D.—The Press in Manchester.—Gram-
maire Egyptienne.—lon. A Tragedy by Mr. Sergeant Tal-
four!, 'M.P.—History of England, from the Peace of Utrecht
to the Peace of Aix:la-Chapell. By Lord Mahon.—Random
Recollections of the House of Lords.—James's Naval History. .
—The whole Correspondence between the Committee of the
Yearly Meeting of the Friends and Isaac Crewdson.—A Tale
of the First of April.—The Curse of the Factory System. By
John Fielden, M.P. for Oldhain.—Observations on Improve-
ments in the Town of Manchester. By William Fairburn.—
Royal Manchester Institutton.—Parliamentary Information.—
Miscellaneous.—Public Schemes in Mancheter, 1836.—Tables
of Cotton Wool Imported into Liverpool, &c.
Some of the articles display both ability and good
taste, and, upon the whole it is calculated to diffuse much
both of enjoyment and of refinement of feeling among
the families of our land, with the rising portion of whose
members it will no doubt soon become a favourite. The
following extract from the paper entitled, "The Press in
Manchester" is a pretty just description of the stuff of
which one of one of our contemporaries, who is ever and
anon bragging of the extent of his circulation and the
number of his readers, we mean the Mercury.
" In some journals we have nothing but prosy articles on lo-
cal alterations, heroics on new streets, and eloquence ready in
behalf of any project which promises to pull down a few houses
and erect new ones. In others we have dry recapitulations of
undeniable facts, and in most we observe a want of argument
from principle rather than from prejudice or interest. The edi-
tor of the London Times might come down to Manchester and
write for a year on general principles without exciting notice,
but if he happened to charge full 'tilt at some delapidated old
house and demand its immediate destruction, iu words beeona-
ing enough for Catiline at the gates of Rome, what an immense
sensation the article would occasion ! But if further he were
to produce a lecture on a railway, and introduce with caustic
expressions certain allusions to particular parties who wanted a
few pounds more for some yards of land, and if he declaimed
on the advantages of the said project in terms more adapted to
a scheme for the liquidation of the national debt, styling every
supporter who hoped to make a premium of the scrip " patri-
otic," and every opponent of the specific line "au oppressor o
his country," we verily believe that the circulainon of the paper.;
thus distinguished would rise incredibly in one day l"
The following remarks are at this moment apropos:—
" It is a duty incumbent on all lovers of good order to sup-
port and encourage the Conservative press; to share their fa-
vours between both sides is not fair to those who labour in de-
fence of the constitution, and is a course of conduct which none
of the Whig-Radical party, with all their boasts of superior li-
berality, ever imitate. If the wealthy manufacturers and other
'Conservatives in this town think that their personal interests,
the interests of property and of the country, will be advanced
by. sanctioning sedition and adding influence to democratic
principles, let them by all means support, and maintain the
Radical press. If the Conservative press is deserted, now, it
will desert the cause when most needed, for it will sink into ob-
scurity, or entirely fail whenever a sudden crisis arrives; but
if it is well supported at. the present time, if such assistance is
given it as will enable the proprietors to continue spite of tem-
porary difficulties or sudden failures of circulation, arising from
gusts of popular madness, it will be found servieeable and stead-
fast."

LONDON LAW REPORT.

ROLLS' COURT-MONDAY.

THE ATTORNEY-GENERAL V. ASPINALL AND OTHERS.

This was an information by the Attorney-General, at
the relation of Messrs. Bolton and Jevons, two merchants
residing at Liverpool, against the defendants, who were
trustees of a sum of £105,000, which had been raised by
the old corporation, previous to the members going out
of office, for the endowment of the clergy of the borough.
It appeared that the corporation was the patron of seve-
ral churches in the town, and had the right of presenting
the ministers to such churches, according to the acts of
parliament under which the churches had been founded
and endowed. It further appeared that stipends had been
annually allowed to the ministers out of the corporate
funds. A part of each stipend was paid pursuant to he
acts of parliament, and the remainder was allowed by an
annual vote of the Common Council, and amounted in
the who'e to the annual sum of £5,100. After the pass-
ing, of the municipal corporation act, but before it came
into operation, the old corporation determined to make a
permanent provision for the ministers, and also to aug-
ment the si ipends paid to the incumbents and their curates.
To carry their intention into effect they determined to
raise a sum of money upon the security of the Salthouse
Dock estate, of the annual value of £2,000, and the To-
bacco Warehouse, of the annual value of £4,000. It
was proposed to vest the sum of £105,000, part of
which sum was the amount so raised on mortgage,
in trustees, who were to divide the dividends and annual
income arising from the money among the incumbents
of the several churches in the borough. To prevent this
intention from being completed, an injunction was ob-
tained, ex parte, which on the Ist of December last was
dissolved by Lord Cottingharn, then Master of the Rolls,
and immediately afterwards the money was raised, and
the corporate seal affixed to the security. At the same
tine a deed was executed by the trustees, to whom the
money was paid, declaring the trusts of the money, and
the proportions in which the annual income was to be
paid to the incumbents and curates of the several churches.
The present information was filed for the purpose'of ob-
taining the,, sum of £105,000 from the trustees, and pray-
ing that the same might be paid to the treasurer of the
borough fund, and be applied under the direction of the
new Town Council for the benefit of the borough and
the inhabitants. To this information a demurrer was put
in on the ground that the parties had no equity to call
for any such payment. The case was argued some time
since, and stood over for his lordship's judgment.
Lord Langdale, after stating the facts of the case, ob-
served that it had been argued that the old corporation
could dispose of the whole of the corporate property • in
that proposition he did not concur, and it was evident
that the legislature did not think that they could dispose
of the corporate property. It was, however, in this case,
a power of the old corporation at the passing of the new
municipal reform act, and whatever application of the
corporate property was made by the act, it was always
made subject to the debts of the corporation. The pro-
vision for the ministers of the churches had been ob-
tained by an annual vote of the corporation, and for rais-
ing that the inhabitants were subject to a rate, which,
however, might now be dispensed with. The clauses of
the new municipal reform act, which gaVe the new Town
Council the power to question the contracts of the old
corporation, entered into after the sth day of June, 1835,
were by no means clear—the present question would
seem to fall among the acts which the new Town Coun-
cil might question. If, however, the appropriation was
made for an inadequate consideration, it did not seem
that the words of the act wereadapted to meet the question.
If words of the several clauses were fully considered, it
Would be seen that they would not authorise the court,
upon an application of this nature, to call in question
the acts of the old corporation. It had been argued that
as the municipal reform act was a new law, it had varied
the constitutions of every corporation.- He differed from
the arguments which had been used to support the pro-
.

position, notwithstanding the act. The new Town COun-
cil was the same corporation, representing the inhabi-
tants of the town in the same manner as the body that
had retired from office, and it did not seem that the 97th
section of the act excluded their jurisdiction.—His lord-
ship then continued. He said, the calling in question,
which the act provides for, is the calling in question those
asts of the corporation under its old governing body by
the corporation under its new governing body in a par-
ticular mode. The corporation, however, varied both in
its governing body and in the persons interested in the
application of its property nittst be considered in a court of
law, as a continuing corporation—the new governing
body represent, or 'were _intended to represent, the -in-
terest of the inhabitants, and the power is given to the
new governing body, for the benefit of the inhabitants,
to prevent an application of the property prejudicial to
the interest of the inhabitants by the old governing body;
but I think that the provision of the particular remedy
given by the 97th clause does not exclude the jurisdic-
tion of this court if a proper case for relief is made.
Does the supplemental information, then, chew such a case
as makes it proper for this court to interfere? As I have
observed there is no allegation of fraud, collusion, or im-
prudence, or of any injury done or likely to happen to the
rate-payers or inhabitants; particular charges introduced
into the original information are wholly omitted. And, after
stating the facts, it is alleged that the appropriation was
a misapplication of the property of the funds of the cor-
poration—that the governing body could not lawfully
make such an appropriation—that the trustees ought to
repay the monies—and then it is alleged that the defend-
ants, the mayor, aldermen, and burgesses of Liverpool,
have been advised and admit that the appropriation is
invalid—they ate desirous that the sum of £105,000
'Should be repaid by the trustees thereof to be applied for
the purposes aforesaid, and they have in fact applied to
the trustees to repay the same ; but they refuse to take
any further steps to procure the repayment thereof with-
out the direction and sanction of the court, and those are
the allegations on which this information is founded. I
can only
construe the charge which I have read as a state-
ment that thetsr
to interfere, refuse newt
council, which is specially authorised
to do so, and that without any supposed
collusion between o
benefit of the appropriation.eoipriand the persons claiming the
e
And, notwithstanding the
comprised other statement in the same charge, it is diffi-
cult for me not to conclude from the refusal to proceed
new e
that in the (pinion of stile council the appropriation
is beneficial to the inhabitants•
were at liberty to
suppose them acting in concert with t rators, it would
seem like an attempt to avoid the control
w the act
intended
to give to the King in council. This
was to be exercised on a petition setting f.oruiht.%control
circumstances of the appropriation, and I may conceive,
as suggested at the bar, that the new council, insisting tie
appropriation was invalid, commenced proceedings, which
on a petition of the trustees or of-the clergy setting forth

the special circumstances, was restrained—if this was
done it may well be doubted whether an information for,
the same matter could be sustained, and if not in those
circumstances why is it maintainable in a case where the
proceding might have taken place, but did not, merely
because the new council, who had the option and discre-
tion, refused to adopt it. On the whole of this case, eon-.
ceiving that to some extent and for some purpose a new
trust did attach on the corporation property on the pass-
ing of the act, but that the old governing body were not
forbidden or precluded from a fair application of the cor-
porate property for the benefit of the inhabitants--not
being able to say that the application of the property for
the more secure endowment of the .clergy.of the esta-
blished church, performing divine service incburches and
chapels of the borough, is • not under the circumstances
of this case an application which must legally be consi-
dered beneficial to the inhabitants of the borough—con-
sidering the case to be within the 97th section, without
saving that in no case whatever this court would not have,
had jurisdiction, although the 97th clause was applicable.
—but, thinking it a case in which the remedy given by•
that section ought to'have been resorted to, and having
regard to the nature of the charge in this information,
it does not appear to me, supposing all the allegations
which it contains to be true, that I could decree the re-
lief which is prayed for, or any other relief, and, there-
fore, I think the demurrer ought to be allowed.
The Solicitor-General.-1 do not know whether your
lordship thinks any thing turns on the want of those
charges in the supplemental information, because if so
your lordship would give us leave to amend by intro-
ducing those charges.
Mr. Pemberton.—They were left out purposely, it
was stated at the bar. It was stated this had been done
for the purpose Of bringing the qUestion neatly before
the conrt-r-those charges were purposely left out.
Lord Langdale.—Being so, I do not see that I ought
to allow it.

COURT OF COMMON PLEAS—MONDAY.
WRIGHT V. BURDIS AND, OTHERS.
This was an action brought to recover the value of a
vessel, named the Stephen, which was lost some-time
ago on her voyage from Dublin to Liverpool. The ac-
tion was stopped by the . court after the examination of
two witnesses upon this point—namely,it appeared that
several mortgages were granted on the vessel, and before
the sailing of the vessel a mortgagee, named Barker,
took possession, dismissed the captain and crew, and ap-
pointed others in their stead. It was, therefore, con-
-tended by the counsel for the defendants that the present
plaintiff had ,no property in the vessel at the time she
waq lost, and could not maintain the action. ,
The CHIEF JUSTICE agreed that, by the provisions of
a recent act; the object urged on the part of the defend-
ants must be sustained. The present action was not for
a Court of Law. The parties might bring the question
into an Equity Court.
The plaintiff nonsuited accordingly. •

COURT OF KING'S BENCH, MONDAY.
M'CARTY V. COLVIN AND OTHERS.
This action was brought by the plaintiff to recover
from the defendants the sum £419 18s 9d.
The plaintiffs resided at Calcutta, and the defendants
were merchants in Londnn. The plaintiffs had directed
that the sum of £1,200 should be sold out of the Eng-
lish Funds, for the purpose of paying certain bills, the
balance to be paid over to defendants, that they might
remit it to them. The sum of £419 18s 9d was accord-
ingly paid over to the defendants by the agents of the
plaintiffs, and they alleged that they had paid it into the
house of Colvin and Co., who had since become insol-
vents. It was admitted on the part of the defendants
that they had received the money, but they contended
they had paid it on account with the correspondents at
Calcutta, for the use of the plaintiffs, and they gave
them advice that they had so done; and, that notwith-
standing they had since failed, the liability ceased the
moment the letter was dispatched.
Lord Denman holding that it was a payment, the
plaintiff was nonsuited, leave being reserved to move
the court.
Sir F. Pollock conducted the plaintiff's case ; the At-
torney-General and Mr. Bazett the defendants.